Introduction
This implementation plan presents the steps that the New York City Department of Homeless Services (DHS) will take in order to ensure compliance with Local Law 73 of 2003.
This plan also shows DHS’ commitment to provide meaningful access to all individuals seeking benefits and services, including individuals with limited English proficiency. Individuals should not face obstacles to receiving social services for which they may be eligible because they do not speak English. The purpose of this plan is to ensure that persons eligible for social services receive them and to avoid the possibility that a person who attempts to access services will face discrimination based on the language he or she speaks.
DHS serves a diverse population encompassing people with many different primary languages. Some of these individuals are unable to communicate in English. It is the responsibility of DHS staff to communicate to applicants and clients their rights and responsibilities as well as DHS policies.
Mayor Michael R. Bloomberg signed Local Law 73 into law on December 22, 2003 to ensure access of City services to all New Yorkers. Local Law 73 of 2003 or, the “Equal Access to Human Services Act of 2003”, seeks to increase access to critical City services for New Yorkers whose primary language is not English. Many elements of Local Law 73 pertain exclusively to the Human Resources Administration (“HRA”), which is listed as “[t]he Agency” for purposes of this law. ACS, the Department of Homeless Services (“DHS”) and the Department of Health and Mental Hygiene (“DOHMH’) are listed as “other covered agencies” in Local Law 73; as such, ACS, DHS, and DOHMH have specific obligations pursuant to Local Law 73 that are different from those enumerated for HRA.
As described in Local Law 73, DHS' language access policy is not limited to the measures set forth in this plan; it is a work in progress as we advance toward our goal of full implementation of the DHS Language Access Policy by 2009.
1. Identification of Primary Language
Relevant Portion of Law:
Upon initial contact, whether by telephone or in person, with an individual seeking benefits and/or services offered by another covered agency, the other covered agency shall determine the primary language of such individual. If it is determined that such individual’s primary language is not English, the other covered agency shall inform the individual in his/her primary language of available language assistance services.
“Primary language” means the language in which a limited English proficient (LEP) individual chooses to communicate with others.
As described in Section 8-1003, “agency” and “covered agency” include “all agency contractors. Therefore, all agency contractors” must also provide free language assistance services as required in Local Law 73.
Implementation Plan:
| A. |
DHS workers shall screen all applicants for shelter to determine the primary language of the applicant. |
| B. |
When an individual is determined to have a primary language other than English, personnel shall inform the individual of available language assistance services in the individual's primary language by using the Language Identification Card, directly using the individual's primary language, or using an interpreter service. |
| C. |
If a worker has difficulty determining a client’s primary language, the worker should use the Language Identification Card. |
| D. |
Once the applicant/client indicates he/she needs an interpreter, the DHS worker should immediately document the applicant’s native language on the screening sheet. |
Identification of Primary Language task status as of March 2006
A. through D.: The DHS Office of Policy and Planning, working together with the DHS Director of Training, will create a training briefing on Local Law 73 that will provide instruction on the proper use of the Language Identification Card and the new Language Access questions to be asked of all LEP individuals requesting services at DHS facilities. DHS staff will also document the individual’s native language on the screening form. All procedures regarding documentation of an LEP individual’s native language will be presented in the training briefing document.
In addition, the DHS Director of Training will include a segment in the Cultural Awareness curriculum of the DHS employee orientation training on Local Law 73 and DHS’ obligation and commitment to providing meaningful access to all individuals seeking benefits and services including LEP individuals. This enhanced training will include instruction on: (i) how to use the Language Identification Card, which will be distributed during the training session; (ii) a review of the pertinent questions to ask each LEP individual to serve their needs appropriately; and (iii) how to document the services offered by DHS staff and accepted by LEP individuals.
Timeline: Distribution of the training briefing document to all existing DHS operations staff will occur in September 2006 with implementation expected in December 2006. Implementation of the revised orientation training segment on Language Access for all new DHS employees will become effective on or about January 1, 2007.
2. Notice Regarding Free Language Assistance
Relevant Portion of Law:
Upon initial contact, whether by telephone or in person, with an individual seeking benefits and/or services offered by another covered agency, the other covered agency shall determine the primary language of such individual. If it is determined that such individual’s primary language is not English, the other covered agency shall inform the individual in his/her primary language of available language assistance services.
