a) Determining Appropriateness of Services
Department intake staff shall determine the appropriateness of Department services for Illinois families with children under the age of 18. Rules and procedures 303 and 304 (Access to and Eligibility for Day Care Services and Access to and Eligibility for Child Welfare Services) shall be used to establish eligibility for services. Refer to Administrative Procedure #5, Child Welfare Case Record Organization and Uniform Recording Requirements, concerning forms required for computer data entry, the CFS 1441, Child Endangerment Risk Assessment Protocol and narrative recording.
b) Immediate Service Provision
Department staff shall immediately secure services, through direct provision or through preexisting contracts, when intake staff have determined that:
· a child has been abandoned; or
· evidence or circumstances (via the CFS 1441) suggest that the child's safety may be in jeopardy; or
· a child is in imminent danger of physical harm; or
· the parent(s) of a child who is totally unsupervised and unable to care for himself/herself cannot be readily located; or
· the child is a runaway from another state as described in rules and procedures 329 (Return of Runaway Children).
c) Accessibility of Services to All Persons
It is the policy of the Department of Children and Family Services to provide services to all persons without regard to race, color, national origin, sex, religion, ancestry, inability to speak or comprehend the English language, handicaps or age. Such services shall be provided in compliance with Titles VI and VII of the Civil Rights Act of 1973 (29 U.S.C. 793 and 794); the U.S. Constitution; the 1970 Illinois Constitution; and applicable state and federal laws, regulations or court orders which prohibit discrimination in the delivery of services. There is no distinction in eligibility for or in the availability or manner of providing services.
All persons and organizations having occasion either to refer persons for services or to recommend DCFS services are advised to do so without regard to the person's race, color, national origin, sex, religion, ancestry, inability to speak or comprehend the English language, disability or age. Additionally, children or their families shall not be denied services under this part solely on the basis that a parent is admitted to an Illinois mental health facility, detained in an Illinois jail, or committed to the Illinois Department of Corrections. Refer to 89 Ill. Adm. 307, "Indian Child Welfare Services" which defines the special rights of American Indians.
1) Limited/Non-English Speaking Persons
The Department shall provide for communication with limited/non-English speaking persons, including current and prospective clients and family members, to ensure them an equal opportunity to benefit from services. The Department will ensure that information about available services are communicated to limited/non-English speaking persons in a language which they understand and that services are provided to limited non-English speaking persons in their primary language.
Responsibility upon Initial Contact
Department staff who are responsible for the initial contact with the client will ensure that all adults select a language of preference and that a determination is made as to the primary language used by the client. When the determination of the client's primary language is made, a notice shall be given to the client informing the client of the right to an interpreter at no cost to the client.
The client's status as a limited/non-English speaking person shall be prominently displayed on the client's case file. This shall be done by attaching a round yellow sticker to the outside of the case file next to the case name. This alerts the worker using the file that the client has a special communication need. The worker shall then check the case record to find out what the client's preferred method of communication is.
Whenever a foreign language interpreter is needed the Department shall locate one. Reasonable attempts shall include but are not limited to contacting local churches, social service agencies, court interpreter services, foreign consulates, universities, translator services, neighborhood associations or associations representing the nationality of the client.
Emergency telephone interpretation services can be obtained through the AT&T Language Line Services available to all staff. If staff need assistance in accessing the service, they shall contact their Regional Communication Liaison. Payment for a foreign language interpreter shall be made in accordance with Procedures 359
Use of Interpreters
Family members or friends of the adult or minor limited/non-English speaking person may not be used as interpreters in situations involving alleged abuse, neglect, dependency, and hearings and appeals. In other situations, after being informed in writing that the Department will provide an interpreter at no cost to the client, adult limited/non-English speaking clients may request that a family member or friend be used as an interpreter for themselves. Such a request shall be documented in the case file. However, parents may not provide such consents for their children. These restrictions are to ensure confidentiality of information and accurate communication. Interpreters are to serve only as facilitators of communication and are not otherwise involved in the clients' business. Interpreters should never be expected to act as social workers, psychologists or counselors.
