AB 322: Public social services for deaf persons.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-05-26
Existing law requires public social services for the deaf and hard of hearing to be available in at least 3 regions throughout the state. Existing law provides that public social services for the deaf and hard of hearing includes, but is not limited to, complete communication services through interpreter services by a professional interpreter for the deaf, as specified, and counseling. Existing law requires the State Department of Social Services, with the advice of persons knowledgeable about the provision of public social services to deaf and hard-of-hearing persons, to establish the criteria for funding public social services for the deaf and hard of hearing.
This bill, commencing with the 201718 fiscal year and each fiscal year thereafter, would continuously appropriate, without regard to fiscal year, $8,200,000 from the General Fund to the department for the purpose of providing deaf access program services, as specified. The bill would require that $3,000,000 of that amount be used upon appropriation by the Legislature, would require the department to provide deaf access program services to deaf and hard-of-hearing individuals who reside in a linguistically isolated household, as defined.
Existing law requires public social services for the deaf and hard of hearing to be available in at least 3 regions throughout the state. Existing law provides that public social services for the deaf and hard of hearing includes, but is not limited to, complete communication services through interpreter services by a professional interpreter for the deaf, as specified, and counseling. Existing law requires the State Department of Social Services, with the advice of persons knowledgeable about the provision of public social services to deaf and hard-of-hearing persons, to establish the criteria for funding public social services for the deaf and hard of hearing.
This bill would make technical, nonsubstantive changes to those provisions.This bill, commencing with the 201718 fiscal year and each fiscal year thereafter, would continuously appropriate, without regard to fiscal year, $8,200,000 from the General Fund to the department for the purpose of providing deaf access program services, as specified. The bill would require that $3,000,000 of that amount be used to provide deaf access program services to deaf and hard-of-hearing individuals who reside in a linguistically isolated household, as defined.
Existing law requires public social services for the deaf and hard of hearing to be available in at least 3 regions throughout the state. Existing law provides that public social services for the deaf and hard of hearing includes, but is not limited to, complete communication services through interpreter services by a professional interpreter for the deaf, as specified, and counseling.
This bill would make technical, nonsubstantive changes to those provisions.
(a)Upon appropriation by the Legislature, the department shall provide deaf access program services, as described in Section 10621, to deaf and hard-of-hearing individuals who reside in a linguistically isolated household, in their primary language.
(b)For purposes of this section, the following definitions apply:
(1)Adult means an individual 14 years of age or older.
(2)Linguistically isolated household means a household in which all adults speak a language other than English and none speak English very well.
SECTION 1.(a)(1)Commencing with the 201718 fiscal year and each fiscal year thereafter, eight million two hundred thousand dollars ($8,200,000) shall hereby be continuously appropriated, without regard to fiscal year, from the General Fund to the State Department of Social Services for the Deaf Access Program for the purpose of providing deaf access program services, as described in Section 10621 of the Welfare and Institutions Code.(2)Three million dollars ($3,000,000) of the appropriation pursuant to paragraph (1) shall be used to provide deaf access program services, as described in Section 10621 of the Welfare and Institutions Code, to deaf and hard-of-hearing individuals who reside in a linguistically isolated household, in their primary language.(b)For purposes of this section, the following definitions apply:(1)Adult means an individual 14 years of age or older.(2)Linguistically isolated household means a household in which all adults speak a language other than English and none speaks English very well.(a)(1)Commencing with the 201718 fiscal year and each fiscal year thereafter, eight million two hundred thousand dollars ($8,200,000) shall hereby be continuously appropriated, without regard to fiscal year, from the General Fund to the State Department of Social Services for the Deaf Access Program for the purpose of providing deaf access program services, as described in Section 10621 of the Welfare and Institutions Code.
(2)Three million dollars ($3,000,000) of the appropriation pursuant to paragraph (1) shall be used to provide deaf access program services, as described in Section 10621 of the Welfare and Institutions Code, to deaf and hard-of-hearing individuals who reside in a linguistically isolated household, in their primary language.
(b)For purposes of this section, the following definitions apply:
(1)Adult means an individual 14 years of age or older.
