Scheduling and Paying for Services for the Deaf & Hard of Hearing
Scheduling and Paying for Services for the Deaf & Hard of Hearing
The Americans with Disabilities Act requires persons who are deaf or have a hearing disability be provided accommodations to ensure effective communication – including individuals who are just attending a court proceeding but are not a party, witness or juror. The ADA also prohibits charging the person with the disability for the accommodation. Additional information about requirements is found here under ADA and Missouri Statutes.
A court interpreter shall accurately interpret what is said without embellishment or omission while preserving the language level of the person. If the deaf person shows signs of not understanding the testimony or court proceeding, the judge should ask the deaf person to repeat some of the testimony back through the interpreter for clarification. Interpreters are not to answer legal questions or give any type of legal advice during a proceeding. Family members, employees and law enforcement are not appropriate interpreters in the legal setting. It is illegal in Missouri for someone to interpret outside their skills level. Contact information for approved interpreters is found below the "Skills Level" section.
Best practice is the need for an interpreter or auxiliary aid be noted in the file/record when it comes to a court's attention and if a future court date is set during one proceeding, the court go ahead and schedule the services at that time rather than waiting for someone to request the accommodation. Agencies charge an "emergency fee" any time less than 24 hours' notice is given, so schedule as soon as possible. Likewise, it is important to cancel services giving as much notice as possible. Canceling with less than 24 hours' notice will result in a payment of two hours anyway. Canceling at the last minute also prevents a provider from accepting another assignment for that time.
Skill Levels for Interpreting Services in Legal Settings
The complexity of an event determines the level of certification required of a sign language interpreter. The following list (not all-inclusive) regarding interpreting assignments in the legal setting comes from the Code of State Regulations (5 CSR 100-200.170). The list outlines the minimum skill level of interpreters as required for various court activities. An interpreter who works outside their certification or without licensing is breaking the law. An interpreter shall accept, refuse or withdraw from assignments based upon his or her experience, capability and certification level. If questions arise regarding the skill level, contact the Missouri Commission for the Deaf and Hard of Hearing at (573) 526-5205 or OSCA at (573) 751-4377.
Level 4 (Advanced) and Level 5 (Master) are required, based on the complexity of the legal interpretation.
Legal Setting & Minimum Certification Required
Criminal (Felony) = Master Certification
Criminal (Misdemeanor) = Master/Advanced Certification
Civil = Master/Advanced Certification
Juvenile Court and Family Court = Master Certification
Legal Consultation/Advice = Master/Advanced Certification
Law Enforcement = Master Certification
Scheduling Interpreters
As the need arises, contact and schedule an interpreter with the appropriate skill level, certification and license. There are a number of resources, but you always need to confirm a person is appropriately licensed and certified. Resources include a person or agency you have used in the past; Deaf-Way for video remote interpreting, an individual who has agreed to work in Missouri courts (list attached); an agency on the Office of Administration State Contract; or an agency on the flyer provided by the Missouri Commission for the Deaf and Hard of Hearing (MCDHH). If someone approaches you offering their services, check the list from MCDHH to make sure they are appropriately certified and check the Missouri Division of Professional Registration for their license.
If you have questions about someone's certification who is not on the list or need a telephone number for an interpreter, please contact:
Missouri Commission for the Deaf & Hard of Hearing:
1500 Southridge Drive
Jefferson City, Missouri 65109
(573) 526-5205 TTY/Voice
(573) 526-5209 FAX
E-mail: mcdhh@mcdhh.mo.gov
Website: http://www.mcdhh.mo.gov
Interpreter Referral Brochure from MCDHH
This brochure distributed by the Missouri Commission for the Deaf & Hard of Hearing lists agencies that can provide interpreters. Check the state contract before calling to determine if they are on it to work in your county. If they are on the contract, refer to the contract when calling. If they aren’t on the contract, discuss fees before scheduling them. Anything you agree to that OSCA does not pay (such as travel time, mileage at a higher rate, or cancellation fees different than what we pay for state contracted agencies), you will have to use other funds to pay.