Resources
Each region shall develop contracts or working agreements with foreign language interpreter services or individual interpreters to ensure that each field office has access to interpreters when needed. Potential resources for foreign language interpreters include those resources listed above. Each region shall compile a list of providers who provide services to persons who speak foreign languages and make the list available to direct service staff. These services include but are not limited to interpreter services, counseling, advocacy, foster care and adoption, homemaker, case management, residential and psychological services. The Department will develop and provide needed services not available in the community from public and private agencies. Due to the special terms of the court ordered Burgos Consent Decree, the following procedures regarding persons of Hispanic origin are to be followed in the Aurora and Cook Regions.
2) Spanish Language Determination (Burgos Consent Decree)
In the Aurora and Cook Regions, whenever persons of Hispanic origin request or are referred for child welfare services, the parent(s)/child(ren) must be seen in-person by a bilingual worker in order to determine their service needs and primary language. Hispanic is defined as any persons of Puerto Rican, Mexican, Central or South American, or other Hispanic origin. The bilingual staff will inform the Spanish speaking parent(s)/ child(ren) of his/her right to receive services in Spanish or English and that services in Spanish are available to them.
Communications Must Be in Spanish
All individual or general written communication (business letters, brochures, pamphlets, form letters, notices) to Spanish-speaking clients by DCFS workers or vendors must be in Spanish.
Refer to yellow page procedures 301.60(g) for placement services to Spanish-speaking families.
3) Services to Persons Who Are Hearing Impaired
The Department shall provide services to facilitate communication with persons who are deaf/hearing impaired. The appropriate Department staff person or purchase of service provider shall assist and support the family in securing the services listed below and in accessing services through public and private agencies such as the Departments of Rehabilitation Services and Public Aid, the Division of Services for Crippled Children, the State Board of Education, etc. These services shall include, but are not limited to, the provision of interpreters, telecommunication devices for the deaf (TDDs, which can be acquired through no cost distribution centers), utilization of the Illinois Relay Center, hearing aids, amplifiers, flash cards, etc.
Understanding the Disability
The primary disability of hearing impaired persons is a greatly reduced ability to communicate with most hearing persons. Staff should exercise sensitivity when interacting with persons with hearing impairments. The invisibility of deafness/hearing impairment often makes it difficult for others to understand and a hearing impaired person's actions can be misinterpreted. Furthermore, there is a misconception that deaf people can overcome the communication barrier through lip reading and use of hearing aids. The person's degree of hearing loss and the method they use to overcome it will dictate the method used.
Responsibility Upon Initial Contact
Department staff who are responsible for initial contact with the client will ensure that persons with hearing impairments are identified and the mode of communication which they use is documented. A notice shall be given to the hearing impaired client informing the client of the right to an interpreter or other auxiliary aids at no cost to the client. In many instances, at the initial contact, Department staff will have been alerted by the referring party, agency, family member, client, etc., that the client is hearing impaired and requires the use of an interpreter to facilitate communication. Department staff will then obtain the services of a certified sign language interpreter whenever possible for the initial contact with the client or at the earliest time an interpreter can be secured. Any costs for an interpreter will be paid by the Department. (Refer to Procedures 359.)
If an interpreter is not readily available, alternative methods of communication should be utilized. No determination or final decision regarding service delivery shall be made until an interpreter has been involved. When the determination is made that the client is a hearing impaired person, this fact shall be prominently displayed on the client's case file. This shall be done by attaching a yellow sticker to the outside of the case file which alerts the worker using the file that the client has a special communication need. The worker shall then check the case record to find out what the client's preferred method of communication need is.
Use of Sign Language Interpreters
Family members or friends of the adult or minor hearing impaired person may not be used as interpreters in cases involving alleged abuse, neglect, dependency, and hearings and appeals. These restrictions are to ensure confidentiality of information and accurate communication. In other situations, after being informed in writing that the Department will provide an interpreter at no cost to the client, adult hearing impaired clients may request that a family member or friend be used as an interpreter for themselves. Such a request shall be documented in the case file. However, parents may not provide such consents for their children. Sign language interpreters are to serve only as facilitators of communication and are not otherwise involved in the client's business. Interpreters should never be expected to act as social workers, psychologists or counselors. All interpreters are bound by the Registry for Interpreters for the Deaf Code of Ethics and all applicable state laws to keep all information strictly confidential.
