DEPARTMENT OF HEALTH & HUMAN SERVICES OFFICE OF THE SECRETARY. June 27,2008
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1 DEPARTMENT OF HEALTH & HUMAN SERVICES OFFICE OF THE SECRETARY Voice - (415) , (800) Office for Civil Rights, Region IX TDD - (415) , (800) th Street, Suite (FAX) - (415) San Francisco, CA I~ttp'//~~~. hhgyovloc~l June 27,2008 Mr. Stewart K.woh, President and Executive Director Asian Pacific American Legal Center Wilshire Blvd, 2nd Floor Los Angeles, CA Mr. Philip L. Browning, Director Departmefit of P~blic Social Services County of Los Angeles Crossroads Parkway, South City of Industry, CA OCR Reference Number: Dear Messrs. Kwoh and Browning: On February 26,2003, the Office for Civil Rights (OCR), Department of Health and Human Services (HHS), signed and issued a Resolution Agreement with the Los Angeles County Department of Public and Social Services (LADPSS). The Resolution Agreement resolved a complaint filed by Joe Doe, Sandra Garcia, Hong Tan, and the Asian Pacific American Legal Center with OCR on December 6, The complaint alleged that LADPSS discriminates against persons with limited English proficiency (LEP) by denying them an equal opportunity to benefit.from its services. Persons who are LEP constitute more than 40% of the LADPSS case load. LADPSS agreed to voluntarily resolve those issues by taking actions to achieve compliance with Title VI of the Civil Rights Act of 1964,42 U.S.C. 2000d et seq., and implementing regulation, 45 CFR Part 80. OCR investigated the allegations under its authority to enforce Title VI and its implementing regulation. From Febmary 26, 2003 to the present OCR monitored the terms ofthe agreement to ensure compliance with the requirements of Title VI. During that period, LADPSS provided OCR with a series of quarterly data reports to document its efforts to comply with the terms of the Agreement. These data reports included the following: 1. Data disaggregated by primary language for the threshold and non-threshold languages for the entire LADPSS client caseload issued on a quarterly basis for all cases served by the program and District Office. 2. Welfare to Work program data, disaggregated by threshold and non-threshold languages of the
2 Page 2 average entry wage, average entry number of hours wol-ked per week as reported by the LADPSS participant and employment retention rates. 3. A statistical breakdown, per threshold language, of how many LEP participants per quarter were sent to job search within 30 days after appraisal; how many LEP participants per quarter were referred directly to vocational assessment; how many LEP participants per quarter were referred to educational or training activities; and how many LEP participants per quarter were referred to work experience. In addition, the Agreement specified a number of items that LADPSS had to complete so as to ensure compliance with Title VI of the Civil Rights Act of OCR has verified that these items have been completed and the terms of the Agreement met. The specific actions that LADPSS took, as a result of the Agreement, include the following: 1. Established a Central Coordinating Office (CCO) to ensure nondiscrimination in the delivery of services as mandated by federal and state laws. The CCO ensures the provision of appropriate language assistance to LEP and non-english speaking applicants and participants as required by law. 2. Estabhshed a Community Advisory Board (CAB) to advise LADPSS on issues affecting LEP and non-english speaking persons. The CAB consists of twelve (12) members who are not LADPSS employees, as well as staff fiom LADPSS Central Coordinating Office (CCO). The CAB collaborated with the LADPSS in the development, implementation, operation and evaluation of CalWORKs Programs and services and all federally funded LADPSS administered and contracted 'programs and services. The CAB includes representation fi-om legal services organizations and refbgee assistance programs. The CAB met on March 17,2004 and has since been meeting consecutively every two months. 3. Implemented a Translation Services Unit to assist the Department in translating forms, notices, and other documents in all LADPSS threshold languages, and to ensure accuracy in a linguistically sensitive and timely manner. The Translation Services Unit is comprised of eight (8) translators representing all of the LADPSS threshold languages which account for over 90% of the LE? case load. 4. Augmented its civil rights unit which' investigates civil rights complaints and monitors LADPSS and its contracted and sub-contracted public contact offices for compliance with California Department of Social Services (CDSS) Division 21 Regulations, Title VI of the Civil Rights Act of 1 964, and Title I1 of the Americans with Disabilities Act (ADA) of It also serves as the liaison concerning Title VI policy issues between LADPSS, the CAB, community organizations, and advocates serving LEP and non-english speaking individuals. To ensure compliance with the terms stipulated in the Resolution Agreement, LADPSS increased its civil rights team to eight (8) Civil Rights Investigators under the supervision of one (1) manager.
