What is Title VI of the U.S. Civil Rights Act of 1964?

“Title VI prohibits a recipient of funds from the U.S. Department of Health and Human Services (HHS) from engaging in policies or practices that have the effect of discriminating against individuals on the basis of national origin, including polices or practices that preclude or inhibit equal access to a recipient’s programs and activities for patients of limited English proficiency”. (The Joint Commission, 2008)

Make sure to access the following documents available in the “Course Resources” section.

1. Title VI of the U.S. Civil Rights Act (1964);
2. Title III of the Americans with Disabilities Act (1990); and,
3. Section 504 of the Rehabilitation Act of 1973.

The Role of Interpreters as Reporters

The Federal Child Abuse Prevention and Treatment Act (CAPTA) requires each State to have provisions or procedures for requiring certain individuals to report known or suspected instances of child abuse and neglect (Child Welfare Information Gateway, 2019).

Most states mandate that healthcare professionals report child abuse and neglect. However, the laws are not clear in identifying Interpreters as healthcare professionals. According to the NCIHC, an Interpreter is considered a healthcare professional when they have been “assessed for professional skills, demonstrate a high level of proficiency in at least two languages and have the appropriate training and experience to interpret with skill and accuracy while adhering to the National Code of Ethics and Standards of Practice published by the National Council on Interpreting in Health Care” (National Council on Interpreting in Health Care).

The professional Interpreter recognizes the importance of knowing their State laws with reference to child abuse and neglect reporting. Following is the mandatory reporting law for the State of South Carolina.

South Carolina’s Child Abuse & Neglect Mandatory Reporting Laws

South Carolina

Current Through April 2019

Professionals Required to Report

Citation: Ann. Code § 63-7-310

The following professionals are required to report:

• Physicians, nurses, dentists, optometrists, medical examiners, or coroners
• Employees of county medical examiner’s or coroner’s offices
• Any other medical, emergency medical services, mental health, or allied health professionals
• Members of the clergy, including Christian Science practitioners or religious healers
• Clerical or nonclerical religious counselors who charge for services
• School teachers, counselors, principals, assistant principals, or school attendance officers
• Social or public assistance workers, substance abuse treatment staff, or child care workers in a child care center or foster care facility
• Foster parents
• Police or law enforcement officers or juvenile justice workers
• Undertakers, funeral home directors, or employees of a funeral home
• Persons responsible for processing films or computer technicians
• Judges
• Volunteer nonattorney guardians ad litem serving on behalf of the South Carolina Guardian Ad Litem Program or the Richland County Court-Appointed Special Advocates program

Reporting by Other Persons

Citation: Ann. Code § 63-7-310

A person who has reason to believe that a child’s physical or mental health or welfare has been or may be adversely affected by

abuse and neglect may report, and is encouraged to report, in accordance with this section.

Institutional Responsibility to Report

Citation: Ann. Code §§ 63-7-310; 63-7-315

A person who reports child abuse or neglect to a supervisor or person in charge of an institution, school, facility, or agency is not relieved of his or her individual duty to report in accordance with this section. The duty to report is not superseded by an internal investigation within the institution, school, facility, or agency.

An employer must not dismiss, demote, suspend, or otherwise discipline or discriminate against an employee who is required or

permitted to report child abuse or neglect pursuant to § 63-7-310 based on the fact that the employee has made a report of child abuse or neglect.

An employee who is adversely affected by conduct that is in violation of this section may bring a civil action for reinstatement and back pay. An action brought pursuant to this section may be commenced against an employer, including the State; a political subdivision of the State; and an office, department, independent agency, authority, institution, association, or other body in State government.

Standards for Making a Report

Citation: Ann. Code § 63-7-310

A report is required when a reporter, in his or her professional capacity, receives information that gives him or her reason to

believe that a child has been or may be abused or neglected.

Privileged Communications

Citation: Ann. Code § 63-7-420

The privileged quality of communication between husband and wife and any professional person and his or her Patient or client,

except that between attorney and client or clergy member, including a Christian Science practitioner or religious healer, and

penitent, does not constitute grounds for failure to report. However, a clergy member, including a Christian Science practitioner or religious healer, must report in accordance with this subarticle except when information is received from the alleged perpetrator of the abuse and neglect during a communication that is protected by the clergy and penitent privilege as provided for in § 19-11-90.

Inclusion of Reporter’s Name in Report

The reporter is not specifically required by statute to provide his or her name in the report.

Disclosure of Reporter Identity

Citation: Ann. Code § 63-7-330

The identity of the person making a report pursuant to this section must be kept confidential by the agency or department

receiving the report and must not be disclosed, except as specifically provided for in statute. Source: (Child Welfare Information Gateway, 2019)

s