Implementation Plan:
| A. |
DHS facilities shall post and maintain signage regarding the legal right to free language assistance by December 1, 2007. |
| B. |
DHS will develop procedures to identify commonly encountered languages at individual sites by December 1, 2007. |
| C. |
Signage will be translated into these commonly encountered languages and placed at all central points of contact, within the following intake centers: the Bronx PATH Family Intake Center (PATH), the Adult Family Intake Center (AFIC), the Bellevue Adult facility for Men, and the adult women intake centers – Brooklyn Women’s Assessment, Franklin Assessment Shelter, and Jamaica Armory Assessment. |
| D. |
Signage shall also be placed in all DHS and contracted shelter placement facilities. Signage should be posted at facility entrances, admitting and waiting areas. |
Notice Regarding Free Language Assistance task status as of March, 2006
| A. |
DHS currently projects that this signage will be completed by September 30, 2006with signs posted in designated areas on or about December 1, 2006.
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| B. |
Procedures for identifying commonly encountered languages at individual sites will be developed, finalized, and ready for distribution by September 30, 2006. |
| C. |
DHS currently projects that this signage will be completed by September 30, 2006 with signs posted by December 1, 2006 within the following intake facilities: the Bronx PATH Family Intake Center (“PATH”), the Adult Family Intake Center (AFIC), the 30th StreetAdult Facility for Men (aka-“Bellevue Shelter”), and the adult women’s intake centers – Brooklyn Women’s Assessment, Franklin Assessment Shelter, and the Jamaica Armory Assessment facility.
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| D. |
Placement of signage in all of the remaining DHS and/or contracted facility entrances, admitting and waiting areas by January 1, 2007.
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3. Language Assistance Services
Implementation Requirements:
| A. |
DHS will track language assistance requests to assess language assistance needs for particular facilities. |
| B. |
DHS will provide access to a private telephone interpretation service at all DHS and/or contracted facilities. A telephone in each facility will be designated for the use of this interpretation service. Designated telephones will either have speaker capability or be equipped for the use of headsets. |
| C. |
When the applicant/client indicates he/she needs an interpreter, DHS staff will immediately determine and document the applicant’s native language in the applicant/client’s case record. Where possible DHS will assign the applicant to a bilingual caseworker who is fluent in the applicant/client’s language. |
| D. |
Where a bilingual worker is not available, DHS staff may request assistance from a designated DHS Language Liaison. |
| E. |
If an appropriate interpreter still cannot be located the Language Liaison shall authorize the use of a private telephone interpretation service. |
| F. |
DHS would never require a family member or friend to be used as an interpreter unless the applicant/client requested such assistance from their family member or friend.
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| G. |
In accordance with Local Law 73, applicants/clients in need of language services will not be expected to wait unreasonably longer to receive assistance than those individuals who do not require language assistance services. |
Language Assistance Services task status as of March 2006
| A. |
The DHS Planning, Development & Grants Unit is responsible for implementing a HUD required database for all NYC service providers receiving housing and homeless services funding from HUD. The new database system is known as the Homeless Management Information System (HMIS). The fundamental structure of this HMIS database system, which includes basic identification and demographic information for all clients, will subsequently become the basis for the new adult and family shelter facilities database system that DHS is developing through contract with the same software systems provider who is the contractor for HMIS. DHS has already incorporated the LEP questions process into the HMIS system, which will therefore be present and operational when the new DHS data systems go live. The expected date for these DHS systems to begin operating is late 2007 to early 2008. |
| B. |
At this point DHS is still exploring the need for a specially designated telephone at each site (as described in Section 3B above) for the utilization of our telephone interpretation service. DHS has been utilizing the Aset International Service Corporation telephone interpretation service since November 2005, and prior to this DHS worked with Language Line Services, Inc. This translation option has and continues to serve our Agency well through its utilization by our DHS Advocacy Hotline staff as well as all other staff primarily in our Adult and Family Services Divisions whenever translation and transcription services are needed. |
| C. |
Procedures such as this one for documentation will be included in the new staff training briefing document that will be completed in September 2006. Specific information concerning such documentation requirements will and may vary based on the type of facility and staff function (for example, an intake worker will document translation services needed/offered on the applicant’s intake forms whereas a caseworker will document translation services needed/offered directly into the client’s case file). |
| D. |
At this time DHS is exploring all options regarding the designation and utilization of staff as Language Liaisons. If required, it is expected that DHS will continue to work closely with the Mayor’s Office of Immigrant Affairs for further guidance regarding the Language Liaison function. |
| E. |
Again, DHS is exploring the option whether to have an on site supervisor’s authorizing the translation service or to continue with our current procedure regarding our utilization of the telephone translators. |
| F. |
This issue regarding the utilization of family members and friends as interpreters will also be specifically reiterated in the new staff training briefing document that will be completed by September 30, 2006.
