Requirements

The following measures are required by DHS/DFCS to prevent discrimination and ensure equal access to DHS/DFCS programs and services:

Nondiscrimination in DHS/DFCS Programs, Services and Activities DHS/DFCS and its Providers are prohibited from unlawfully discriminating in the administration of DHS/DFCS programs, services, and activities on the basis of race, color, age, sex, disability, national origin, or any other program-specific protected class. DHS/DFCS and its Providers are also prohibited from engaging in reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by a federal agency. Click here to access DFCS’ Notice of ADA/Section 504 Rights and the joint USDA and HHS Notice of Nondiscrimination.

Right to File a Civil Rights, ADA/Section 504 Complaint Constituents who allege unlawful discrimination have the right to file a civil rights complaint, which includes complaints about decisions made regarding requests for reasonable modifications for constituents with disabilities and requests for language assistance services (e.g., interpreters and translated materials) for constituents with limited English proficiency (LEP) or sensory impairments (SI). All written or verbal complaints alleging discrimination on the basis of race, color, age, sex, disability, national origin, retaliation for engaging in prior civil rights activity in DHS/DFCS programs, activities or services, or any other program-specific protected class, are processed in accordance with the DFCS Civil Rights, ADA/Section 504 Complaint Process . DHS/DFCS and its Providers must forward all discrimination complaints to the DFCS Civil Rights and ADA/Section 504 Coordinator as required by DFCS’ Complaint Process. For more information about the DFCS Civil Rights, ADA/Section 504 complaint process or to access a complaint form, visit dfcs.georgia.gov/adasection-504-and-civil-rights .

Right to Request Reasonable Modifications and Free Communication Assistance Reasonable Modifications Reasonable modifications afford an individual with a disability an equal opportunity to participate in all DHS/DFCS programs and receive all benefits and services for which that individual is eligible. DHS/DFCS must make reasonable modifications in policies, practices, or procedures when necessary to avoid discrimination on the basis of disability, unless it is demonstrated that making the modification would fundamentally alter the nature of the service, program, or activity or result in undue financial and administrative burdens. For more information about the requirement to provide reasonable modifications to constituents with disabilities or to access a Reasonable Modification or Communication Assistance form, visit dfcs.georgia.gov/adasection-504-and-civil-rights . Auxiliary Aids and Services for Communication DHS/DFCS and its Providers must provide free auxiliary aids and services for DHS/DFCS constituents (and their companions) with communication disabilities (e.g., hearing, vision, and speech) to ensure equally effective communication in accordance with the ADA and Section 504. For more information about communication assistance for constituents with disabilities, visit dfcs.georgia.gov/adasection-504-and-civil-rights . Language Assistance Services for Communication DHS/DFCS and its Providers must provide free qualified interpreters and translated information in a timely manner when communicating with DHS/DFCS’ constituents with LEP. Constituents with LEP do not speak English as their primary language and have a limited ability to read, write, speak, and/or understand English. Constituents with LEP may be competent in English for certain types of communication (e.g., speaking or understanding), but still be LEP for other purposes (e.g., reading or writing). A constituent may also be considered LEP if he/she prefers to communicate with DHS/DFCS, either orally or in writing, in a language other than English. For more information about providing constituents access to language assistance services, refer to DHS LEP/SI Policy 2001 .

