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It is also important to note who should be allowed to function as an interpreter. As noted by the DOJ and published in the Federal Register :
LEP individuals may feel uncomfortable revealing or describing sensitive, confidential, or potentially embarrassing medical, law enforcement (e.g., sexual or violent assaults), family, or financial information to a family member, friend, or member of the local community. In addition, such informal interpreters may have a personal connection to the LEP person or an undisclosed conflict of interest, such as the desire to protect themselves or another perpetrator in a domestic violence or other criminal matter. For these reasons, when oral language services are necessary, recipients should generally offer competent interpreter services free of cost to the LEP person. (Federal Register / Vol. 67, No. 117 / Tuesday, June 18, 2002 / Notices 41463)
Children, especially, are not particularly well suited to the role of being interpreters both for their general lack of linguistic competency and often their level of emotional development. In fact, according to the DOJ:
Generally, it is not acceptable for agencies or recipients to rely upon an LEP individual’s family members or friends to provide the interpreter services. The agency or recipient should meet its obligations under EO 13166 or Title VI by supplying competent language services free of cost. In rare emergency situations, the agency or recipient may have to rely on an LEP person’s family members or other persons whose language skills and competency in interpreting have not been established. Proper agency or recipient planning and implementation is important in order to ensure that those situations rarely occur. (http://www.usdoj.gov/crt/cor/Pubs/lepqa.htm)
Current "best practices" by experienced organizations require that they provide an interpreter even if the patient wants to have a family member or friend perform in this role. The organization's professional interpreter will be able to observe, clarify, correct any errors made and assist in protecting the organization in case of a malpractice claim related to interpreting errors.
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