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4. Quality Assurance Measures
Relevant Portion of Law:
No later than the first day of the sixtieth month after the effective date of the local law that added this chapter, every other covered agency shall maintain records of the primary language of every individual who seeks or receives ongoing benefits or services. At a minimum, the other covered agency shall maintain specific records of the following:
1. The number of limited English proficient individuals served, disaggregated by type of language assistance required and primary language;
2. The number of bilingual personnel and the number of interpreter personnel employed by the other covered agency, disaggregated by language translated by such personnel;
3. Whether primary language determinations are recorded properly; and
4. Whether documents are translated accurately and disseminated properly.
Plan Requirements:
| A. |
DHS will devise quality assurance methods for testing the accuracy of primary language recording by October 31, 2006. |
| B. |
DHS will provide quality assurance for translations through the selection of qualified vendors and the development of reference materials, to improve accuracy and consistency of translated documents by October 31, 2006. |
| C. |
DHS will develop protocols to ensure proper dissemination of accurately translated materials to individuals in need of language assistance by December 31, 2007. |
Quality Assurance Measures task status as of March, 2006
| A. |
DHS expects that this task will be completed on schedule by a DHS workgroup consisting of Operations and Policy & Planning staff. |
| B. |
At this time DHS is exploring multiple options regarding the translation of service documents. It is expected that DHS will continue to work closely with the Mayor’s Office of Immigrant Affairs for further guidance and information in connection with any existing city-wide contracts that DHS can utilize. In addition, DHS will explore with the Mayor’s Office of Immigrant Affairs whether an agency such as DCAS could create a contract for designated City agencies instead of each agency developing their own individual contracts. Currently, DHS utilizes Asset International Service Corporation for the translation of written documents for posting and distribution. |
| C. |
DHS expects that this task will be completed on or about January 1, 2007. |
5. Training
Plan Requirements:
| A. |
DHS will train all appropriate personnel, including management, supervisors, and personnel who have direct contact with limited English proficient individuals, on protocol for delivery of language services by December 1, 2007. |
| B. |
DHS will orient new staff and trainees on the availability of interpreter services by December 1, 2007. |
| C. |
DHS will provide or contract to provide, training in how to elicit and record applicants’/clients’ primary languages to all appropriate personnel, including management, supervisors and personnel who have direct contact with limited English proficient individuals. This training will be provided by October 1, 2006. |
| D. |
Protocols will be developed for providing notification of the availability of interpretation services. The protocols will be disseminated throughout DHS and adapted for the needs of each program. This training will be provided by October 1, 2006. |
Training status as of March, 2006
A. and B.: As stated in Task 1 of this document, distribution of the training briefing document to all existing DHS operations staff will occur in September 2006 with implementation expected by December 31, 2006. All location managers and supervisors will be responsible for training their respective staffs utilizing the new training briefing document that will explain all new requirements and procedures. Implementation of the revised orientation training segment on Language Access for all new DHS employees that is conducted by the DHS Director of Training will become effective as of February 1, 2007.
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C.
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As a result of the quality assurance review that the Agency acquires as a result of the quality assurance review that we will conduct, by spring 2007 DHS can determine whether the current training procedure, that is utilization of the staff training briefing document, was appropriately effective. If at this point we decide to contract with a provider to assist us in furthering specific training needs regarding our Language Access policy we can begin that process by December 1, 2007.
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D.
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As these protocols will be included in the staff training briefing document, DHS expects this task to be completed by September 1, 2006.
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6. Recordkeeping and Monitoring
Relevant Portion of Law:
No later than the first day of the sixtieth month after the effective date of the local law that added this chapter, every other covered agency shall maintain records of the primary language of every individual who seeks or receives ongoing benefits or services. At a minimum, the other covered agency shall maintain specific records of the following:
1. The number of limited English proficient individuals served, disaggregated by type of language assistance required and primary language;
2. The number of bilingual personnel and the number of interpreter personnel employed by the other covered agency, disaggregated by language translated by such personnel;
3. Whether primary language determinations are recorded properly; and
4. Whether documents are translated accurately and disseminated properly.
Plan Requirements:
| A. |
DHS will maintain records of the primary language, race, and ethnicity of every individual served and the type of language assistance provided to clients. |
| B. |
DHS will maintain records of bilingual personnel disaggregated by language translated or interpreted by such personnel, as well as by office location. |
| C. |
DHS will perform periodic reviews to ensure that language assistance needs and requests are properly documented. |
Record Keeping and Monitoring status as of March, 2006
| A. |
As previously stated in task 3, DHS has already incorporated the LEP questions process into the HMIS system, which will therefore be present and operational when the new DHS data systems go live. The expected date for these DHS systems to begin operating is late 2007 to early 2008. DHS will have the ability to run specific reports that will enable the Agency to collect and monitor pertinent information such as the primary language, race, ethnicity and any type of language assistance that was provided to any individual in the DHS system. |
| B. |
To date, DHS has never collected this specific information from personnel and we are currently in the process of revisiting this policy and exploring how we can ascertain this information from new employees as part of the hiring paperwork. In addition, DHS plans to survey all existing personnel to ascertain such information. |
| C. |
This review protocol will be incorporated into the quality assurance methods for testing the accuracy of primary language and other language access recording as stated in response to task 4. The protocol will be completed on or about January 1, 2007.