OA State Contract
This is the link to the location of the Statewide Contract for Sign Language Interpretation Services maintained by the Missouri Office of Administration (OA). The judiciary also may use this contract. There are two documents linked at the bottom of the page that you will need to reference when scheduling a sign language interpreter. The first document is the Word or PDF version of the Contract. The second document is the Pricing Table in an Excel spreadsheet format. The contract document contains the name and contact information of the vendors as well as the contract terms. The Excel spreadsheet is used to determine the rate the vendor will charge your court. You must select the appropriate LEGAL tab at the bottom of the spreadsheet for your service region (as defined in the contract). For example, Cole County is located within the Central Region so the tab named "Central Region Legal" should be consulted to schedule services in Cole County. ALWAYS TRY TO SCHEDULE THE LEAST EXPENSIVE AGENCY THAT HAS CONTRACTED TO PROVIDE LEGAL INTERPRETING SERVICES FOR YOUR COUNTY. It also is important to note that when a vendor is scheduled to perform services outside of their contracted service region, they may charge an additional fee as found on the tab named "Out of Awarded County Fee." Scheduling services to be performed by a vendor that is not within your service area should be avoided. Courts also should adhere to the cancellation policies outlined within the contract document. IF YOU USE AN AGENCY ON THE CONTRACT THAT DOESN'T PROVIDE SERVICE IN YOUR AREA (resulting in higher fees) OR AGREE TO FEES THAT OSCA CANNOT PAY (such as travel time or mileage at a higher rate), YOU WILL HAVE TO USE OTHER FUNDS TO PAY WHAT OSCA CANNOT PAY.
Real-Time Captioner (aka CART PROVIDER) Sources
Some deaf or hard of hearing people cannot communicate through sign language and require the services of a real-time captioner – someone who types out the dialogue for the person to read on a monitor, laptop, or screen. Visit www.ncraonline.org or www.cartwheel.cc for additional information about this service. This is an appropriate accommodation and must be provided when requested.
The National Court Reporters Association Professional Directory lets you search to find vendors by products/services, company name, keyword or location. Use this tool to search for captioners who are available to work in Missouri courts. Because their services are in high demand and supply is limited, please schedule as soon as the need is identified.
Qualifying Sign Language Interpreters & the Oath
Before the court proceeding, the judge should qualify the sign language interpreter. The judge should ask questions of the interpreter such as experience, educational background and certification level. Interpreters have a code of ethics to abide by and shall not misrepresent their qualifications. Before testimony is given, the interpreter must be sworn. An appropriate oath to be administered could be as follows:
"You do solemnly swear (or affirm), that you will properly give and interpret the testimony given in this case by the witness herein, from the speaking language into the sign language, and from sign language to the speaking language, to the best of your ability."
Payment of Expenses & Fees
The range in costs for auxiliary aids (including real time captioning) and services varies. An understanding should be reached at the time of scheduling. Sections 476.750 to 476.766, RSMo state a provider is entitled to a reasonable fee for the service, including waiting time, necessary travel expenses and subsistence expenses.
The average hourly rate for sign language interpreters in Missouri is $52 per hour with a 2-hour minimum. Refer to the state contract if using a vendor on contract. Interpreters who are independent contractors set their own fees. Reimbursements for necessary travel and subsistence expenses shall be at the rates provided by law to state employees. Special circumstances such as short notice or special skills may require a higher fee or an additional one-time fee (not hourly). It is best to make the arrangements for the services at least a week in advance if at all possible, and this can be accomplished by including a statement on your correspondence advising the public how to schedule an accommodation and the notice needed. A request made less than 24-hours generally will require a higher fee. If the interpretation is going to be more than two hours long, two interpreters should be scheduled to relieve one another frequently, thereby reducing the risk of errors. This includes going into the jury deliberation room. The interpreters should also be given breaks so they do not become overtired and communication breaks down.
→ Reimbursement for Deaf Interpreter Services
To have the monies paid directly to the service provider or to reimburse the court/county for paid fees/expenses:
Review the bill you receive for services, making sure the rate, time and expenses are accurate. Complete the Request for Interpreter Payment/Reimbursement Form (GN65) and have it signed by the judge. Email the invoice and completed GN65 to OSCA's Access to Justice Program at access2justice@courts.mo.gov. Mileage may be claimed at the state rate effective at the time of the assignment.
If you have questions concerning the processing of a request for payment or reimbursement that you know you sent in, please contact the Office of State Courts Administrator Access to Justice Unit via email at access2justice@courts.mo.gov.
The Americans with Disabilities Act requires persons who are deaf or have a hearing disability be provided accommodations to ensure effective communication – including individuals who are just attending a court proceeding but are not a party, witness or juror. The ADA also prohibits charging the person with the disability for the accommodation. Additional information about requirements is found here under ADA and Missouri Statutes.
A court interpreter shall accurately interpret what is said without embellishment or omission while preserving the language level of the person. If the deaf person shows signs of not understanding the testimony or court proceeding, the judge should ask the deaf person to repeat some of the testimony back through the interpreter for clarification. Interpreters are not to answer legal questions or give any type of legal advice during a proceeding. Family members, employees and law enforcement are not appropriate interpreters in the legal setting. It is illegal in Missouri for someone to interpret outside their skills level. Contact information for approved interpreters is found below the "Skills Level" section.