Resources
Each region shall develop contracts or working agreements with sign language interpreter services or individual interpreters to ensure that each field office has access to interpreters when needed. Assistance in identifying resources for interpreter services is available from the Department of Rehabilitation Services, Division of Services for the Hearing Impaired. If an interpreter is not available other resources shall be contacted. Other resources include churches, schools, universities, social service agencies and local Centers for Independent Living. See Appendix L for a statewide listing of Centers for Independent Living.
Each region shall compile a list of providers who provide services to persons who are hearing impaired and make the list available to direct service staff. These services include but are not limited to interpreter services, counseling, advocacy, foster care and adoption, homemaker, case management, residential and psychological services. The Department will develop and provide needed services not available in the community from public and private agencies.
Technical assistance can be obtained from the Department's Statewide 504 Coordinator in the Office of Affirmative Action, the Illinois Department of Rehabilitation Services or local Centers For Independent Living. Each region shall identify one staff member to act as a liaison for the hearing impaired and to work directly with the 504 Coordinator in identifying and locating services for clients and their families.
4) Discrimination Complaints
If any individual seeking or receiving Department services has reason to believe that they have been discriminated against because of race, color, national origin, sex, religion, ancestry, inability to speak or comprehend the English language, disabilities or age, they shall be directed to file a complaint with the Department's Office of Affirmative Action:
Department of Children and Family Services
Office of Affirmative Action
State of Illinois Center
100 West Randolph
Chicago, Illinois 60601
(312) 814-4692
A complaint can be initiated verbally or in writing, but must be filed within 180 days of the alleged discriminatory act. The individual will be asked to complete the complaint form, CFS 766, Discrimination Complaint Form, which is to be sent to one of the above addresses. Staff will assist individuals in obtaining and/or completing the form, if assistance is requested.
The Office of Affirmative Action will conduct an internal investigation and make a recommendation within 30 working days to appropriate management personnel regarding whether there is substantial evidence to support the charge. If there is substantial evidence finding, conciliation will be recommended. If there is a lack of substantial evidence finding, conciliation will not be recommended. The complainant will be notified of the results of the investigation, and if the complainant is not satisfied, the complaint can be filed with an outside agency such as:
Illinois Department of Human Rights
State of Illinois Center
100 West Randolph, Suite 10-100
Chicago, Illinois 60601
(312) 917-6200
Illinois Department of Human Rights
222 S. College - Room 101A
Springfield, Illinois 62702
(217) 785-5100
Office for Civil Rights
233 N. Michigan Ave - Suite 240
Chicago, IL 60601
(312) 886-2359
5) Worker-Client Contact
Whenever a family or child case has been opened, face-to-face contacts and effective communication shall occur between the worker (DCFS or purchase of service, as appropriate) and the client at the frequency specified in Procedures 315.110, Worker Intervention and Contacts. Contacts are to be recorded on Form CFS 492, Case Entry (refer to AP#5).
To meet the contact requirement with hearing impaired clients or limited non-English speaking clients, the worker must be able to facilitate communication using the client's primary mode of communication; e.g., fluency in the client's language or the use of foreign or sign language, e.g., braille or taped communications for persons with visual impairments, etc.
6) Use of Written Communications
When using forms or written communications with persons with disabilities or limited non-English communication skills, reasonable efforts will be made to assist them in understanding the written communication. In some instances it may be necessary to supplement the written material. For example, for a person who is unable to read or who cannot read English, the form or other written material would need to be read or translated for the person. Letters, forms, or other printed materials to persons who have visual impairments may have to be typed in Braille, tape recorded or read to the person.
POLICY GUIDE
Rule and Procedure Table of Contents