Justice Department Issues Guidance Letter to State Courts Regarding Their Obligation to Provide Language Access

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Tuesday, August 17, 2010

Justice Department Issues Guidance Letter to State Courts Regarding Their Obligation to Provide Language Access

WASHINGTON – The Justice Department today issued a letter to chief justices and administrators of state courts clarifying the obligation of courts that receive federal financial assistance to provide oral interpretation, written translation and other language services to people who are limited English proficient (LEP). This month marks the 10th anniversary of Executive Order 13166 which requires federal agencies to ensure that recipients of federal financial assistance comply with Title VI of the Civil Rights Act of 1964 by providing meaningful access to LEP persons.

Today’s letter provides state courts guidance regarding the requirement to provide meaningful access to their programs and services for LEP persons through the provision of language services, pursuant to the prohibition against national origin discrimination contained in Title VI of the Civil Rights Act of 1964, the Omnibus Crime Control and Safe Streets Act (Safe Streets Act), and their implementing regulations. The letter includes an overview of applicable civil rights laws, Supreme Court precedent, guidance and illustrative examples of situations that would warrant the provision of language services.

The letter explains that applicable civil rights laws require courts receiving federal financial assistance to provide meaningful access to all civil, criminal or administrative hearings, at no charge to LEP individuals. It further explains that such access should be extended to LEP parties and other LEP individuals whose presence or participation is appropriate to the court proceedings; should be provided in court programs or activities outside of the courtroom; and should include language services for communication between LEP individuals and court appointed or court managed service providers.

“Justice requires that all individuals have meaningful access to the critical services provided by the nation’s state court systems, regardless of the individual’s English language skills,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “As we mark the 10th anniversary of the issuance of Executive Order 13166 this month, it is especially appropriate to remember our shared responsibility to reduce persistent language barriers in court proceedings and services that are of such importance to the daily lives of parties, victims, witnesses and the public.”

For more information about Title VI and the Safe Streets Act, or to obtain copies of the letter, visit www.lep.gov.

Victim Advocates under Protection

As I was reading through my mail this morning I came across a rather concerning email from a colleague in another state. It seems that an advocate working in the Latina community in this state has had her life threatened by organized gang members and is now under protection by the FBI. This advocate has been helping victims in the Latina community connect with law enforcement to report abuse and violence. It is reported that victims in the Latina community have not viewed law enforcement as an option for fear of retaliation and open violence from the organized group of “high level Latino gangsters.”

In light of this situation taking place I thought it valuable to share the response from Alianza Latina en contra la Agresión Sexual.  If you are having issues working with the Latina community I encourage you to contact the Indiana Latino Coalition Against Domestic and Sexual Violence or contact INCASA – we are always here to help.