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7. Coordination
| A. |
DHS will designate a Language Assistance Coordinator to ensure compliance with Local Law 73 and this implementation plan. |
Coordination status as of March, 2006
| A. |
Currently DHS has named Bill DiStefano, Director of Planning, Development & Grants in the Policy and Planning Division and Robert Wallace, Associate General Council Program/Disciplinary in the Legal Division, to oversee our agency’s compliance with Local Law 73. At this time, DHS is exploring all options in regard to the specific designation of an agency Language Access Coordinator. |
8. Implementation Updates and Annual Reports
Relevant Portion of Law:
Implementation updates and annual reports. No later than 90 days after the end of each calendar year after the publication of the implementation plan and before implementation is complete, the agency and each other covered agency shall publish an implementation update. The implementation update shall describe steps taken over the prior year to implement the requirements of this chapter and shall describe any changes in the agency or other covered agency’s plan for implementing the remaining requirements of the local law that added this chapter before the date set forth in subdivision a of this section. The implementation update for every year after 2004 shall include a report on the number of limited English proficient people served, disaggregated by language and by agency office or other covered agency office. Not later than 90 days after the end of each calendar year beginning with 2008, the agency and each other covered agency shall publish an annual report on language assistance services. At a minimum, this annual report of the agency, each agency contractor and each other covered agency shall set forth the information required to be maintained by this chapter.
Plan Requirements:
| A. |
DHS will collect the above information from the covered programs, and produce an annual report, beginning 60 months from the effective date of the law. |
| B. |
Prior to the effective date for producing annual reports (60 months), DHS will produce implementation updates every year. These reports will provide updates about our implementation of the plan, and detail any changes in the plan. |
| C. |
The implementation update for 2005 (which will be released in 2006), and all reports thereafter, will include information on the number of limited English proficient people served, disaggregated by language and by agency office. |
Project Status as of March, 2006
| A. |
This task will be ongoing annually through March 2008. |
| B. |
This task for 2005 will be complete as of March 31, 2006. |
| C. |
As previously mentioned in Task 6 of this document, the expected date for the new DHS data systems to begin operating is late 2007 to early 2008. In the interim, however, we can report on the utilization of our current telephone translation service.
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For fiscal year 2005, DHS initiated a total of 142 telephone calls to our contracted translation service. Translators were utilized for the following languages with their frequency of utilization included: Spanish-38; Russian-20; Mandarin-16; French-15; Polish-15; Cantonese-11; Korean-4; Fula-3; Mandinka-3; Greek-2; and Haitian Creole-2. The following languages were accessed 1 time each: Arabic, Bengali, Cambodian, Fulani, Italian, Japanese, Mandingo, Portuguese, Serbian, Somali, Swahili, Tagalog, and Vietnamese. The total number of unique clients served during this period (July 1, 2004through June 30, 2005) was 42,961 therefore, 142 calls can suggest that 0.3% of the total number of unique clients served were Limited English Proficient and required translation in a language other than a language spoken by facility staff.
For fiscal year 2006 (July1, 2005 through November 30, 2005), DHS initiated a total of 153 telephone calls to our contracted translation service. Translators were utilized for the following languages with their frequency of utilization included: Spanish-79; Mandarin-32; Polish-11; Cantonese-9; Arabic-5; Korean-4; Russian-3; French-2; and Mandingo-2. The following languages were accessed 1 time each: Italian, Albanian, Amharic, German, Turkish, and Mien. . The total number of unique clients served during the period from July 1, 2005through November 30,2005was 31,668 therefore,153 calls can suggest that 0.5% of the total number of unique clients served were Limited English Proficient and required translation in a language other than a language spoken by facility staff.
Next Steps
| 1. |
Immediate next steps include Policy & Planning hosting working meetings with program staff from the Adult and Family Services Divisions and the Director of Training to continue developing and crafting the training briefing document as a practical training tool for all existing staff. The training and related materials will focus on DHS’ policy and proper procedures that explain how to assist LEP individuals, how to use the Language Identification Card, how to record information properly, and related operational issues.
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| 2. |
In an effort to increase interpretation/translation options for DHS over the long-term, the DHS Office of Policy & Planning will continue to work with the DHS Administration Division/Personnel and the DHS Equal Opportunity Affairs Office to explore our options regarding the collection of personnel data relating to our staff in connection with identifying the languages they may speak. |
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