Orange County Social Services Civil Rights Overview

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Orange County Social ServicesCivil Rights
Overview
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ORGANIZATIONAL STRUCTURE

• AGENCY
• SOCIAL SERVICES AGENCY
• DIVISION
• ADMINISTRATION
• PROGRAM
• PROGRAM INTEGERITY

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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

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Compliance means agencies are adhering to civil
rights requirements

• 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

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Bases of Discrimination in Accordance with
Division 21

• Race
• Color
• National origin
• Political affiliation

• Religion
• Marital status
• Sex
• Age
• Disability

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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

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Division 21 Requirements for Counties

• Bilingual public contact staff where five percent
  or more of countys clients speak a language.
• Must use any CDSS-translated forms or materials.
• Must insert any case-specific information in the
  clients language.

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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

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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.

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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 clients language
• ACL No. 01-70

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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

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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.

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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

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Annual Plan

• Most important compliance document
• Describes plans to maintain compliance
• Describes policies and procedures

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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

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On-Site Compliance Reviews

• Welfare offices
• Childrens services
• Adult services
• Fraud
• Collections
• Employment services
• One-stop centers
• Any subcontracted service providers

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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

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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

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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

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Consequences of Report

• Corrective action plan
• Voluntary compliance
• Monitoring
• Revisions to policies and procedures
• Additional training
• Initiate action to suspend assistance

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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.

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Your Role with Civil Rights Coordinator (CRC)

• Communicate with your CRC
• Tell your CRC what works
• Tell your CRC what doesnt work (and maybe
  provide suggestion of what might work better)
• Provide assistance in development of annual plan

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Consequences of failing to play our respective
roles

• More complaints
• Frustrated staff
• Frustrated clients
• More bumps
• Potential lawsuits
• Ineffective service
• Corrective action plan/sanction

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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

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WHY DO WE HAVE A CIVIL RIGHTS UNIT??

• TWO BASIC
• REASONS
• 1. MANDATED
• MPP SECT. 21-100
• 2. SSA MISSION

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WHY DO WE HAVE A CIVIL RIGHTS UNIT? (cont)

• MPP 21-100 CONTIUES TO STATE
• County Welfare Departments MUST process Civil
  Rights Complaints against Social Service Agencies

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WHY DO WE HAVE A CIVIL RIGHTS UNIT? (cont)

• 2. SSA MISSION
• The Social Services Agency is compromised of
  dedicated, caring, efficient staff whose mission
  is to deliver 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 our
  clients, partnerships with the community and a
  commitment to innovation and excellence in
  leadership.

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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_at_ssa.ocgov.com
• James Tapia 714-480-6508
• James.Tapia_at_ssa.ocgov.com

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WHAT DOES THE CIVIL RIGHTS UNIT DO?

• Process ALL
• Civil Rights Complaints
• rec against
• SSA employees
• practices
• contract service providers

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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 clients nine year old child is in the
  home. Would you use the child to interpret?

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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.

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FILING THE COMPLAINT

• 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)

• WHERE Any SSA office / Program Integrity /
  State
• WHEN 180 days
• WHO applicants, recipients / authorized
  representatives
• ARE Protected from retaliation

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PROCESSING THE COMPLAINT

• 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

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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

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FULL INVESTIGATION

• 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

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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

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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