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Orange County Social Services Civil Rights Overview

Orange County Social Services Civil Rights Overview. ORGANIZATIONAL STRUCTURE. AGENCY SOCIAL SERVICES AGENCY DIVISION ADMINISTRATION PROGRAM PROGRAM INTEGERITY. California Laws and Regulations. Division 21, Manual of Policies and Procedures

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Orange County Social Services Civil Rights Overview

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  1. Orange County Social ServicesCivil Rights Overview

  2. ORGANIZATIONAL STRUCTURE AGENCY SOCIAL SERVICES AGENCY DIVISION ADMINISTRATION PROGRAM PROGRAM INTEGERITY

  3. California Laws and Regulations • Division 21, Manual of Policies and Procedures • Dymally-Alatorre Bilingual Services Act • Title 24 • Government code 11135 • Welfare and Institutions Code 10000

  4. No barriers to participation/ equitable access Public notification regarding services and benefits No denied benefits No discrimination Bilingual services Rights understood Understanding of and access to complaint procedure Training program Compliance means agencies are adhering to civil rights requirements

  5. Race Color National origin Political affiliation Religion Marital status Sex Age Disability Bases of Discrimination in Accordance with Division 21

  6. Recent Federal Guidance on Serving Individuals with Limited English Proficiency • Guidance on serving LEPs-- individuals who cannot speak, read, write or understand the English language at a level that permits them to interact effectively. • Issued on August 31, 2000 • ACL N0s. 00-30 & 01-32

  7. Division 21 Requirements for Counties • Bilingual public contact staff where five percent or more of county’s clients speak a language. • Must use any CDSS-translated forms or materials. • Must insert any case-specific information in the client’s language.

  8. Recent Federal Guidance on Serving Individuals with Disabilities • Guidance on the prohibition against discrimination on the basis of disability in the administration of federally-assisted programs and activities. • Issued on January 19, 2001 • www.hhs.gov/ocr/prohibition.html • ACL No. 01-42

  9. Division 21 Requirements for Counties • Effective communication, including Braille, audiotape, readers, ASL interpreters. • International symbol of accessibility and other signage. • Accessible parking, entrances, doors, rest rooms, public counters, telephones, etc.. • Alternative methods must be equally effective.

  10. Learning Disabilities • Mandatory screening for all new and existing/current CalWORKs WTW participants. • Screened by trained staff. • Must use instrument that has been validated. • Must refer for further evaluation if instrument indicates possible disability. • Reading forms to client • Signing forms in client’s language • ACL No. 01-70

  11. CRBs Responsibilitiesand Role Facilitate compliance with civil rights laws governing equal and effective access to benefits and services in county welfare departments in all programs delivering services funded through the Department. http://www.dss.cahwnet.gov/civilrights

  12. Bureau Role and Responsibilities(Cont.) Assistance: • Training • Technical assistance (ACLs/ACINs, annual plans and respond to requests) Oversight: • Receive and investigate discrimination complaints. • Receive and review annual plans from each county. • Do on-site compliance reviews and monitoring of the counties.

  13. Civil Rights Coordinator Responsibilitiesand Role • Monitor and facilitate SSAs compliance with CDSS Division 21 • Receive and investigate discrimination complaints • Complete annual plans for SSA • Coordinate CRBs on-site compliance reviews • Administer complaint procedure • Provide and review training programs

  14. Annual Plan • Most important compliance document • Describes plans to maintain compliance • Describes policies and procedures

  15. Plan Contents • Assurance of compliance statement • Assignment of resources (staff available) • Dissemination of information (CR/Program) • Services to non- and limited-English speakers and disabled applicants/recipients • Documentation of case records • How services are provided by subcontractors • Any changes in how and where county does business • Staff development and training • Discrimination procedures

  16. On-Site Compliance Reviews • Welfare offices • Children’s services • Adult services • Fraud • Collections • Employment services • One-stop centers • Any subcontracted service providers

  17. Preparation for Review • Compare available data reports • Check with Department program staff • Review discrimination complaints to identify patterns • Review annual plan • Select facilities • Request additional information

  18. The Review • Do physical inspection of the facilities • Interview public contact staff • Review case files • Survey program managers • Interview clients • Contact advocates and community service providers

  19. What does CRB do with the information? • Identify and clarify the civil rights compliance by the county. • Help to figure out what can be done to remove barriers. • Contain all in a report to the county

  20. Consequences of Report • Corrective action plan • Voluntary compliance • Monitoring • Revisions to policies and procedures • Additional training • Initiate action to suspend assistance

  21. Our Role • Make sure staff know and implement policies and procedures. • Help staff understand that good policies and procedures result in smoother service--fewer bumps. • Correct problems immediately. • Attend training. • Send all public contact staff to training. • Create opportunities for learning experiences in the workplace. Highlight good practices.

