Or. Admin. R. 137-055-1800 - Limited English Proficiency

Current through Register Vol. 61, No. 4, April 1, 2022

For the purposes of providing child support services required by ORS 25.080 to Limited English Proficiency (LEP) persons, the following provisions apply:

(1)
(a) "Eligible population" means persons eligible to receive child support services pursuant to ORS 25.080.
(b) "Vital information" means information that:
(A) Affects a person's substantive rights;
(B) Notifies a person about rights or services;
(C) Tells a person what process to use to respond; or
(D) Tells a person what the findings are or what to pay.
(2) At least once each biennium, the Child Support Program (Program) will identify languages for which vital informationwill be translated without the need for a request from a party. To determine the languages, the Program will use the following criteria:
(a) The estimated size of the eligible population speaking the specific language;
(b) The number of language line calls made over the last two years for the specific language; and
(c) The cost of the written translation.
(3) If the number in subsection (2)(a) is 1,000 or 5% of the eligible population in Oregon, whichever is less, vital informationfor that language will be translated without the need for a request from a party.
(4) If the number of language line calls in subsection (2)(b) is 500 or more, vital informationfor that language will be translated without the need for a request from a party.
(5) Notwithstanding sections (3) or (4), when an LEP person needs a translation, the Program may choose to eitherprovide a written translation of the vital informationor facilitate the use of other translation services, including language lines or other providers, to provide an oral translation of the vital information.
(6) When an LEP person needs to verbally communicate with the Program, the Program may facilitate the use of Program certified bilingual or multilingual staff, a language line, or other interpretation providers, as appropriate.

Notes

Or. Admin. R. 137-055-1800
DOJ 8-2007, f. 9-28-07, cert. ef. 10-1-07; DOJ 13-2011, f. 12-30-11, cert. ef. 1-3-12; DOJ 7-2018, amend filed 05/30/2018, effective 6/1/2018

Statutory/Other Authority: 28 CFR 42.405 & ORS 180.345

Statutes/Other Implemented: ORS 25.080

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