The Current State of Latin@ Victim Advocacy – August 2010
• The confluence of ethnicity, race, language, class, gender, and immigration
status place countless Latinas among the most vulnerable targets of multiple
forms of violence.
• According to the Sexual Assault Among Latinas (SALAS) Study, Latina victims of
sexual assault suffer revictimization or multiple forms of abuse, yet only 3.3
percent utilize victim services.
• The economic crisis is forcing millions of Latinas to endure abusive working
conditions for a paycheck. Equal Rights Advocates, the San Francisco-based
national women’s rights advocacy organization has seen a 100% increase in
calls from complainants of sexual harassment and violence in the workplace.
• Many Latin@ victims of sexual harassment, child sexual abuse, rape, human
trafficking, and intimate partner violence are not aware of existing services or
cannot access them.
• Most rape crisis centers and domestic violence shelters do not have adequate
numbers of Spanish-speaking staff to meet the needs.
• Most rape crisis centers and domestic violence shelters do not have Spanishlanguage
victim services content on their websites.
• Many Latina victim advocates leave victim services because of burnout due to
overload and overextension with additional uncompensated interpreter and
translation duties, ongoing lack of tangible support, and/or tokenism.
• The loss of an agency’s single bilingual staff oftentimes implies starting from
scratch on multiple levels, and reestablishing critical links and confianza or trust
with Latin@ communities.
The Importance of Continuity and Confianza (trust)
Effective outreach programs that have made inroads with marginalized communities
should never be abruptly halted or discontinued. The consequences of doing so may not
only promote revictimization but also damage an agency’s reputation within the affected
population and destroy the trust that has been built. This could result in 50 steps
backward or 20 years of regression.
“Allí no quieren a las mexicanas.” (They don’t like Mexicans over there – actual
statement by a survivor.)
Perpetrators may interpret discontinued support and inaction as a license to terrorize
certain communities without consequence. Agencies may thus inadvertently find
themselves becoming colluders with the perpetrators of violence!!!
Recommendations:
New outreach efforts and programs require ongoing support from an agency as a whole
and should not become the sole responsibility of a single bilingual victim advocate.
Outreach programs should never be developed or implemented in a vacuum, but rather
respond to service area population needs.
Outreach programs are key to meeting Latin@ survivor needs and to engaging our
growing communities as active agents of change in anti-violence work. The number of
people of Latin American origin is projected to grow to one quarter of the total U.S.
population by 2050 (U.S. Census Bureau and the Pew Hispanic Research Center).
Programs and services should be planned for accordingly.
The ideas and opinions of those who develop programs and audience members should
be considered when alterations are being considered.
Efforts should be made to gather information about how similar issues and concerns
were addressed with mainstream populations before suspending services to Latino
communities.
If the community feels unprepared to deal with the threats and actions of batterers or
rapists, then that’s when we come together on behalf of the women and families living
with the violence and our community. Now more than ever the survivors must know que
no están solas!!! Backing off leads to further revictimization and poly-victimization of
those who now suffer in silence.
Threats to those providing victim advocacy services merit an urgent and swift community
wide response that includes its Community Stakeholders:
• Department of Public Safety
• Federal Bureau of Investigations
• Municipal Leadership-Mayor, Manager’s
Office & Council
• District Attorney’s Office
• District and County Court Judges
• County Probation
• Police and County Sheriffs
• State Parole
• Federal Probation
• Juvenile Probation
• Family Violence Services
• Sexual Assault Response Teams (SART)
• Survivor’s Representatives
• Batterer’s Intervention
• Child Protective Services
• Teen & Adolescent Services
• Social Services Representatives
• Promotoras or Community Health Workers
• Reproductive Rights Groups
• University or College Representatives
• Legal Aid
• Mental Health Care Services
• Substance Abuse Services
• Faith Community
• Public Housing
• Immigrant Rights Groups
• Civil Rights Groups
• Corporate Community
Community organizing is critical!
Throughout history, victim advocacy has been linked to community organizing. Actions
based on discussions that took place within Consciousness Raising groups created by
feminist activists in the late 60’s and 70’s led to the creation of the first shelters and rape
crisis centers. The victim advocates of that era did not back down but instead stood
together when they were threatened for creating shelters in private homes or for
defending the rights of survivors of rape.
Many victim advocates have invested so much time in creating the “buffer zone” for the
survivors with the stakeholders in a united front informing the collective of abusers and
sexual assault offenders that their behavior will not be tolerated and that it will have
consequences. However, many Latin@ victim advocates work in isolation without the
support of other Latin@ mentors and/or culturally sensitive supervision. Their
achievements and inroads are due to the effective community relationships and
collaborations that they are able to cultivate.
Rather than discontinue much-needed programs and services, victim advocates and the
survivors they serve need to be able to rely on both agency and community support.
“I was threatened with harm for the nine years I worked with Latina SA survivors in
Oregon, as were other Latinas in other community programs working with nuestras
familias… When we banded together and accompanied each other we found it beneficial
for both our programs and our outreach advocacy which provided a wrap-around service
(addressing more than one issue) for the Latina survivor.”
–Clara Galvan-Lindstrom, veteran Latina victim advocate and ALAS founding member
* * *
ALAS Website Review Shows Grave Lack of Services
Partial results of an ALAS review of web content in the 15 states with half a million or
more Hispanics, indicate a grave lack of victim services information in Spanish. In
California, Texas, and Florida, the three states with a combined total of over 26 million
Hispanics according to 2008 U.S. Census Bureau projections, only 12 of the 178 active
rape crisis centers and dual services program websites include 900 words or more in
Spanish. The majority (65%) of ALAS members polled voted on 1000 as the minimum
number of words that an agency website should include in Spanish. ALAS members are
victim advocates, Latina direct service staff, trainers, prevention specialist, and coalition
staff across the nation. This official statement includes 1,123 words.
Diverse References and the Symbol
The term “Hispanic” is used in many official government publications and by some
agencies and individuals while “Latino” is generally used by grassroots organizations
and community-based initiatives that embrace a shared Latin American or Latino
Americano heritage. Many Latin American university students and feminist groups have
adopted the use of the @ or “at” sign (that includes both an “a” and “o”) as a genderneutral
substitute for masculine and feminine gender nouns in Spanish, i.e., a Latina is a
female and a Latino is a male.
“Latin@” refers to both. Some victim rights groups in the U.S. like Arte Sana, have
incorporated this symbol when possible appropriate since 2001.
About the Authors
Arte Sana (art heals) is a national Latina-led nonprofit committed to ending sexual
violence and other forms of gender-based aggressions and engage marginalized
communities as agents of change. Founded in 2001 and based in the border state of
Texas, Arte Sana promotes awareness, healing, and empowerment through bilingual
professional training, community education, and the arts. Of the 8,975 persons who
participated in Arte Sana’s training and community education up until the first half of
August 2010, over 2,897 or 32% received the information in Spanish.
To learn more about Arte Sana visit www.arte-sana.com
ALIANZA – The National Latino Alliance for the Elimination of Domestic Violence
was established as one of three domestic violence “Cultural Institutes” to address the
particular needs and concerns of communities of color experiencing family violence.
Alianza specifically addresses the needs of Latino/a families and communities, although
its work helps to inform the domestic violence field in general. Alianza’s work has been
in four main areas: community education, policy advocacy, research, and training and
technical assistance. It has grown into a national network of Latina and Latino
advocates, practitioners, researchers, activists, and survivors of domestic violence.
To learn more about the National Latino Alliance for the Elimination of Domestic
Violence visit www.dvalianza.org


