5-602 - Communicating With Deaf or Hard of Hearing Individuals

The purpose of the policy is to establish the importance of following appropriate protocol for deaf or hard of hearing individuals, including guidelines regarding communication in the absence of an interpreter.

Interpreters

It is the policy of the Minneapolis Police Department that American Sign Language interpreters will be provided to deaf or hard of hearing individuals who request them. Upon becoming aware that a person may be deaf or hard of hearing, MPD members must inform the person that sign language interpreters are available at no cost and that it may take up to an hour for an interpreter to arrive. Members should also ask the deaf or hard of hearing person what kind of interpreter or auxiliary aid he/she needs to communicate.

If a deaf or hard of hearing person suggests a mode of communication, MPD members should try to accommodate the suggestion. Members shall not require the deaf or hard of hearing person’s friend or family member to interpret on his/her behalf.

If it is determined that an interpreter is needed, members shall refer to the LEP Guide located on MPD Net under Manuals and Guides for specific contracted City vendors to request the interpreter service. If no immediate police action is required, members may offer to schedule an interview or appointment to include an interpreter, for a later mutually agreeable date and time.

Before an interpreter arrives, members should not take a suspect’s statement, give Miranda warnings, or have any other conversation which may be used in a court of law. During extreme or emergency circumstances, an interpreter will be offered after the emergency ends.

Members assigned to 911 response cars have the discretion to determine whether to stay with the deaf or hard of hearing person while waiting for an interpreter to arrive. If there is no immediate threat of danger and the person has requested an interpreter, members should direct them to go the nearest precinct where the interview will take place upon arrival of the interpreter. Members shall return to the precinct when the deaf or hard of hearing person and the interpreter are present.

Reporting

Upon encountering a deaf or hard of hearing person, members should note the person’s deafness in the CAPRS report. Any actions taken to accommodate suggestions made in order to facilitate communication should also be noted. If an interpreter was requested, the CAPRS report should include the time the interpreter was requested and the time the interpreter began interpreting. In addition, issues or problems that arise as a result of attempts to provide a qualified interpreter should be documented in the CAPRS report, if applicable, and the LEP Coordinator shall be notified via phone (673-2338), memo, or email.

MPD members should direct questions and concerns regarding communication with deaf or hard of hearing individuals to the LEP Coordinator.

Communication Guidelines

In general, when communicating with deaf or hard of hearing individuals in the absence of an interpreter, members should be aware of the following:

• Face the person; get his/her attention. Face the light.
• Communicate with the deaf or hard of hearing person directly; maintain eye contact.
• Use gestures and facial expressions. Do not restrict the use of both arms (unless necessary for member safety).
• Offer the person a pencil and paper, or if available, use a computer.
• Written communications may require more effort to understand. American Sign Language is a language with different sentence structure and word usage than the English language.

• LEP Coordinator: The LEP Coordinator is an MPD employee who is responsible for coordinating all aspects of the LEP plan for the MPD to ensure meaningful access is available to LEP individuals and, to provide training and direction to MPD employees about when and how to access LEP services for an LEP individual.
• LEP Guide: The LEP Guide is a document for internal use only, that lists contracted City vendors who provide interpretation and translation services to the MPD. This document contains access codes and information that employees will need to give vendors for billing and can be found on MPD Net under "Manuals and Guides" or "Frequently Used".
• Limited English Proficiency: Designates individuals whose primary language is not English and who have a limited ability to read, write, speak, or understand English. LEP individuals may be competent in certain types of communication (e.g. speaking or understanding), but still be LEP for other purposes (e.g. reading or writing). Similarly, LEP designations are context specific. An individual may possess sufficient English language skills to function in one setting, but may find these skills are insufficient in other situations.