Federal and State Laws Regarding Interpreters
The following are synopses of the cited laws. For the entire law, contact the Kentucky Commission on the Deaf and Hard of Hearing at the address below.
Federal Laws
The Americans with Disabilities Act, (also known as ADA and Public Law 101-336), prohibits discrimination against people with disabilities. This includes employment, transportation, public accommodation, communications, and activities of state and local government.Public Law 101-336 - 28 C.F.R. 36.301 (c) - Definition of a "qualified interpreter". Qualified interpreter means an interpreter "who is able to interpret effectively, accurately, and impartially both receptively and expressively, using any necessary specialized vocabulary."
Public Law 101-336, Title III - Extra charges may not be imposed on individuals with disabilities to cover the costs of measures necessary to ensure nondiscriminatory treatment, such as removing barriers or providing qualified interpreters.
Public Law 101-336, 28 C.F.R. 36.104 - Using family members as interpreters. "In certain circumstances, notwithstanding that the family member or friend is able to interpret or is a certified interpreter, the family or friend may not be qualified to render the necessary interpretation because of factors such as emotional or personal involvement or considerations of confidentiality that may adversely affect the ability to interpret effectively, accurately and impartially."
Section 504 of the Rehabilitation Act, also known as Public Law 93-112, prohibits discrimination against people with disabilities in all programs and activites of the federal government, including employment, services, and education.
State Laws
KRS 30A.400 (2) - Any statement made by a person entitled to the services of an interpreter to a law enforcement officer may be used as evidence against that person only if the statement was made, offered, or elicited in the presence of a qualified interpreter. This shall in no way deny a person the right to make a voluntary confession.KRS 30A.410 - A person is entitled to a qualified interpreter when he/she because of deafness or hard of hearing is involved in any court matter, criminal or civil. The deaf person makes the decision when an interpreter is needed. He/she makes the determination regarding the effectiveness/appropriateness of the interpreter. He/she has the right to request another interpreter for reasonable cause.
KRS 30A.430. Interpreter not to be examined as witness - Every person who acts as an interpreter in circumstances involving the arrest, police custody or other stage in a criminal, civil, or other matter of a person coming under KRS 30A.410 shall not be examined as a witness regarding conversations between that person and his attorney, when the conversations would otherwise be subject to the attorney-client privilege, without the consent of that person. Interpreters shall not be required to testify regarding any other privileged communications without the consent of the person for whom they are interpreting.
KRS 309.301 (1) Licensing for Interpreters Required - Effective July 1, 2003, no person shall represent himself or herself as an interpreter or engage in the practice of interpreting as defined in KRS 309.300 unless he or she is licensed in accordance with the provisions of KRS 309.300 to 309.319.
KRS 344.500. Provision of Interpreters - A qualified interpreter shall be appointed in any proceeding before a board, commission, agency or licensing authority of the state or any of its political subdivisions, when the principal party in interest or a witness is deaf, hard of hearing, or speech impaired.
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For more information about federal and state laws and other related issues, contact:
Kentucky Commission on the Deaf and Hard of Hearing 632 Versailles Road Frankfort, Kentucky 40601 (502) 573-2604 / (800) 372-2907 (V/TTY) National Association of the Deaf Law Center 814 Thayer Avenue Silver Springs, Maryland 20910-4500 (301) 587-1788 (V), (301) 587-1789 (TTY) Commission on Human Rights 500 Metro Street, Ste. 832 Frankfort, KY 40601 (502) 595-4024 / (800) 292-5566 (V) (502) 595-4084 (TTY) |
Some situation that may require the use of a qualified interpreter or captioner at no cost to the deaf person are as follows: (This is not a comprehensive list!)
Legal Settings
Advising of Rights (Miranda Warnings)
Interrogating (pre-trial) or taking of a statement from deaf defendants or witnesses
Proceedings of the Grand Jury including probation and parole hearings
Translating or interpreting documents
Proceedings/Hearings of an administrative nature or by administrative agency
Proceedings of the court - including but not limited to:
- All stages of criminal, civil, juvenile, or mental inquest cases
- Any matter properly before the court (during court or court related proceedings including any and all meetings and conferences between client and his/her attorney)
- Taking depositions
- Administering oaths
Health Care Settings
Services provided by a professional office of health care providers and hospitals
Social Service Settings
Services provided by day care centers, senior citizens centers, and adoption agencies
Educational Settings
Public and Private Pre-school programs, Head Start programs, Early Childhood programs, elementary and secondary schools, undergraduate and post-graduate programs
Recreational Settings
Events or activities at theaters, concert halls, auditoriums, convention centers, lecture halls, museums, tours, library activities, galleries, parks, amusement parks, gyms
Other Settings
Hotels and motels (i.e. meetings regarding conferences), banks, funeral parlors, accountant, lawyer, or insurance offices
Updated: 12/15/2005