Indiana Victim Notification in Jeopardy

Dear Friends,

May 28, 2010 we were made aware that the Indiana Department of Corrections has canceled their contract with Appriss for Indiana SAVIN, Indiana Sex and Violent Offender Registry, and Alert Notification Services (VINE) effective June 30, 2010. According to the DOC they have been working with Information Strategies, a systems development company, to create the software necessary to move the VINE program in house. On July 1, 2010 the DOC will start notifying victims through the new software and DOC staff. It has been communicated by Brent Myers, Director of Registration and Victim Services for the DOC that the data transfer from Appriss on June 30 to DOC will be seamless as the DOC begins providing victim notification July 1.

We are sharing the following because we are very concerned about the process used to develop the new software and the transition from Appriss to DOC. It concerns us that at a stakeholders meeting hosted last week by DOC the following information was shared:

• According to the DOC and Information Strategies, they have been working on this project for 18 months and stated that they had included all stakeholders in the process; however, there was no victim services representation during any of the planning process. Since victim notification is a crucial component and VINE is for victims it seems critical that victim service providers would have been included in this process, but we were not informed or consulted during the 18 month process.

• DOC has not yet identified the phone number for victims to call and register. Additionally, no materials have been printed for law enforcement to distribute to victims with the new registration information or process, and law enforcement have not been notified of the change in the registration process and have received no training.

• It is the intention of the DOC to use three (3) existing staff to complete notifications Monday thru Friday 8:00 a.m. to 5:00 p.m. and then rely on DOC control staff to conduct notification after hours and weekends. Currently DOC has indicated they are hiring additional staff; this decision may still result in inadequately trained staff by the time the call center goes into effect.

• There is not a clear and well defined training plan for DOC program personnel and no promise that it will transpire prior to July 1. In addition, little consideration has been given to how notification is going to be provided to Limited English Proficiency (LEP) individuals.

• The DOC states that they contracted with Information Strategy to save the state of Indiana approximately $500,000 annually; however, they never provided Appriss a true opportunity to reduce their costs. Since Appriss became aware of the cancellation of the contract due to funding, they proposed a revised agreement to the DOC which would virtual match that of Information Strategy, provide free enhancements and not create additional work that is necessary under the new contract to link all local jails.

• The system data transfer and new system have not been tested. This is concerning not only for the victim information that has already been transferred from Appriss and are ready for the notification system but additionally for the 11,000 victims who will not transfer and will need to be manually updated in the new system. The victims requiring manual updates will not be ready in the event notification is needed July 1st.

We share our concerns with you because you are working with victims who depend on the VINE program for their safety. It is our belief that the DOC is not adequately prepared, trained and or ready to transition victim notification on July 1. There are additional concerns from the Sheriff’s Department that many of the departments will not be online to handle the notification system. Based on all of this information please join us by contacting Commissioner Edwin Buss, Director Brent Myers, your legislators and Governor Daniels. Please tell them that we/you are concerned about the safety of women, children and men who have more than money at stake in this important project. If you need information on accessing your legislator use the following link:

http://www.in.gov/legislative/legislators

Eric Holcomb: Governor’s office at 317-234-4447 oreholcomb@gov.IN.gov
Commissioner Edwin Buss: EGBuss@Idoc.IN.gov
Director Brent Myers: BMyers@idoc.IN.gov

Sincerely,
Laura Berry, Executive Director, ICADV
Anita Carpenter, Executive Director, INCASA
Julie Marsh, Chief Executive Officer, Domestic Violence Network

Indiana’s Victim Notification Program – We should be concerned!