Best practice is the need for an interpreter or auxiliary aid be noted in the file/record when it comes to a court's attention and if a future court date is set during one proceeding, the court go ahead and schedule the services at that time rather than waiting for someone to request the accommodation. Agencies charge an "emergency fee" any time less than 24 hours' notice is given, so schedule as soon as possible. Likewise, it is important to cancel services giving as much notice as possible. Canceling with less than 24 hours' notice will result in a payment of two hours anyway. Canceling at the last minute also prevents a provider from accepting another assignment for that time.
Skill Levels for Interpreting Services in Legal Settings
The complexity of an event determines the level of certification required of a sign language interpreter. The following list (not all-inclusive) regarding interpreting assignments in the legal setting comes from the Code of State Regulations (5 CSR 100-200.170). The list outlines the minimum skill level of interpreters as required for various court activities. An interpreter who works outside their certification or without licensing is breaking the law. An interpreter shall accept, refuse or withdraw from assignments based upon his or her experience, capability and certification level. If questions arise regarding the skill level, contact the Missouri Commission for the Deaf and Hard of Hearing at (573) 526-5205 or OSCA at (573) 751-4377.
Level 4 (Advanced) and Level 5 (Master) are required, based on the complexity of the legal interpretation.
Legal Setting & Minimum Certification Required
Criminal (Felony) = Master Certification
| 1. Arraignment |
6. Courtroom |
|
| 2. Post Bond |
7. Deposition |
|
| 3. Pretrial Release |
8. Testimony |
|
| 4. Attorney Conference |
9. Grand Jury |
|
| 5. Judicial Proceedings |
10. Jury Duty |
Criminal (Misdemeanor) = Master/Advanced Certification
| 1. Arraignment |
6. Courtroom |
|
| 2. Post Bond |
7. Deposition |
|
| 3. Pretrial Release |
8. Testimony |
|
| 4. Attorney Conference |
9. Grand Jury |
|
| 5. Judicial Proceedings |
10. Jury Duty |
Civil = Master/Advanced Certification
| 1. Attorney Conference |
5. Peace Bond/Restraining Order |
|
| 2. Civil Court Proceedings |
6. Wills and Trusts |
|
| 3. Lawsuit |
7. Bankruptcy |
|
| 4. Small Claims | 8. Contested Divorce |
Juvenile Court and Family Court = Master Certification
| 1. Child Abuse/Welfare |
4. Termination of Parental Rights |
|
| 2. Child Adoption |
5. Crimes by Children under Age 17 |
|
| 3. Child Custody |
Legal Consultation/Advice = Master/Advanced Certification
| 1. Any consultation given by an attorney |
Law Enforcement = Master Certification
| 1. Arrest and Process |
5. Investigation |
|
| 2. Post Bond |
6. Witness Interview |
|
| 3. Confession |
7. Crisis Interview |
|
| 4. Interrogation |
Scheduling Interpreters
As the need arises, contact and schedule an interpreter with the appropriate skill level, certification and license. There are a number of resources, but you always need to confirm a person is appropriately licensed and certified. Resources include a person or agency you have used in the past; Deaf-Way for video remote interpreting, an individual who has agreed to work in Missouri courts (list attached); an agency on the Office of Administration State Contract; or an agency on the flyer provided by the Missouri Commission for the Deaf and Hard of Hearing (MCDHH). If someone approaches you offering their services, check the list from MCDHH to make sure they are appropriately certified and check the Missouri Division of Professional Registration for their license.
If you have questions about someone's certification who is not on the list or need a telephone number for an interpreter, please contact:
Missouri Commission for the Deaf & Hard of Hearing:
1500 Southridge Drive
Jefferson City, Missouri 65109
(573) 526-5205 TTY/Voice
(573) 526-5209 FAX
E-mail: mcdhh@mcdhh.mo.gov
Website: http://www.mcdhh.mo.gov
Interpreter Referral Brochure from MCDHH
This brochure distributed by the Missouri Commission for the Deaf & Hard of Hearing lists agencies that can provide interpreters. Check the state contract before calling to determine if they are on it to work in your county. If they are on the contract, refer to the contract when calling. If they aren’t on the contract, discuss fees before scheduling them. Anything you agree to that OSCA does not pay (such as travel time, mileage at a higher rate, or cancellation fees different than what we pay for state contracted agencies), you will have to use other funds to pay.
