Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 111 - RECIPIENT RIGHTS › Section 111.25 - Services to individuals in Department facilities who are non-English or limited-English speaking

Current through Register Vol. 48, No. 28, July 12, 2024
All individuals in Department facilities shall be provided with
				adequate and humane care and services pursuant to an individualized service
				(treatment or habilitation) plan in accordance with Sections 2-102(a), 3-209
				and 4-309 of the Code [405 ILCS 5/2-102(a),
				3 -209 and 4-309]. In accordance with
				Sections 2-102(a), 3-204, 3-205 and 4-305 of the Code [405 ILCS
				5/2-102(a), 3 -204, 3-205 and 4-305]
				no individual shall, on the basis of an inability to communicate in the English
				language, be denied the benefits of, or be subjected to discrimination by, a
				Department facility.
a) Definitions
For the purposes of this Section, the following terms are
				described:
"Code." The Mental Health and Developmental Disabilities Code
				[405 ILCS 5 ].
"Department." The Department of Human Services.
"Individual." A recipient of mental health or developmental
				disabilities services, as defined by Sections 1-111 and 1-128 of the Code [405
				ILCS 5/1-111 and 1 -128].
"Interpreter." A person fluent in English and in the native
				language of the recipient who can accurately speak, read, and readily interpret
				the necessary second language. This interpreter shall be approved by the
				Department's Statewide Coordinator of Services for People who are Non-English
				or Limited-English Speakers.
"Limited-English speaker." A person whose English vocabulary
				consists of 100 to 400 words. Such a person has usually mastered most
				expressions necessary to function marginally in an English speaking
				environment. However, words used to express feelings and other emotionally
				charged material are lacking.
"Non-English speaker." A person who has no command or
				understanding of the English language.
"Qualified staff." Mental health or developmental disability
				professionals, e.g., psychiatrists, psychologists, social workers, psychiatric
				nurses, and other mental health or developmental disability paraprofessionals
				who meet the definition of interpreters, as defined in this subsection
				(a).
b) Service provision
1) Prior to admission or during the admission
			 process, intake staff shall determine whether a person presenting for admission
			 is a non-English or limited-English speaker and, if so, the person's native
			 language. Intake staff shall document interpreter services required on the
			 intake and treatment summaries. The provision of the interpreter services shall
			 be defined as a part of active treatment.
2) Interpreter services in the individual's
			 native language shall be available in accordance with Sections 3-204, 3-205,
			 and 4-205 of the Code [405 ILCS 5/3-204, 3 -205, and 4-205] for the treatment
			 or habilitation staff to provide services to non-English or limited-English
			 speaking individuals. Staff shall document in the individual's clinical record
			 that an interpreter was used to provide information.
3) Each facility shall maintain a list of
			 interpreters employed by or under contract to the facility and what language(s)
			 they speak. In addition, each facility shall maintain a list of community
			 interpreter resources. The facility director shall be responsible for
			 distributing the list to the appropriate staff and updating it at least
			 annually.
4) Facilities shall
			 provide interpreters during admission, when denying admission, during intake,
			 or specifically during all assessments or evaluations while the individual is
			 being interviewed or tested by a psychologist, psychiatrist or physician.
			 Additionally, interpreters are to be used during therapy, when care and
			 treatment information is being conveyed, when information is being conveyed
			 regarding the individual's discharge, transfer, objection to discharge or
			 transfer, or the individual's rights, when the individual is being examined for
			 involuntary admission or certification at the request of the individual's
			 family or guardian, or whenever necessary to provide effective treatment or
			 habilitative services to the individual.
5) Qualified staff who speak the individual's
			 native language may be used as interpreters or the facility may contract for
			 the services of interpreters. The facility shall pay for the cost of the
			 interpreters. Family members of the individual shall not be used as
			 interpreters. Family members may inform the individual that an interpreter has
			 been contacted and the expected time of arrival. The family may participate in
			 the intake and treatment process with the interpreter provided by the
			 facility.