On June 15th   INCASA, ICADV, and DVN released a notice to service providers that the SAVIN and Alert Notification System will be changing effective June 30, 2010.  The release is posted below.  A meeting was held by the Department of Corrections regarding the changes forthcoming.  The DOC is presenting information as if everything is on track with a seamless transition, no problems and certainly no gaps.  There are still some definite concerns and some unanswered questions.   We will have more to follow on this but we need to be on alert and paying attention.  This change is happening at the state level and it is going to have a very real impact on local jails and local programs who are the one’s working with those individuals who depend on this notification system as an element of a safety plan.   Be on alert!

June 15, 2010

Victim Service Providers-

The Indiana Coalition Against Domestic Violence (ICADV), Indiana Coalition Against Sexual Assault (INCASA), and Domestic Violence Network (DVN), have recently learned that the Department of Corrections (DOC) has cancelled services with Appriss for Indiana SAVIN, Indiana Sex and Violent Offender Registry, and Alert Notification Services effective June 30, 2010.   According to Brent Myers, Director, Registration and Victim Services for the DOC, all victim notification services will be brought in-house effective July 1, 2010, and the transition from Appriss Alert Notification Services should be seamless.

ICADV and INCASA have been in communication with the DOC, ICJI, and many others regarding this transition and we will be able to provide you more details and information after our stakeholders meeting on Thursday, June 17.  In the meantime, we felt it was imperative for victim service agencies to know about this transition and to help your victims prepare for the change in the notification system.

If you have questions, please do not hesitate to contact us; however, we will be providing a greater level of detail and information by the first of the week.

Thank you,

Laura Berry                                     Anita Carpenter                  Julie Marsh

Executive Director                          CEO                                       CEO

ICADV                                              INCASA                                DVN

More Indiana youth attempted suicide, were victims of teen dating violence or were bullied in school compared with youth in other states.

The Indiana Youth Risk Behavior Survey (YRBS) is part of a nationwide surveying effort led by the Centers for Disease Control and Prevention (CDC) to monitor students’ health risks and behaviors in six categories. The YRBS is conducted every two years among a representative group of Indiana students in grades 9–12. Below is an overview of this topic’s key findings. RBS is conducted every two years among a representative group of Indiana students in grades 9–12. Below is an overview of this topic’s key findings.

WHY IS THIS IMPORTANT? Unintentional injury and violence are the leading causes of death for people aged 1–44 years. Regardless of gender, race, or economic status, homicide is the second and suicide is the third leading cause of death for Americans aged 15–24 years. Additionally, deaths due to unintentional injury and violence are only part of the picture, as thousands of American high school students are injured each year and survive.

KEY POINTS

Compared to 2003–2007, Indiana high school students in 2009

• Were less likely to have ridden in a car driven by someone who had been drinking alcohol, bettering the national goal of 30% (Figure)

• Improved their use of seat belts when in a car driven by someone else

• Continued to not wear their bicycle helmets often enough when riding bicycles

• Were as likely to have been threatened with a weapon at school, although the percentage decreased by 32% compared to 2007

• Continued to report high rates of prolonged feelings of sadness or hopelessness

• Were more likely to have attempted suicide resulting in an injury, poisoning, or overdose that had to be treated by a doctor or nurse

