People who do not speak English

Signage/language access information

Generally, state law requires state agencies to provide signage in a language other than English if there is a need. A need is determined if a local office’s service area includes 5% or more low income households who speak the same non-English language, and do not have an adult fluent in English as a second language. [See Gov’t Code § 11135; 2 Cal. Code Regs. § 14101(a)(4).]  Census Data is used to determine if a need exists. There are exceptions requiring more than 5% and situations where Census data must be supplemented. [See, generally, 7 C.F.R. § 272.4(b).]

In California, county welfare departments are required to provide translated signage for non-English-speaking language groups of a substantial number. [MPP § 21-107.212.] A “substantial number” is defined as a language group having 5% or more of ongoing cases in the county. [MPP § 21-104(s)(2).] The percentage can be calculated by dividing the total number of ongoing cases in a county for non-English-speakers of a particular language group, by the total number of ongoing cases for the county. [MPP § 21-115.13.] Should the number be 5% or greater, then the county must provide signage in that particular language. In addition, all counties must have policies and procedures to determine the language needs of applicants and recipients. See, generally, California Department of Social Services, Office of Human Rights, Civil Rights Bureau, Civil Rights Annual Plan Guidelines (2009).

County welfare departments must identify the preferred languages of applicants and recipients and document that preference in the case file.  [CDSS Language Access Plan at p.7]  CDSS requires county welfare departments to make the PUB 13 Your Rights Under California Public Benefits Programs available in waiting rooms in all languages translated by CDSS.  [Id. at pp. 6-7.]  The PUB 13 must be distributed to and explained to each applicant or recipient at intake and reinvestigation of eligibility.  [Id.]  The PUB 13 includes information about the right to a free interpreter.  Counties must also include the GEN 1365 Notice of Language Services form in communications to applicants and recipients.  [Id. at p. 6.]

Interpreters

For SNAP/CalFresh specifically, federal regulation requires state agencies to provide bilingual staff and interpreters for areas with 100 or more low income households who speak the same non-English language. An exception can be made for some areas with less than 100 such households. [7 C.F.R. § 272.4(b)(3)(ii).]  County welfare departments must provide  translation and interpreter services be provided free of change and in a timely manner using qualified and competent translators and interpreters.  [See also ACL 24-68.]  Agencies cannot rely on children to provide translation or interpreter services.  [Id. at p.4.]

California law requires the county CalFresh office to have bilingual workers for any language group of a “substantial number.” [MPP § 21-115.] For smaller language groups, the county is required to have free, competent interpreters. The county must also provide such interpreters when a bilingual worker is not available. [MPP § 21-115.15.] Put simply, counties have a basic obligation to provide bilingual staff or interpreters.

If the applicant/recipient wants to use their own interpreter instead of an interpreter from the county, they must sign the CR 6181 Interpreter Services Statement and Confidentiality Agreement form.  [ACL 24-68.]

Written translations

The county CalFresh office should have application forms, notices, and other CalFresh information available in the written languages of the community. [MPP §§ 63-202.21, 21-107.2;7 C.F.R. §§ 272.4(b)(2), (3).] Counties are required to provided state-translated materials regardless of the size of the language group in their office. [MPP § 21-115.2.]

Federal language access guidance has been repealed.  [See Executive Order, March 1, 2025, section 3(b).]

Remedies for failure to provide language access

California hearing regulations provide extended time to request a hearing if the county failed to use language-compliant notices. When notices are sent in English to someone who designated himself as a non-English speaker, even though the state has an appropriately translated notice available, the time to request a state hearing does not begin to run.  [MPP § 22-009.1.] It could also be notices sent in English because the state lacked an appropriately translated notice, but the county failed to provide an interpreter, even though one was requested in a timely manner. [MPP §§ 22-001(l)(1)(b), 22-009.11.] California law also extends the time to request a hearing to 180 days after the date of the notice of action (or as required by equity) for “good cause.”” [Welf. & Inst. Code § 10951.]

Applicants and recipients can make various due process and other fairness arguments against a CalFresh office for its failures to provide meaningful help with translation. Offices must provide appropriately translated program rules and requirements. The program rules and requirements can be written, or explained by an interpreter. In addition, applicants and recipients can file a civil rights complaint “within 180 days of the actual discrimination.” If the level of one’s benefits and services were affected by a lack of proper language access, the person must ask for a hearing within 90 days. [Id.]