(2)Linguistically isolated household means a household in which all adults speak a language other than English and none speaks English very well.
SECTION 1.Section 10621 of the Welfare and Institutions Code is amended to read:10621.Public social services for the deaf and hard of hearing shall include, but not be limited to, all of the following services:(a)Complete communication services through interpreter services by a professional interpreter for the deaf possessing the comprehensive skills certification of the national Registry of Interpreters for the Deaf, or the equivalent, teletypewriter relay, and, when necessary, training in communication skills.(b)Advocacy to assure deaf and hard-of-hearing persons receive equal access to public and private services.(c)Job development and job placement.(d)Information and referral.(e)Counseling, including peer counseling.(f)Independent living skills instruction.(g)Community education about deafness and being hard of hearing.Public social services for the deaf and hard of hearing shall include, but not be limited to, all of the following services:
(a)Complete communication services through interpreter services by a professional interpreter for the deaf possessing the comprehensive skills certification of the National national Registry of Interpreters for the Deaf Deaf, or the equivalent, teletypewriter relay, and, when necessary, training in communication skills.
(b)Advocacy to assure deaf and hard-of-hearing persons receive equal access to public and private services.
(c)Job development and job placement.
(d)Information and referral.
(e)Counseling, including peer counseling.
(f)Independent living skills instruction.
(g)Community education about deafness and being hard of hearing.
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Date
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Status
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|---|---|
| Sep 1, 2017 | In committee: Held under submission. |
| Aug 21, 2017 | In committee: Referred to APPR. suspense file. |
| Jul 12, 2017 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (July 11). Re-referred to Com. on APPR. |
| Jun 14, 2017 | Referred to Com. on HUMAN S. |
| Jun 5, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 1, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 2065.) |
| May 30, 2017 | Read second time. Ordered to third reading. |
| May 26, 2017 | From committee: Amend, and do pass as amended. (Ayes 16. Noes 0.) (May 26). |
| May 10, 2017 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 26, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 25). Re-referred to Com. on APPR. |
| Apr 4, 2017 | In committee: Hearing postponed by committee. |
| Mar 22, 2017 | Re-referred to Com. on HUM. S. |
| Mar 21, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended. |
| Mar 20, 2017 | Referred to Com. on HUM. S. |
| Feb 8, 2017 | From printer. May be heard in committee March 10. |
| Feb 7, 2017 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 21, 2017 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
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| Jul 11, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Human Services |
Passed |
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| Jun 1, 2017 | AB 322 MULLIN Assembly Third Reading | Assembly Floor |
Passed |
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| May 26, 2017 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
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| Apr 25, 2017 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Human Services |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| 2 individuals. | ** Support | Jul 7, 2017 |
| deaf and hard of hearing service center | ** Support | Jul 7, 2017 |
| deaf counseling, advocacy & referral agency | ** Support | Jul 7, 2017 |
| NorCal Services for Deaf and Hard of Hearing | ** Support | Jul 7, 2017 |
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
AB 322 (Mullin) - Public social services for deaf persons
Version: May 26, 2017 | Policy Vote: HUMAN S. 7 - 0 |
Urgency: No | Mandate: No |
Hearing Date: August 21, 2017 | Consultant: Debra Cooper |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 322 would, household upon appropriation by the Legislature, require the California Department of Social Services (CDSS) to provide deaf access program services to deaf and hard-of-hearing individuals who reside in a linguistically isolated.
Fiscal Impact:
To cover the cost of providing deaf access services to the specified population within this program, the Legislature would need to appropriate at least $3 million annually to the Deaf Access Program (DAP). (GF)
Background:
In 1980, the Legislature created the DAP to provide deaf and hard-of-hearing individuals with the communication services that they needed to access state and local programs which they are entitled. The program receives $5.2 million annually. The Office of Deaf Access within CDSS contracts with eight private, nonprofit service providers statewide to provide services through DAP.
