Police Department Policy

GGPDE_335_-_Limited_English_Proficiency_Servic_2743586

Garden Grove PD

Policy Text
Policy 335Garden Grove Police Department Policy Manual Copyright Lexipol, LLC 2022/05/24, All Rights Reserved. Published with permission by Garden Grove Police DepartmentLimited English Proficiency Services - 1Limited English Proficiency Services 335.1 PURPOSE AND SCOPE This policy provides guidance to members when communicating with individuals with limited English proficiency (LEP) (42 USC § 2000d). The purpose of this Directive is to establish effective guidelines, consistent with Title VI of the Civil Rights Act of 1964 and the Omnibus Crime Control and Safe Streets Act of 1968, for departmental personnel to follow when providing services to, or interacting with, individuals who are LEP. Language barriers can impede effective and accurate communication in a variety of ways. Language barriers can sometimes inhibit or even prohibit individuals with limited English proficiency (LEP) from accessing and/or understanding important rights, obligations, and services, or from communicating accurately and effectively in difficult situations. Hampered communication with LEP victims, witnesses, suspects, and community members can present the department with safety, evidentiary, and ethical challenges. Ensuring maximum communication ability between law enforcement and all segments of the community serves the interests of both. 335.1.1 DEFINITIONS Definitions related to this policy include: Authorized interpreter - A person who has been screened and authorized by the Department to act as an interpreter and/or translator for others. Child Abuse Services Team (CAST) - A multi-disciplinary team involving the District Attorney, police and social workers. A deputy district attorney is assigned full-time to the CAST facility, where the forensic interviews and sexual assault physical examinations are conducted in a child- friendly environment. Interpret or interpretation - The act of listening to a communication in one language (source language) and orally converting it to another language (target language), while retaining the same meaning. Limited English proficient (LEP) - Any individual whose primary language is not English and who has a limited ability to read, write, speak or understand English. These individuals may be competent in certain types of communication (e.g., speaking or understanding) but still be LEP for other purposes (e.g., reading or writing). Similarly, LEP designations are context-specific; an individual may possess sufficient English language skills to function in one setting but these skills may be insufficient in other situations. Primary Language - means an individual's native tongue or the language in which an individual most effectively communicates. We should avoid assumptions about an individual's primary language. For example, not all individuals from Central America speak Spanish fluently. Instead, some Central Americans may claim an indigenous language as their native tongue. We should make every effort to ascertain an individual's primary language to ensure effective communication. Garden Grove Police Department Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2022/05/24, All Rights Reserved. Published with permission by Garden Grove Police DepartmentLimited English Proficiency Services - 2Qualified bilingual member - A member of the Garden Grove Police Department, designated by the Department, who has the ability to communicate fluently, directly and accurately in both English and another language. Bilingual members may be fluent enough to communicate in a non-English language but may not be sufficiently fluent to interpret or translate from one language into another. Translate or translation - The replacement of written text from one language (source language) into an equivalent written text (target language). 335.2 POLICY It is the policy of the Garden Grove Police Department to reasonably ensure that LEP individuals have meaningful access to law enforcement services, programs and activities, while not imposing undue burdens on its members. The Department will not discriminate against or deny any individual access to services, rights or programs based upon national origin or any other protected interest or right. 335.3 FOUR-FACTOR ANALYSIS Since there are many different languages that members could encounter, the Department will utilize the four-factor analysis outlined in the U.S. Department of Justice (DOJ) Guidance to Federal Financial Assistance Recipients, available at the DOJ website, to determine which measures will provide meaningful access to its services and programs. It is recognized that law enforcement contacts and circumstances will vary considerably. This analysis, therefore, must remain flexible and will require an ongoing balance of four factors, which are: (a)The number or proportion of LEP individuals eligible to be served or likely to be encountered by department members, or who may benefit from programs or services within the jurisdiction of the Department or a particular geographic area. (b)The frequency with which LEP individuals are likely to come in contact with department members, programs or services. (c)The nature and importance of the contact, program, information or service provided. (d)The cost of providing LEP assistance and the resources available. 335.4 TYPES OF LEP ASSISTANCE AVAILABLE Garden Grove Police Department members should never refuse service to an LEP individual who is requesting assistance, nor should they require an LEP individual to furnish an interpreter as a condition for receiving assistance. The Department will make every reasonable effort to provide meaningful and timely assistance to LEP individuals through a variety of services. The Department will utilize all reasonably available tools, such as language identification cards, when attempting to determine an LEP individual's primary language. Garden Grove Police Department Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2022/05/24, All Rights Reserved. Published with permission by Garden Grove Police DepartmentLimited English Proficiency Services - 3LEP individuals may choose to accept department-provided

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