3 Page 3 5. Established a network of sixty-three (63) Civil Rights Liaisons, plus their assigned back-ups. This network consists of administrative representatives &om each Disti-ictIRegiona1 office, who ensure the implementation of the Civil Rights Program and Policy for their respective offices. 6. Focused its efforts to ensure effective dissemination of information to the non-english/limited English Proficient (LEP) applicantslparticipants. Some of the methods used include outreach programs, multilingual posters, pamphlets, instructional notices, public meetings, public service radio and television announcements, billboards and the Department's internet web site. 7. Developed civil rights policies and procedures and issued civil rights memoranda and various written civil rights directives. Also, to ensure implementation of these civil rights policies and procedures, the LADPSS continuously conducts detailed civil rights monitoring of fifty-two (52) LADPSS yublic contact offices; forty-eight (48) contracted CalWOm service providers; and approximately two hundred (200) sub-contracted CalWORKs service providers. 8. Released Civil Rights Memo dated February 8,2007, to remind staff that, in accordance with the CDSS Division 21 Regulations, civil rights forms must always be available in waiting rooms and reception areas in all LADPSS public contact offices. 9. As part of the Department's efforts to enhance its quality of service, as well as to increase its staff members' awareness and knowledge of civil rights issues, LADP SS Civil Rights Section developed a reference Civil Rights and Language Services Handbook dated August 26, In 2006, LADPSS revised the "Language Designation" (PA 48 1) form in Armenian, Cambodian, Chinese, English, Korean, Russian, Spanish, Tagalog, and Vietnamese languages. LADPSS also released Manual Letter #4647, dated March 14, 2006, to provide applicantslparticipants with a clear choice for their spoken and written language designation In compliance with civil rights mandates, informational materials, such as "I Speak" cards and posters, are available in the LADPSS threshold languages notifjmg non-english speaking and LEP applicantslparticipants of the availability of fiee bilinguallinterpretive services. 12. LAEPSS requires each District/Regional office to have a copy of the LADPSS Civil Rights & Language Services Handbook, which includes a Civil Rights Desk Reference. 13. Documented that since 2003, there was a significant improvement in the LADPSS performance on annual California Department of Social Services civil rights compliance monitoring. 14. All non-english-speaking participants referred to GAIN are listed on a monthly production report, sorted by primary language code, which is used by the GAIN Scheduling Clerk to make the assignment to a language-appropriate worker.
4 Page Ensures that LADPSS contractors are subject to the same policies and procedures as County staff. All contracts contain provisions that contracted staff meet LADPSS participants' language needs. 16. In an effort to aid non-englishaimited-english speaking participants in achieving their goals of obtaining gainhl employment, the Department offers its participants the opportunity to participate in LEP education and training programs. The LEP program provides vocational and educational training and assistance with English language skills to obtain, maintain and advance in employment. 17. To ensure that language needs of the Department are met, the LADPSS Human Resources Department utilizes a registry of qualified Eligibility Workers, Clerical, GAIN Services Workers and Social Workers who speak at least one of the following ten languages: Aimenian, Cambodian, Cantonese, Korean, Lao, Mandarin, Russian, Spanish, Tagalog and Vietnamese. In July 2004, records show that LADPSS had five thousand one hundred nineteen (5,119) employees certified in a specific foreign language. As of January 2007, the records reflect that LADPSS has increased its bilingual staf ing to six thousand two hundred forty nine (6,249) employees certified in over sixteen (1 6) different languages. 18. LADPSS also provides interpretive services to non-threshold languages by utilizing a contracted telephone interpreter service called Language Line Services. In 2003, prior to the full inception of the Resolution Agreement, the records show that the total number of calls made using Language Line Services was four hundred sixteen (416). In 2007, the records show that the total number of calls made using the Language Line Services for the April to June 2007 quarter alone was two thousand thirty nine (2,039). 19. In 2004, the LADPSS introduced a new civil rights training.course to all LADPSS stae as well as contracted service providers. This mandatory one day training focuses on civil rights laws and regulations and is administered by LADPSS Training Academy instructors. LADPSS staff, as.well as contracted service providers, are required to attend a refi-esher course of thls training on a biennial basis. 20. LADPSS also provides a Customer Service and Cultural Diversity Sensitivity training course, and trainees are given three exams to evaluate their level of learning. These exams include a Customer Service post-test and Cultural Diversity pre- and post-tests. The results of these exams are carellly evaluated to determine if the trainees understand the material presented in the training. 21. In December of 2006 the LADPSS Civil Rights Video Planning Committee was formed to develop a civil rights video, focusing on providing effective bilingual services without undue delays to LADPSS' non-english speaking/limited English proficient applicantslparticipants. 22. In June 2007, LADPSS released Administrative Memorandum #07-08, dated June 13,2007 Printing Threshold Language Notices of Action. This Administrative Memorandum reiterated the
5 Page 5 policy that all non-english speaking applicants and participants must receive written correspondence in their designated primary languages. 23. In compliance with the terms stipulated in the Resolution Agreement to ensure the provision of effective language services without undue delays, notices of action and other forms are now' accessible in all threshold languages online, via the DPSS Fonns Library which is located at the DPSS Portal. 24. In compliance with the terms stipulated in the Resolution Agreement ensuring provision of effective language services without undue delays, LADPSS developed the "Tvanslation Request Tracking System" (TRTS) database. Requestors are instructed to submit all documents for translation in electronic format and must be sent via TRTS. In 2006, LADPSS released Civil Rights Memo dated May 30,2006 to mnounce the impleinentation of the TRTS database. OCR has determined that LADPSS has completed the actions required by the Resolution Agreement and that its actions meet the requirements of Title VI and OCR's standards for resolution of the issues presented in this complaint. OCR's findings only apply to the issues in this complaint. This closure does not apply to any other issues or investigations that may be pending before OCR, other agencies within the Department, or another federal agency. This closure also does not preclude mher OCR investigations of the recipient. The recipient shall not intimidate, threaten, coerce, or discriminate again any person who has filed a complaint, testified, assisted, or participated in the investigation of the matters addressed in this closure letter. OCR shall place no restriction on the publication of the contents of this letter. OCR may be required to release this document and related materials consistent with the Freedom of Information Act, 5 U.S.C. 552, and its implementing regulation 45 CFR Part 5. Thank you for your cooperation. If LADPSS needs technical assistance in the future, you may contact Yunkyung Lee, Equal Opportunity Specialist, at Ext Michael I?. Kruley // Regional Manager cc: Ms.-Gail E~fahania;-Director Civil Rights and Customer Relations Section Los Angeles County Department of Public Social Services Ms. Alma Calvelo, Civil Rights Coordinator Los Angeles County Department of Public Social Services
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