According to the author, about 43% of underserved deaf persons live in immigrant households where languages other than English are spoken. 29% (98,899) of those household are “linguistically isolated,” which refers to a household in which no one over the age of 14 speaks English proficiently. Services provided through DAP include communication services such as qualified sign language interpreters to assist with a client or an agency. The program can provide emergency, 24-hour sign language services to meet medical, legal, or civil emergencies. Additionally, the program helps place deaf clients into jobs, may intervene to ensure that deaf and hard-of-hearing clients can access social services, health, and safety services, and may intervene to protect deaf children’s communication rights.
CDSS estimates that 194,865 people will be served by the DAP Program in FY 2016-17 and FY 2017-18. Prior to state budget reductions in 1988, the programed served about 250,000 individuals annually.
Proposed Law:
This bill would, upon appropriation by the Legislature, require CDSS to provide deaf access program services to deaf and hard-of-hearing individuals who reside in a linguistically isolated household.
Staff Comments:
The number of individuals who are both deaf and hard-of-hearing who live in linguistically isolated households is unknown; however, the author states that an estimated 98,899 deaf and hard-of-hearing individuals live in households deemed linguistically isolated. DAP services cost about $33 per client, and assuming all individuals in this population received services, at least $3 million in additional funding would be needed. This bill initially included a $3 million appropriation specifically for services to the linguistically isolated population, but while the bill was in the Assembly Appropriations Committee, that funding was removed and made contingent upon appropriation by the Legislature. Families in linguistically isolated households are currently eligible for DAP services. This bill would codify that CDSS is required to provide DAP services to this population.
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SENATE COMMITTEE ON HUMAN SERVICES
Senator Wiener, Chair
2017 - 2018 Regular
Bill No: AB 322
Author: | Mullin | ||
Version: | May 26, 2017 | Hearing Date: | July 11, 2017 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Mareva Brown | ||
Subject: Public social services for deaf persons
SUMMARY
This bill requires the California Department of Social Services (CDSS), to provide deaf access program services to deaf and hard-of-hearing individuals who reside in a linguistically isolated household, as defined, and upon appropriation by the Legislature.
ABSTRACT
Existing law:
- Establishes a requirement to provide public social services for deaf persons and makes Legislative findings that basic governmental services are not routinely adapted to meet the communication needs of deaf and hard-of-hearing persons and, therefore, the services they receive may be less than those provided to other persons because of the overwhelming communication problems which exist between service agencies and deaf and hard-of-hearing persons. (WIC 10620, et seq.)
- Requires public social services for the deaf and hard of hearing to include, but not be limited to, counseling, independent living skills instruction, community education about deafness and being hard of hearing, as well as the following services:
- Complete communication services through interpreter services by a professional interpreter for the deaf with specified qualifications.
- Advocacy to assure deaf and hard-of-hearing persons receive equal access to public and private services.
- Job development and job placement.
- Information and referral. (WIC 10621)
- Requires public social services for the deaf and hard-of-hearing to be available in at least three regions throughout the state so that deaf and hard-of-hearing persons are able to secure public social services within a reasonable commuting distance. Requires that persons residing in urban, suburban, and rural areas shall be served. (WIC 10622)
- Requires CDSS to establish criteria for funding services for deaf and hard-of-hearing persons, including a demonstrated need for services, ability to provide services in a deaf or hard-of-hearing person’s preferred mode of communication, ability to secure community support, as specified, and funding from one or more public or private sources. Requires special consideration to be given to the extent to which deaf and hard-of-hearing persons are included in the agency’s staff and, in the case of a private nonprofit corporation, on the board of directors. (WIC 10624)
- Prohibits any person on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation, from being unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. (GOV 11135)
- Requires under the Dymally-Alatorre Bilingual Services Act that every state agency directly involved in the furnishing of information or the rendering of services to the public if contact is made with a substantial number of non-English-speaking people, to employ a sufficient number of qualified bilingual persons as specified, in the language of the non-English-speaking person and specifies this includes agencies that administer state benefits and implements public programs. (GOV 7290, et seq.)
- Defines in regulation a "threshold language" to mean a language that has been identified as the primary language of 3,000 beneficiaries or five percent of the beneficiary population, whichever is lower, in an identified geographic area, as defined. (9 CCR 1810.410)
This bill:
- Requires CDSS to provide deaf access program services, as defined, to deaf and hard-of-hearing individuals who reside in a linguistically isolated household, in their primary language, upon appropriation by the Legislature.