OA State Contract
This is the link to the location of the Statewide Contract for Sign Language Interpretation Services maintained by the Missouri Office of Administration (OA). The judiciary also may use this contract. There are two documents linked at the bottom of the page that you will need to reference when scheduling a sign language interpreter. The first document is the Word or PDF version of the Contract. The second document is the Pricing Table in an Excel spreadsheet format. The contract document contains the name and contact information of the vendors as well as the contract terms. The Excel spreadsheet is used to determine the rate the vendor will charge your court. You must select the appropriate LEGAL tab at the bottom of the spreadsheet for your service region (as defined in the contract). For example, Cole County is located within the Central Region so the tab named "Central Region Legal" should be consulted to schedule services in Cole County. ALWAYS TRY TO SCHEDULE THE LEAST EXPENSIVE AGENCY THAT HAS CONTRACTED TO PROVIDE LEGAL INTERPRETING SERVICES FOR YOUR COUNTY. It also is important to note that when a vendor is scheduled to perform services outside of their contracted service region, they may charge an additional fee as found on the tab named "Out of Awarded County Fee." Scheduling services to be performed by a vendor that is not within your service area should be avoided. Courts also should adhere to the cancellation policies outlined within the contract document. IF YOU USE AN AGENCY ON THE CONTRACT THAT DOESN'T PROVIDE SERVICE IN YOUR AREA (resulting in higher fees) OR AGREE TO FEES THAT OSCA CANNOT PAY (such as travel time or mileage at a higher rate), YOU WILL HAVE TO USE OTHER FUNDS TO PAY WHAT OSCA CANNOT PAY.
Real-Time Captioner (aka CART PROVIDER) Sources
Some deaf or hard of hearing people cannot communicate through sign language and require the services of a real-time captioner – someone who types out the dialogue for the person to read on a monitor, laptop, or screen. Visit www.ncraonline.org or www.cartwheel.cc for additional information about this service. This is an appropriate accommodation and must be provided when requested.
The National Court Reporters Association Professional Directory lets you search to find vendors by products/services, company name, keyword or location. Use this tool to search for captioners who are available to work in Missouri courts. Because their services are in high demand and supply is limited, please schedule as soon as the need is identified.
Qualifying Sign Language Interpreters & the Oath
Before the court proceeding, the judge should qualify the sign language interpreter. The judge should ask questions of the interpreter such as experience, educational background and certification level. Interpreters have a code of ethics to abide by and shall not misrepresent their qualifications. Before testimony is given, the interpreter must be sworn. An appropriate oath to be administered could be as follows:
"You do solemnly swear (or affirm), that you will properly give and interpret the testimony given in this case by the witness herein, from the speaking language into the sign language, and from sign language to the speaking language, to the best of your ability."
Payment of Expenses & Fees
The range in costs for auxiliary aids (including real time captioning) and services varies. An understanding should be reached at the time of scheduling. Sections 476.750 to 476.766, RSMo state a provider is entitled to a reasonable fee for the service, including waiting time, necessary travel expenses and subsistence expenses.
The average hourly rate for sign language interpreters in Missouri is $52 per hour with a 2-hour minimum. Refer to the state contract if using a vendor on contract. Interpreters who are independent contractors set their own fees. Reimbursements for necessary travel and subsistence expenses shall be at the rates provided by law to state employees. Special circumstances such as short notice or special skills may require a higher fee or an additional one-time fee (not hourly). It is best to make the arrangements for the services at least a week in advance if at all possible, and this can be accomplished by including a statement on your correspondence advising the public how to schedule an accommodation and the notice needed. A request made less than 24-hours generally will require a higher fee. If the interpretation is going to be more than two hours long, two interpreters should be scheduled to relieve one another frequently, thereby reducing the risk of errors. This includes going into the jury deliberation room. The interpreters should also be given breaks so they do not become overtired and communication breaks down.
→ Reimbursement for Deaf Interpreter Services
To have the monies paid directly to the service provider or to reimburse the court/county for paid fees/expenses:
Review the bill you receive for services, making sure the rate, time and expenses are accurate. Complete the Request for Interpreter Payment/Reimbursement Form (GN65) and have it signed by the judge. Email the invoice and completed GN65 to OSCA's Access to Justice Program at access2justice@courts.mo.gov. Mileage may be claimed at the state rate effective at the time of the assignment.
If you have questions concerning the processing of a request for payment or reimbursement that you know you sent in, please contact the Office of State Courts Administrator Access to Justice Unit via email at access2justice@courts.mo.gov.