  22. Your Role with Civil Rights Coordinator (CRC) • Communicate with your CRC • Tell your CRC what works • Tell your CRC what doesn’t work (and maybe provide suggestion of what might work better) • Provide assistance in development of annual plan

  23. Consequences of failing to play our respective roles • More complaints • Frustrated staff • Frustrated clients • More bumps • Potential lawsuits • Ineffective service • Corrective action plan/sanction

  24. THE CIVIL RIGHTS UNIT(CRU) • WHY WE HAVE CIVIL RIGHTS UNIT • WHO THE CIVIL RIGHTS UNIT IS • WHAT THE CIVIL RIGHTS UNIT DOES • HOW CIVIL RIGHTS COMPLAINTS FILED/PROCESSED

  25. WHY DO WE HAVE A CIVIL RIGHTS UNIT?? TWO BASIC REASONS 1. MANDATED MPP SECT. 21-100 2. SSA MISSION

  26. WHY DO WE HAVE A CIVIL RIGHTS UNIT? (con’t) MPP 21-100 CONTIUES TO STATE… County Welfare Departments MUST process Civil Rights Complaints against Social Service Agencies

  27. 2. SSA MISSION The Social Services Agency is compromised of dedicated, caring, efficient staff whose mission is todeliver quality social services that are accessible and responsive to the community, encourage personal responsibility, strengthen individuals, preserve families, protect vulnerable adults and children and recognize cultural diversity. We succeed in our mission through encouragement and respect for ourclients, partnerships with the community and a commitment to innovation and excellence in leadership. WHY DO WE HAVE A CIVIL RIGHTS UNIT? (con’t)

  28. CIVIL RIGHTS UNIT Location 1200 MAIN ST, SANTA ANA, CA 92702 Mailing Address 1200 MAIN ST. PO Box 22001, SANTA ANA, CA 92702 PONY Address Building #180 Attn Civil Rights Phone / e-mail Jo Ann Martinez = 714-480-6501 JoAnn.Martinez@ssa.ocgov.com James Tapia = 714-480-6508 James.Tapia@ssa.ocgov.com

  29. WHAT DOES THE CIVIL RIGHTS UNIT DO? Process ALL Civil Rights Complaints rec against: • SSA employees • practices • contract service providers

  30. Possible Act of Discrimination • A) You are out at a home visit and discover that the client does not speak English, but Chinese. What do you do? • B) The client’s nine year old child is in the home. Would you use the child to interpret?

  31. Possible Act of Discrimination • A Hindi-speaking woman called the police to report domestic violence. The police and social worker responded to the call. They interviewed the woman using her husband as an interpreter.

  32. WHERE = Any SSA office / Program Integrity / State WHEN = 180 days WHO = applicants, recipients / authorized representatives ARE =Protected from retaliation IS = Confidential AGAINST = against SSA employees, practices & contract service providers ONLY = 9 Categories of Discrimination CAN = Bypass county and file with State or Feds / Lawsuit (They can investigate) FILING THE COMPLAINT

  33. YES will process Notify State Number assigned Monitored by State SDSS/ SDHS Timeframes Logged in & Assigned to investigator NO will not process No basis Not within 180 days Not applicant/ recipients /AR Forward to appropriate agency/Fair Hearing /non-county to the responsible agency Notify Client State not notified PROCESSING THE COMPLAINT

  34. PROCESSING THE COMPLAINT WORKER RECIVES THE CASE • 20 Days to set up appointment with client • Interview is to HELP determine Civil Rights issue / program issue or other • Interview determines if full investigation is needed or not FOCUS = How they felt they were treated differently under similar circumstances than others not of their class / what they want / solution NOTE = most complaints abandoned / withdrawn

  35. YES Investigation Proceed with investigation (60 days) Interviews = SSA/ contract staff must cooperate - disciplinary action Review of records Report to state (80 days) NO Investigation Withdrawn Personal Issue Send to appropriate persons / agency State notified FULL INVESTIGATION

  36. INVESTIGATION CONCLUSION / FINDINGS No evidence found • Appeal Discrimination Found • Persons subject to disciplinary action • No monetary resolution but county is liable and vulnerable to lawsuit State and Person notified of results

  37. YOUR ROLE KNOW • Civil Rights Coordinator • Phone Numbers /address • Forms • Complaint filing process • Help complete forms (date stamp/send immediately) • Cooperate with investigations • Your rights

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