- Defines, for the purposes of this section, the following:
- “Adult” means an individual 14 years of age or older
- “Linguistically isolated household” means a household in which all adults speak a language other than English and none speak English very well.
FISCAL IMPACT
A fiscal analysis has not been done on this version of the bill.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, the immigrant deaf population faces greater difficulty in accessing services to which individuals are legally entitled. Not only do these individuals need communication services to facilitate conversations with hearing personnel in government agencies, they also need their communications translated from and to their primary languages, the author states. This bill would ensure that people who are deaf or hard-of-hearing and living in “linguistically isolated” households receive communication services in order to access public social services for which they are eligible.
Background
According to the US Census Bureau’s American Community Survey, 3.6 percent of Americans – or more than 11 million people – reported having a hearing difficulty in 2015. In California, 2.9 percent of the population, or 1.1 million people, reported a hearing difficulty in the same year. The vast majority of those are adults over 18 years old.
The Americans with Disabilities Act of 1990 (ADA) protects individuals with disabilities in employment, state and local government services, public accommodations, transportation, and telecommunications.
Deaf Access Program
The Deaf Access Program was established in 1980 to ensure that Californians who are deaf or hard of hearing and eligible to access public benefits are able to access those services and to achieve economic independence, with the goal of full participation in mainstream society, according to the program’s web page. The program receives $5.2 million annually, and CDSS contracts with eight service providers statewide.
Services provided through the Deaf Access Program include communication services, such as qualified sign language interpreters to assist with a client or an agency. The program can provide emergency, 24-hour sign language services to meet medical, legal or civil emergencies. In addition, the program provides translation of documents for clients with low language skills, according to the website.
The program also helps place deaf clients into jobs, may intervene to ensure that deaf and hard of hearing clients can access social services, health and safety services, and may intervene to protect deaf children’s communication rights. The program can provide crisis intervention and counseling in cases of spousal or child abuse, and counseling to help clients cope with deafness or hearing loss. CDSS estimates that 194,865 people will be served in FY 2016-17 and FY 2017-2018. Prior to state budget reductions, the program served about 250,000 people annually. There is no wait list for the program, but funds are fully expended each year, according to CDSS.
Under the existing program, families in linguistically isolated households are eligible for services.
Linguistic Isolation
The US Census Bureau defines linguistic isolation to mean that all adults speak a language other than English, and none speaks English “very well.”[1] An adult, for purposes of the census definition, is defined as being age 14 or older to include household members who are high school age and older. In 1990, 3 percent of households and individuals nationally were considered linguistically isolated, or 8 million people.
The concept of linguistic isolation was first developed in preparation for the 1990 census to provide information about and numbers of households that may need assistance to communicate with the government during a disaster. In 1998, the Department of Health and Human Services first proposed designating linguistic isolation as one of several barriers to accessing medical care in designating medically underserved populations and for other purposes.
According to data compiled by the KidsCount Data Center, in California about 1 in 5 children in immigrant families lived in a linguistically isolated household in 2015, or nearly 900,000 children. Another 57,000 children from US-born families are considered linguistically isolated, according to the data.[2] The number and percentage are down from 2011, when nearly 1.1 million children comprising 24 percent of children in immigrant families lived in linguistically isolated families. Nationwide, according to KidsCount, nearly 3.8 million children, or 21 percent of the children in immigrant families, are linguistically isolated.
Related legislation:
AB 1709 (Gallagher, Chapter 94, Statutes of 2016) replaced the term “hearing impaired” with the term “hard of hearing,” or a close variation, throughout various statutes.
COMMENTS
It is unclear how many individuals are both deaf or hard-of-hearing and living in linguistically isolated households. However, the author cites estimates that 793,192 people would qualify for the Deaf Access Program, but are not served by the program currently solely because of limitations on funding. This bill initially included a $3 million appropriation specifically for services to the linguistically isolated population, but that funding was removed when the bill was in the Assembly Appropriations Committee.