For more information on the Youth Risk Behavior Survey

visit http://www.in.gov/isdh/20627.htm

News Release on Rape Kit DNA Backlog

 
Laying Down the Law. Should her Emmy Award-winning run on “Law and Order: Special Victims Unit” ever end, actress Mariska Hargitay might just have a future on Capitol Hill.
HOH caught up with the actress just before she appeared at a Wednesday evening forum at the Library of Congress looking at how shows such as “SVU” can play a role in educating the public about health issues. Hargitay had spent her day on Capitol Hill lobbying as a representative of the Joyful Heart Foundation, a group that she founded in 2004 to help empower victims of sexual assault.
The actress asked Members to hold a hearing on the backlog of untested rape kits — and she said she got a promise from Rep. Bobby Scott (D-Va.), the chairman of the Judiciary Subcommittee on Crime, Terrorism and Homeland Security, to do just that.
“It was a very exciting day,” Hargitay said. “We seem to have gotten our point across.”
Hargitay noted that she probably wasn’t the only reason for the successful outcome; several other groups have been lobbying for a hearing for awhile. But she said her day on Capitol Hill went “spectacularly well,” adding that she met with several other Members, including Sen. Al Franken (D-Minn.) — “sort of a thrill on several levels,” she said.
Hargitay appeared alongside “SVU” executive producer Neal Baer at the forum, sponsored by the University of Southern California Annenberg School for Communication and Journalism’s Hollywood, Health and Society program. The actress recalled that she didn’t really even understand problems such as sexual assault and domestic violence until she started receiving letters from viewers sharing their own tragic abuse stories.
“I remember the breath sort of leaving my body as the first letter came,” she said. “And [they’ve] been coming in the thousands ever since.”
 
 
Jill J. Morris

Director of Communications

Pennsylvania Coalition Against Rape

40 Hour Advocacy Training

The Indiana Coalition Against Sexual Assault in partnership with the Indiana Criminal Justice Institute is offering the 40 hour basics advocacy training in June 2010.  This year’s training will be in Indianapolis at the ESCS Wayne Township Volunteer Fire Department Training Facility.  The training is a preparatory step for advocates seeking to complete the sexual assault victim advocate certification program when it becomes available.  Space fills up quickly on this free training every year so please register early.

INCASA_40_Hour_Advocacy_Standards_Training 

National Organization Recognizes Outstanding Contributions During Sexual Assault Awareness Month

The National Sexual Violence Resource Center (NSVRC) is pleased to announce the recipients of the 2010 Visionary Voice Award. This award, offered in conjunction with Sexual Assault Awareness Month each April, recognizes the creativity and hard work of individuals around the country who have demonstrated outstanding advocacy and community work to end or prevent sexual violence.

The ten recipients, nominated by their state, territory or tribal sexual assault coalition, represent a wide variety of individuals doing this critical work at the local level. The 2010 award winners are:

  • Rep. Dawn Creekmore, Arkansas
  • Dr. Ellen P. Bez, Guam
  • Abigail Kelly-Smith, Indiana
  • Jennifer Wylie, New Hampshire
  • Rep. Dan Stewart, Ohio
  • Margaret Guz, Pennsylvania
  • Tracy Blackburn, Tennessee
  • Rep. Ellen Cohen, Texas
  • Sharon Pressman, West Virginia
  • Kittie Smith, Wisconsin

For more information about the winners, please visit www.nsvrc.org/saam/award. The NSVRC provides resources and information on sexual violence to rape crisis centers, state, territory and tribal coalitions, allied organizations, agencies, educators, media and the general public. Phone toll free: 1-877-739-3895 or visit www.nsvrc.org.

Bystander Intervention At Work

There is joy in Mudville folks because bystander intervention is alive and well on the elementary school playground.  I am a proud mother of a ten year old social activist who is engaging in bystander intervention.  My son came home on Monday to tell me that the boys in his class were playing a game of tag on the playground and they were calling the game “rapist.”  Game goes as follows – run up to someone, tag them, and say “I raped you.”  New rapist is it! 

So the great ten year old activist proceeds to tell the boys that the name of the game is inappropriate and that they need to change the name because it’s bad.  The boys respond to him with disdain saying they were going to keep on playing the game and not changing the name.  The activist says it’s not appropriate and goes off to play somewhere else on the playground!  End of Day 1 advocacy.  Day 2 on the playground is a repeat of the boys playing this game of “rapist” to which the 10 year old activist again confronts and tells them they need to change the name of the game because it is inappropriate and adds that they probably don’t understand what a rapist is but that he does and it’s bad.  Boys respond saying that they are going to play anyway.  This time the activist goes to the teacher on duty and tells her what game is being played and what it is called.  Teacher says they probably should just call it tag and tells the boy to go tell his own teacher. 

Now while there was no joy in Mudville when the teacher failed to take action we can be assured that the story isn’t over.  When the news reaches home about the events on the playground, Mom steps in and asks if it is okay to send an email to the teacher and principal.  The response to the email was quick and strong with both indicating that they would take care of this and that they agreed that this was inappropriate and needed to be addressed right away. 

So I’ll be anxious to hear how the situation was resolved with the boys on the playground and if they got the message.  Until then I am the proud mother of a ten year old social activist!  Now there’s a bumper sticker for you. 

Anita Carpenter, INCASA CEO

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