Public Notifications DHS/DFCS and its Providers must inform applicants, participants, and potentially eligible persons of program availability, program rights and responsibilities, their protection against discrimination, and the procedure for filing a discrimination complaint. Additionally, DHS/DFCS and its Providers must provide effective notice to constituents with LEP of the availability of language assistance services (e.g., interpreters and translated information) in a language that they can understand . Similarly, DHS/DFCS and its Providers must notify constituents with disabilities of the availability of free auxiliary aids and services and reasonable modifications, including how to request each in a format that they can understand. Refer to DHS LEP/SI Policy 2001 for more information about public notices for persons with LEP. For more information or to obtain a copy of public notices for constituents with disabilities, visit dfcs.georgia.gov/adasection-504-and-civil-rights . For HHS Programs: DHS/DFCS and its Providers must provide a nondiscrimination statement to participants, beneficiaries, enrollees, and applicants of its programs and activities, and members of the public. The nondiscrimination statement must be at a conspicuous location on the DHS/DFCS website and in a clear and prominent physical location, where it is reasonable to expect constituents seeking service from the HHS program or activity to be able to read or hear the notice (45 C.F.R. § 92.10). For an electronic version of the nondiscrimination statement, visit dfcs.georgia.gov/adasection-504-and-civil-rights . For USDA Programs : The appropriate USDA Nondiscrimination Statement must appear in all information materials and sources, including web sites, used by DHS/DFCS and its Providers to inform the public about FNS programs (FNS Instruction 113-1, Section IX). For an electronic version of the USDA Nondiscrimination Statement, visit dfcs.georgia.gov/adasection-504-and-civil-rights or www.fns.usda.gov/cr/fns-nondiscrimination-statement . Similarly, the USDA issued directives on posting the appropriate And Justice for All (AJFA) poster. Form AD-475-A corresponds to the AJFA poster that is applicable to the Commodity Supplemental Food Program (CSFP) and The Emergency Food Assistance Program (TEFAP). Form AD-475-B corresponds to the AJFA poster that is applicable to SNAP. AJFA posters must be prominently displayed in all offices where there is a USDA presence and where constituents can view them. Please refer to FNS Instruction 113-1 , Section IX, Appendices A and C and USDA Departmental Regulation 4300-003 – Equal Opportunity Public Notification Policy or successive FNS instructions. To obtain an AJFA poster, contact the DFCS Food and Nutrition Unit Director.

Civil Rights and ADA/Section 504 Training Civil rights training is required for all DHS/DFCS and Provider staff involved in administering or delivering DHS/DFCS programs, activities, and services. All DHS/DFCS and Provider staff are required to complete the civil rights training, ADA/Section 504 training, and Customer Service and Communication training within 30 days of the date of hire and annually thereafter. Office of Family Independence and Child Welfare staff may be required to complete additional training specific to the operation of their respective programs, services, and systems. Training for DHS/DFCS staff is available on the DHS IOTIS website. Additional Training Requirements for USDA Programs : Training is required so that staff involved at all levels of the administration of programs that receive federal financial assistance comply with laws, regulations, procedures, and directives related to civil rights. Staff responsible for reviewing civil rights compliance must receive training to assist them in performing their compliance review responsibilities. The FNS Regional Civil Rights Officer may provide civil rights training or technical assistance to DHS/DFCS state-level personnel. DHS/DFCS is responsible for training the appropriate state-level personnel, local DHS/DFCS office personnel, and its Providers, including “frontline staff.” “Frontline staff” who interact with program applicants or participants, and their supervisors, must receive civil rights training on an annual basis. “Frontline staff” also includes Providers. FNS Instruction 113-1, Section XI provides that civil rights training for USDA programs (e.g., SNAP, CSFP, TEFAP) must include, but is not limited to the following specific topics: collection and use of data, effective public notification systems, complaint procedures, compliance review techniques, resolution of noncompliance, requirements for reasonable modifications and auxiliary aids and services for constituents with disabilities, requirements for language assistance, conflict resolution, and customer service. Refer to the DHS IOTIS website to access Civil Rights and ADA/Section 504 training .

Race and Ethnicity Data Collection, Maintenance, and Reporting DHS/DFCS must ensure that the appropriate data is collected and maintained by its local agencies and its Providers when required by federal and state statutes, regulations or directives. This includes collection of race and ethnicity data in accordance with the U.S. Office of Management and Budget and each federal or state agency requirements. This data is to determine how effectively DHS/DFCS’ programs, activities, and services are reaching potentially eligible persons and beneficiaries, identify areas where additional outreach is needed, assist in the selection of locations for civil rights compliance reviews, and complete reports as required. Each federal agency has collection, maintenance, and reporting requirements. Refer to policies and procedures applicable to a specific program for its data collection requirements. DHS/DFCS programs, services and activities funded by the USDA (e.g., SNAP, CSFP and TEFAP) must follow the applicable “Data Collection and Reporting” requirements in FNS Instruction 113-1 , Section XII and in Appendices A and C, or successive FNS instructions.