Without the additional funding, this bill makes unclear whether existing funding and services should be prioritized for the population identified in this bill over others who are eligible for services. The author should clarify this question prior to being heard in the next committee.
PRIOR VOTES
Assembly Floor: | 79 - 0 |
Assembly Appropriations Committee: | 16 - 0 |
Assembly Human Services Committee: | 7 - 0 |
POSITIONS
Support:
California Coalition of Agencies Serving Deaf and Hard of Hearing Persons, Inc.
Deaf and Hard of Hearing Service Center
NorCal Services for Deaf and Hard of Hearing
Deaf Counseling, Advocacy & Referral Agency
2 individuals.
Oppose:
None received.
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Siegel, Paul, Elizabeth Martin and Rosalind Bruno, “Language Use and Linguistic Isolation: Historical Data and Methodological Issues,” US Census Bureau, February 2001. ↑
http://datacenter.kidscount.org/data/tables/129-children-living-in-linguistically-isolated-households-by-family-nativity#detailed/1/any/false/573/78,79/472,473 ↑
ASSEMBLY THIRD READING
ATR Bill Id:AB 322
Author:(Mullin)
As Amended Ver:May 26, 2017
Majority vote
Committee | Votes | Ayes | Noes |
Human Services | 7-0 | Rubio, Choi, Arambula, Maienschein, Reyes, Mark Stone, Gonzalez Fletcher | |
Appropriations | 16-0 | Gonzalez Fletcher, Bigelow, Bloom, Bocanegra, Bonta, Brough, Calderon, McCarty, Quirk, Fong, Friedman, Gallagher, Eduardo Garcia, Gray, Muratsuchi, Reyes |
SUMMARY: Requires the Department of Social Services (DSS) to provide deaf access program services to deaf and hard-of-hearing individuals who reside in linguistically isolated households in their primary language, upon appropriation by the Legislature.
Specifically, this bill:
- Requires DSS, upon appropriation by the Legislature, to provide deaf access program services to deaf and hard-of-hearing individuals who reside in linguistically isolated households, in their primary language.
- Defines "adult" as an individual who is 14 years of age or older.
- Defines "linguistically isolated household" as a household in which all adults speak a language other than English and none speaks English very well, which conforms to the definition used by the United States Census Bureau.
EXISTING LAW:
- Requires public social services for the deaf and hard of hearing to include, but not be limited to, complete communication services through interpreter services by a professional interpreter for the deaf, advocacy to assure deaf and hard-of-hearing persons receive equal access to public and private services, and job development and job placement, among others. (Welfare and Institutions Code (WIC) 10621)
- Prohibits discrimination against individuals in protected classes, including national origin and ethnic group identification, for purposes of providing full and equal access to benefits or programs that are operated or funded by the state. (Government Code (GOV) 11135 et seq.)
- Establishes the Dymally-Alatorre Bilingual Services Act, which places a number of requirements on state agencies directly involved in the furnishing of information or the rendering of services to the public regarding the provision of information and services in languages other than English. (GOV 7290 et seq.)
- Defines "threshold language" to mean a language that has been identified as the primary language, as specified, of 3,000 beneficiaries or 5% of the beneficiary population, whichever is lower, in an identified geographic area. (9 California Code of Regulations (CCR) Section 1810.410 (a)(3))
FISCAL EFFECT: According to the Assembly Appropriations Committee, any administrative costs to DSS attributable to this bill may be minor and absorbable.
COMMENTS:
Deafness and individuals who are hard-of-hearing: According to the California State Independent Living Council (SILC), in 2008, there were an estimated 1,038,126 Deaf and hard-of-hearing individuals in California who experience a variety of needs. While the Civil Rights Act of 1964 helped to foster inclusion and change for individuals with disabilities, including people who are Deaf, who face barriers to living in the community, stakeholders argue that there is more that needs to be done to serve Deaf and hard-of-hearing individuals. It is generally agreed that accommodations should be made for individuals seeking services or resources who speak a "threshold language," which is defined for purposes of Medi-Cal as the primary language of 3,000 individuals or 5% of the beneficiary population, whichever is lower, and includes Spanish, Cambodian, and Japanese, among others.
