As a state agency, DHS is covered by Title II of the Americans with Disabilities Act, which requires effective communication with people who have communication disabilities. The ADA lists auxiliary aids and services such as qualified sign language, oral, cued-speech and tactile interpreters, real-time captioning, written materials and video phones. State and local governments must give primary consideration to the aid or service the person asks for. They may use a different option only if it would be equally effective, or if the request would cause an undue burden or fundamentally alter the program, and those determinations belong to the responsible officials, including the ADA coordinator. People are not charged for these aids.
The ADA defines a qualified interpreter as one who can interpret effectively, accurately and impartially, both receptively and expressively, using any necessary specialized vocabulary. Knowing some sign language is not enough. Agencies may not require people to bring their own interpreter. Minor children should not interpret, except in narrow emergency situations. An adult companion may interpret only when the person asks, the companion agrees, and it is appropriate, which rules out many situations involving privacy, conflict or complex decisions. If video remote interpreting is used, it must meet quality standards, including clear, real-time, full-motion video and staff trained to set it up.
Sometimes the best team includes a Deaf interpreter. The Minnesota Commission of the Deaf, DeafBlind and Hard of Hearing explains that Deaf interpreters are fluent in ASL and English and bring native sign choices, facial expression and cultural knowledge. They often team with hearing interpreters. They can be especially helpful for Deaf people with limited language, people who use a different sign language, DeafBlind people who use tactile signing, and high-stakes settings. Certified Deaf Interpreters hold national certification; Minnesota has only a small number, so plan early.
A good interpreter request covers the basics: the person's preferred method, the setting and topic, how long the meeting will run, whether team interpreting or a Deaf interpreter is needed, and any materials the interpreter should review. During the meeting, speak directly to the Deaf person, not to the interpreter, and allow time for interpretation. If you are unsure what the law requires, or a request seems difficult to meet, contact your ADA coordinator rather than deciding on your own.