Collection of Citizenship, Immigration Status, and Social Security Numbers DHS/DFCS programs are required to comply with applicable federal and state provisions regarding noncitizen eligibility and the collection of this data. However, DHS/DFCS programs must ensure that the collection and verification of citizenship status, immigration status or social security numbers, when required by federal statutes and regulations, does not result in an access barrier or unlawful discrimination in DHS/DFCS programs, services or activities. Constituents who are eligible to participate in a DHS/DFCS program must not be deterred or denied from applying for the program because a non-applicant household member has not disclosed his or her citizenship, immigration status or Social Security number. For USDA Programs : DHS/DFCS shall not request an applicant to provide citizenship status, immigration status, nor a social security number for CSFP and TEFAP eligibility. For SNAP eligibility, DHS/DFCS or its Providers shall not engage in the following: 1) Require information about the citizenship or immigration status of an individual who is not applying for SNAP; 2) Deny SNAP to household members applying for SNAP because a non-applicant household member fails to disclose citizenship status, immigration status, or a social security number; or 3) Attempt to establish or verify immigration status through means other than the procedures outlined in the SNAP Guidance on Non-Citizen Eligibility. DHS/DFCS has primary responsibility to determine the status of non-citizens applying for federal benefits. For additional information, refer to USDA FNS SNAP Guidance on Non-Citizen Eligibility .

Evaluating Civil Rights Compliance/Resolution of Noncompliance DHS/DFCS program staff shall monitor all civil rights criteria captured within each program’s management evaluations, quality assurance reviews, compliance reports, and civil rights reviews of its local agencies and its Providers and ensure that noncompliance issues are resolved in accordance with applicable federal guidelines. Staff must report concerns and instances of noncompliance with civil rights policies to the DFCS Civil Rights and ADA/Section 504 Coordinator . The DFCS Civil Rights and ADA/Section 504 Coordinator and program staff shall resolve noncompliance matters in a timely manner. For USDA Programs: Refer to FNS Instruction 113-1 , Sections XIII and XIV and Appendix A and Appendix C or successive FNS instructions. DHS/DFCS program staff performing compliance reviews must notify the DHS/DFCS local agency or Provider, in writing, of the findings and any requirements or recommendations upon the completion of the review. Noncompliance is a factual finding that a civil rights requirement, as provided by law, regulation, policy, instruction, or guidelines, is not being adhered to by DHS/DFCS or its Providers. The effective date of a finding of noncompliance is the date a written notice of noncompliance is provided to the entity under review. All DHS/DFCS programs must cooperate with the DFCS Civil Rights and ADA/Section 504 Coordinator and the DHS LEP/SI Program Manager (for LEP only) to resolve findings of noncompliance or concerns within 60 days of receipt of written notice of the findings or concerns. Additionally, DHS/DFCS must resolve instances of noncompliance in USDA programs in accordance with FNS Instruction 113-1 , Section XIV, or successive FNS instructions. The DFCS Civil Rights and ADA/Section 504 Coordinator must submit a report of Findings of Noncompliance, along with appropriate documentation to the FNS Regional Civil Rights Officer if the findings of noncompliance in a USDA program are not resolved within 60 days of the effective date.

Assurance of Nondiscrimination Language in Contracts and Agreements DHS/DFCS and its Providers must incorporate the appropriate assurance of nondiscrimination language in its agreements and contracts with subrecipients and contractors. Attachment A – USDA and HHS Assurances of Nondiscrimination contains samples of the current assurance language for USDA and HHS programs. Refer to FNS Instruction 113-1 - Civil Rights Compliance and Enforcement – Nutrition Programs and Activities, Section X, Appendices A and C or successive instructions or guidance for additional information regarding assurances of nondiscrimination in USDA programs.

Confidentiality DHS/DFCS is prohibited from disclosing Personally Identifiable Information (PII) or Protected Health Information (PHI) to unauthorized individuals. Therefore, DHS/DFCS will not disclose or allow access to complainant’s PII or PHI without the appropriate authorization. In situations where a companion or other individual requests a reasonable modification or communication assistance on behalf of an individual with a disability, DHS/DFCS will contact the individual with the disability or authorized representative to clarify the request.