The SILC acknowledges that misconceptions exist regarding the ability of individuals who are Deaf to communicate by reading lips or wearing hearing aids. It is estimated that only 30-40% of sounds in the English language are distinguishable from sight alone, making lip-reading a difficult skill to master. Another misconception is that all Deaf and hard of hearing people communicate successfully by writing, however this may not be the case for those who learn English as a second language but may not become proficient in written or typed English.
Deaf Access Program (DAP): In 1980, with the passage of AB 2980 (Alatorre), Chapter 1193, Statutes of 1980, the Legislature created the Deaf Access Program (DAP) in order to ensure that state and local government programs are adapted to meet the communication needs of individuals who are deaf and hard-of-hearing. The DAP provides a variety of programs that help clients achieve self-sufficiency and independence and access the benefits and services to which they are entitled. DSS administers the DAP through the Office of Deaf Access, which serves as a liaison between DSS and the deaf community, various programs, and agencies, and contracts with eight private, non-profit agencies throughout the state that provide direct services to consumers. The services provided by the DAP aim to raise awareness and to educate the public about the specific issues surrounding deafness and hearing loss, and include: communication services, independent living skills instruction, and community education, among others.
Funding for the Deaf Access Program comes from Title XX of the Social Security Block Grant and in order to qualify for those funds, a state must prepare an expenditure plan prior to the start of the fiscal year that is consistent with Title XX goals. For fiscal year (FY) 2017-18, $2.5 million of the DAP's total budget of $4.7 million is provided by Title XX funds. According to 2017-18 budget projections by DSS, services will be provided to 187,065 deaf and hard of hearing Californians in FY 2016-17 and FY 2017-18.
Linguistically isolated households: The term "linguistically isolated household" is defined as a household in which all adults speak a language other than English and none speaks English "very well" according to the U.S. Census Bureau. According to the 2011-2018 American Community Survey conducted by the United States Census Bureau, in California, 43.9% of households speak a language other than English, and approximately 18.8% of households speak English less than "very well." Individuals who reside in linguistically isolated households may face many difficulties when attempting to fully participate in society. Inability to speak the dominant language in a particular geographic area may leave individuals with minimal job prospects, unable to communicate with educators, and restricted in their ability to seek medical or emergency assistance.
Need for this bill: According to the author's office, "[This bill] increases access to Deaf Access Program services to deaf and hard-of-hearing individuals whose primary language is not English and who reside in linguistically isolated households. The immigrant deaf population faces double difficulty in accessing services to which they are legally entitled. Not only do they need communication services with hearing personnel in government agencies, they also need their communications translated from and to their primary languages."
PRIOR LEGISLATION:
AB 2980 (Alatorre), Chapter 1193, Statutes of 1980, established the Access Assistance/Deaf Access Program in California.
Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089 FN: 0000894
Date of Hearing: May 10, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 322
Author:(Mullin) – As Amended Ver:March 21, 2017
Policy Committee: | Human Services | Vote: | 7 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY: This bill continuously appropriates $8.2 million from the General Fund (GF) to the Department of Social Services (DSS) to provide deaf access program services through the Deaf Access Program (DAP). Specifies that $3 million of the appropriation be used to provide deaf access program services to the deaf and hard-of-hearing individuals who reside in a linguistically isolated household, in their primary language. The bill defines “linguistically isolated household” as a household in which all adults speak a language other than English and none speaks English very well.
FISCAL EFFECT:
- Beginning in FY 2017-18, continuously appropriates $8.2 million (GF) to DSS for the DAP for the purposes of providing deaf access program services. Requires $3 million of the appropriation to be used to provide these services to deaf and hard-of-hearing individuals who reside in a linguistically isolated household, in their primary language.
- Any additional administrative costs to DSS will be minor and absorbable.
COMMENTS:
- Purpose. According to the author’s office, “This bill increases access to Deaf Access Program services to deaf and hard-of-hearing individuals whose primary language is not English and who reside in linguistically isolated households. The immigrant deaf population faces double difficulty in accessing services to which they are legally entitled. Not only do they need communication services with hearing personnel in government agencies, they also need their communications translated from and to their primary languages.”
