BenefitsCal is supposed to be a one-stop for support with food, cash aid, and health coverage benefits. Principally, BenefitsCal manages the CalFresh and Medi- Cal programs; however, BenefitsCal also manages otherbenefit programs such as transportation and general assistance. BenefitsCal permits individuals to apply for benefits online. Part of the online application requires an applicant to provide a narrative of their circumstances that justify receiving a benefit. The narrative and the ability to provide one are important because it allows for the applicant to explain in their own words how their lives are impacted and how the benefit will improve their lives. Currently, this narrative portion of the application is only available to those individuals who submit their application in English. Non-English speakers who visit the BenefitsCal website are not given the opportunity to complete the narrative portion of the application thereby diminishing their abilities to explain their position or justify why they may need the benefit. BenefitsCal’s website is translated into 19 languages other than English, however, non-English speaking BenefitsCal applicants are not given a complete application for certain benefits because BenefitsCal does not permit these applicants to provide the crucial narrative. Since 1973, the Dymally-Alatorre Bilingual Services Act has required California agencies such as BenefitsCal to “provide for effective communication between all levels of government in this state and the people of this state who are precluded from utilizing public services because of language barriers.” Cal. Gov. Code § 7291. If BenefitsCal is failing to provide non-English speakers the opportunity to provide a narrative in their native language, then BenefitsCal stands open to litigation for violating the Dymally-Alatorre Bilingual Services Act and California Government Code Section 7290 et seq. See Cal. Gov’t Code § 7295.4(b) (State agencies shall distribute “information solicited, required, or furnished [that] affects or may affect the individual’s rights, duties, or privilegeswith regard to that agency’s services or benefits”). BenefitsCal failing to provide non-English speakers the opportunity to provide a narrative in their native language to justify their receipt of a state benefit and subjecting non-English speakers to differential treatment raises constitutional concerns as well.
It would be in the best interest of BenefitsCal and non-English speaking applicants to have identical applications for services as English speaking applicants. BenefitsCal can avoid potential litigation and ensure compliance with the Dymally-Alatorre Bilingual Services Act by providing identical English and non-English applications. Please contact CCWRO if you are aware of this issue and wish to provide information about BenefitsCal issues.