U.S. Office for Civil Rights complaint prompts changes in favor of LEP individuals in Pennsylvania
January 10, 2006
FOR IMMEDIATE RELEASE
PHILADELPHIA- In a victory for limited English proficient (LEP) residents of the Commonwealth of Pennsylvania, the Office for Civil Rights (OCR) of the U.S. Department of Health & Human Services recently announced that it will initiate a review of a state agency to ensure that it is following federal civil rights laws.
The announcement came in a December 30, 2005 letter issued by OCR Regional Manager Paul F. Cushing. Cushing’s letter concluded more than a year-long review of a complaint initiated by the ACLU of Pennsylvania.
ACLU Staff Attorney Paula Knudsen filed complaints in August 2004 against both the Luzerne County Assistance Office (CAO) and the Luzerne County Children and Youth Services Agency (CYS) alleging discrimination. The discrimination complaints were filed on behalf of Ana Pacheco, a Spanish-speaking resident of Freeland, Luzerne County.
“We are extremely pleased with the work of the Office for Civil Rights and its decision to ensure that citizens of the Commonwealth of Pennsylvania are guaranteed equality, no matter how well they speak English,” said Nancy Hopkins, Executive Director of the ACLU of Pennsylvania.
The ACLU became involved in Mrs. Pacheco’s case after CYS removed her three children from her custody in January 2004 after a school nurse saw a bruise on their 14-year-old son. Neither CYS nor the court provided Mrs. Pacheco with an interpreter.
OCR, in its December 30 decision, confirmed that “there is no evidence that the recipient agency [CYS] attempted to communicate with the Pachecos during the investigation of the child abuse report.” In addition, OCR found that any notices or correspondence to the Pachecos were only in English. “OCR could find no occasions in which the covered entity sent written information to the Pachecos in Spanish,” Cushing stated.
Federal law prohibits discrimination on the basisof race, color, or national origin in programs or activities receiving Federal financial assistance from the Department of Health and Human Services.
Based upon its investigation, OCR found that “the failure of the recipient [CYS] to provide language assistance … indicates the existence of serious deficiencies in the area of communication with LEP persons.” OCR will now initiate a compliance review of the Pennsylvania Department of Public Welfare (DPW) Office of Children, Youth and Families (OCYF) to ensure that they are in compliance with federal law in the area of LEP persons.
Mrs. Pacheco’s two younger children have since been returned, and in February 2005, she was acquitted of criminal charges stemming from alleged child abuse.
“Ana Pacheco suffered every parent’s nightmare – losing her children – simply because she couldn’t speak English,” Knudsen said. “Hopefully, the OCR review will ensure that other LEP families in the Commonwealth receive the aid of interpreters in these critical situations.”
OCR also issued a letter decision in Mrs. Pacheco’s complaint against the Luzerne County Assistance Office (CAO). In the December 29, 2005 letter issued by Cushing, the OCR regional director noted positive changes at Luzerne CAO offices.
Some positive changes at CAO offices include:
- In October 2005 the CAO Executive Director sent a memo to all staff emphasizing its commitment to practices that ensure meaningful access to benefits for limited English proficiency (LEP) persons.
- Large posters in various languages are now conspicuously displayed in public areas of CAO offices.
- All staff are directed to offer free language assistance services to LEP persons. Family members and friends are discouraged from interpreting unless the client insists on their use.
- The Luzerne CAO employs eight (8) certified bilingual workers to provide services to Spanish-speaking clients and to assist in the provision of language assistance
- The Luzerne CAO has contracted with two (2) in-person interpreters for the Russian, Belarus, Ukrainian, and Portuguese languages.
The ACLU of Pennsylvania also supports Senate Bill 669, legislation that passed the Pennsylvania Senate and is now before the Pennsylvania House of Representatives. That legislation addresses the issue of interpreters for court and administrative agency proceedings.
"The positive action taken by the Office of Civil Rights is further proof of why the legislature should move swiftly on Senate Bill 669. Interpreters are required not only as aconstitutional matter, but also as a matter of justice and fairness for all Pennsylvanians," said Larry Frankel, Legislative Director for the ACLU of Pennsylvania
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