- Background. In 1980, the Legislature created the Deaf Access Program (DAP) in order to ensure that state and local government programs are adapted to meet the communication needs of individuals who are deaf and hard-of-hearing. The DAP provides a variety of programs that help clients achieve self-sufficiency and independence and access the benefits and services to which they are entitled. DSS administers the DAP through the Office of Deaf Access, which serves as a liaison between DSS and the deaf community, and various programs and agencies. The Office of Deaf Access also contracts with eight private, non-profit agencies throughout the state that provide direct services to consumers. The services provided by the DAP aim to raise awareness and to educate the public about the specific issues surrounding deafness and hearing loss, and include: communication services, independent living skills instruction, and community education, among others.
The term “linguistically isolated household” is defined as a household in which all adults speak a language other than English and none speaks English “very well” according to the U.S. Census Bureau. According to the Census Bureau's 2011-2018 American Community Survey, in California, 43.9% of households speak a language other than English, and approximately 18.8% of households speak English less than “very well.” This can leave individuals with minimal job prospects, unable to communicate with educators, and restricted in their ability to seek medical or emergency assistance.
According to the NORCAL Services for Deaf and Hard of Hearing, “As one of the DAP agencies who works on a daily basis with individuals who do not speak English and who are Deaf or hard of hearing, we know firsthand the frustrations and barriers they face and work thrice the time to provide the service in the client’s home language, in addition to American Sign Language, and interpretation in English.”
Funding for the Deaf Access Program comes from Title XX of the Social Security Block Grant. In order to qualify, a state must prepare an expenditure plan prior to the start of the fiscal year that is consistent with Title XX goals. For FY 2017-18, DAP’s total budget is $4.7 million, of which $2.5 million comes from Title XX funds. According to DSS, services will be provided to 187,065 deaf and hard of hearing Californians in FY 2016-17 and FY 2017-18.
- Prior Legislation. AB 2980 (Alatorre), Chapter 1193, Statutes of 1980, established the Access Assistance/Deaf Access Program in California.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: April 25, 2017
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Blanca Rubio, Chair
ABPCA Bill Id:AB 322 (
Author:Mullin) – As Amended Ver:March 21, 2017
SUBJECT: Public social services for deaf persons
SUMMARY: Continuously appropriates $8.2 million from the General Fund to the Department of Social Services (DSS) to provide deaf access program services through the Deaf Access Program (DAP), as specified.
Specifically, this bill:
- Requires $8.2 million dollars be continuously appropriated from the General Fund, beginning with the 2017-18 fiscal year, to DSS for the DAP in order to provide deaf access program services, as specified.
- Specifies that $3,000,000 of the appropriation be used to provide deaf access program services to the deaf and hard-of-hearing individuals who reside in a linguistically isolated household and that these services be provided in their primary language.
- Defines “adult” as an individual who is 14 years of age or older.
- Defines “linguistically isolated household” as a household in which all adults speak a language other than English and none speaks English very well, which conforms to the definition used by the United States Census Bureau.
EXISTING LAW:
- Requires public social services for the deaf and hard of hearing to include, but not be limited to, complete communication services through interpreter services by a professional interpreter for the deaf, advocacy to assure deaf and hard-of-hearing persons receive equal access to public and private services, and job development and job placement, among others. (WIC 10621)
- Prohibits discrimination against individuals in protected classes, including national origin and ethnic group identification, for purposes of providing full and equal access to benefits or programs that are operated or funded by the state. (GOV 11135 et seq.)
- Establishes the Dymally-Alatorre Bilingual Services Act, which places a number of requirements on state agencies directly involved in the furnishing of information or the rendering of services to the public regarding the provision of information and services in languages other than English. (GOV 7290 et seq.)
- Defines “threshold language” to mean a language that has been identified as the primary language, as specified, of 3,000 beneficiaries or 5% of the beneficiary population, whichever is lower, in an identified geographic area. (9 CCR § 1810.410 (a)(3))
FISCAL EFFECT: Unknown.
COMMENTS:
Deafness and individuals who are hard-of-hearing: According to the California State Independent Living Council (SILC), in 2008, there were an estimated 1,038,126 Deaf and hard-of-hearing individuals in California who experience a variety of needs. While the Civil Rights Act of 1964 helped to foster inclusion and change for individuals with disabilities, including people who are Deaf, who face barriers to living in the community, stakeholders argue that there is more that needs to be done to serve Deaf and hard-of-hearing individuals. It is generally agreed that accommodations should be made for individuals seeking services or resources who speak a “threshold language,” which is defined for purposes of Medi-Cal as the primary language of 3,000 individuals or 5% of the beneficiary population, whichever is lower, and includes Spanish, Cambodian, and Japanese, among others.
The SILC acknowledges that misconceptions exist regarding the ability of individuals who are Deaf to communicate by reading lips or wearing hearing aids. It is estimated that only 30-40% of sounds in the English language are distinguishable from sight alone, making lip-reading a difficult skill to master. Another misconception is that all Deaf and hard of hearing people communicate successfully by writing, however this may not be the case for those who learn English as a second language but may not become proficient in written or typed English.
Deaf Access Program (DAP): In 1980, with the passage of AB 2980 (Alatorre), Chapter 1193, Statutes of 1980, the Legislature created the Deaf Access Program (DAP) in order to ensure that state and local government programs are adapted to meet the communication needs of individuals who are deaf and hard-of-hearing. The DAP provides a variety of programs that help clients achieve self-sufficiency and independence and access the benefits and services to which they are entitled. DSS administers the DAP through the Office of Deaf Access, which serves as a liaison between DSS and the deaf community, various programs, and agencies, and contracts with eight private, non-profit agencies throughout the state that provide direct services to consumers. The services provided by the DAP aim to raise awareness and to educate the public about the specific issues surrounding deafness and hearing loss, and include: communication services, independent living skills instruction, and community education, among others.
Funding for the Deaf Access Program comes from Title XX of the Social Security Block Grant and in order to qualify for those funds, a state must prepare an expenditure plan prior to the start of the fiscal year that is consistent with Title XX goals. For fiscal year (FY) 2017-18, $2.5 million of the DAP’s total budget of $4.7 million is provided by Title XX funds. According to 2017-18 budget projections by DSS, services will be provided to 187,065 deaf and hard of hearing Californians in FY 2016-17 and FY 2017-18.
Linguistically isolated households: The term “linguistically isolated household” is defined as a household in which all adults speak a language other than English and none speaks English “very well” according to the U.S. Census Bureau. According to the 2011-2018 American Community Survey conducted by the U.S. Census Bureau, in California, 43.9% of households speak a language other than English, and approximately 18.8% of households speak English less than “very well.” Individuals who reside in linguistically isolated households may face many difficulties when attempting to fully participate in society. Inability to speak the dominant language in a particular geographic area may leave individuals with minimal job prospects, unable to communicate with educators, and restricted in their ability to seek medical or emergency assistance.
Need for this bill: According to the author’s office, “[This bill] increases access to Deaf Access Program services to deaf and hard-of-hearing individuals whose primary language is not English and who reside in linguistically isolated households. The immigrant deaf population faces double difficulty in accessing services to which they are legally entitled. Not only do they need communication services with hearing personnel in government agencies, they also need their communications translated from and to their primary languages.”
According to the NORCAL Services for Deaf and Hard of Hearing, “As one of the DAP agencies who works on a daily basis with individuals who do not speak English and who are Deaf or hard of hearing, we know firsthand the frustrations and barriers they face and work thrice the time to provide the service in the client’s home language, in addition to American Sign Language, and interpretation in English.”
PRIOR LEGISLATION:
AB 2980 (Alatorre), Chapter 1193, Statutes of 1980, established the Access Assistance/Deaf Access Program in California.
REGISTERED SUPPORT / OPPOSITION:
Support
NorCal Services for Deaf and Hard of Hearing
Opposition
None on file.
Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089
Discussed in Hearing
Assembly Floor
Assembly Standing Committee on Appropriations
Assembly Standing Committee on Human Services
Bill Author
Bill Co-Author(s):