Civil Rights Compliance/Complaints

Section 504 of the Rehabilitation Act requires public agencies, such as SSA have a Civil Rights Compliance Plan.

General Client Complaints

General client complaints that are related to business process or program policy are directed to an ESI management analyst who coordinates with district offices, as needed, to address the complaint. For general community related complaints/inquiries [Refer to “Complaints / Inquiries,” page 39-1] for additional information.]

If the complaint is related to Civil Rights and/or Reasonable Accommodations, refer to sections on state/federal complaint and Section 504/ADA Coordinator procedures.

State Complaint Procedures

Clients may also file a discrimination or ADA complaint at a district office. The SSA staff taking the complaint is required to take the client’s information and forward the information to the County’s Civil Rights Coordinator or the County’s ADA Coordinator as appropriate. In addition to these methods for filing a complaint, the client may also contact CDSS to file a discrimination complaint involving the following programs with the relevant agencies:

CalWORKs

California Department of Social Services
Civil Rights Unit
P.O. Box 944243, Mail Station 8-16-70
Sacramento, CA 94244-2430
(866) 741-6241
crb@dss.ca.gov

Medi-Cal

Department of Health Care Services
Office of Civil Rights
P.O. Box 997413, Mail Station 0009
Sacramento, CA 95899-7413
(916)440-7370
CivilRights@dhcs.ca.gov

CalFresh

United States Department of Agriculture
Director, Office of Adjudication
1400 Independence Avenue, S.W.
Washington D.C., 20201
(866)632-9992

All Other Federally-Funded Programs

United States Department Health and Human Services
Centralized Case Management Operation
200 Independence Ave., S.W. room 509F HHH Building
Washington D.C., 20201
(800)368-1019
ocrcomplaint@hhs.gov

Information pertaining to above contact information is available in the district office lobby posters: “Need Help” and “Everyone is Different But Equal Under the Law” (Pub 86). SSA Staff are to direct client to above contact phone numbers when client expresses request to file a complaint.

Section 504/ADA Coordinator (Civil Rights Coordinator)

The County’s Civil Rights Coordinator’s role is to oversee ADA compliance and provide resolution to grievances, assist in handling individuals’ cases and address systemic problems. The coordinator has authority to make decisions on grievances. All complaints of discrimination are investigated. Complaints can be filed orally or in writing in a County office or directly with the Civil Rights Coordinator. Oral complaints are to be documented in writing. Regardless of their origin, all discrimination complaints are referred to the Civil Rights Coordinator who evaluates them for a link to a civil rights protection. Complaints that are linked to civil rights protections are investigated according to Div. 21 and 7 CFR § 15c.7 (d) guidelines. If no link, they are referred back to the department for resolution.

Note: If the accommodation was denied, the worker is to notify Civil Rights/ADA Coordinator of denial and inform client to contact Civil Rights/ADA Coordinator if they disagree with the denial.

The County’s Civil Rights Coordinator is based in the Social Services Equal Opportunity/Civil Rights Office and reachable at (408) 755-7298. The Equal Opportunity/Civil Rights Office is located at 333 West Julian Street, San Jose, Building 1 on the 2nd Floor. To file a complaint of discrimination, clients are to contact the Civil Rights Coordinator. Upon receipt of the complaint, the Civil Rights Coordinator will follow up with the client. This follow up may include scheduling a face-to-face appointment with the client and/or scheduling an office visit to make a determination on whether an investigation is necessary. If appropriate, a findings report is submitted to CDSS, and a copy is provided to the client.

The complainant receives a Letter of Findings at the conclusion of the investigation. The letter summarizes the allegation and the evidence in relation to the allegations that led to the determination.

Reminder: The County’s Civil Rights Coordinator contact information is also included within the “Need Help” poster. The poster must be available in all office lobbies in areas that are frequented by the public.

Disability/Special Accommodation Review Form

A review form titled “Need Additional Assistance” (SCD 2371) for special accommodations is to be used by the EW/Worker to obtain information pertaining to any additional help requested by the client due to a disability (physical, mental/emotional or learning), or other type of accommodation. The form functions as a triage form, soliciting responses to various questions. It should be made clear to clients that whether or not they disclose a disability is voluntary and they can always choose to disclose a disability, or request for a special accommodation, at a later time. If client discloses a disability during any first contact with any employee, the employee must immediately share the information with appropriate staff, who can take steps to explore a reasonable accommodation. The SCD 2371 is available on the DEBS Form’s Library.

SCD 2371 Process

Each district office lobby will have a “Need Help” poster, which would prompt the applicant/client to inform the clerical of his/her disability in order to receive some form of accommodation. In addition to the Poster, the workflow below is the process to follow for identifying clients who require a Reasonable Accommodation:

Clerical

If the applicant...

Then...

Has a visible disability,

States he/she has a disability, or requires a special accommodation,

Follows current district office process.

Issues SCD 2371 to the client, or attaches SCD 2371 with client's application forms.
Follows current district office business process for assigning applications to Eligibility Workers (EWs).

EW/ EC

Receives application forms:

If SCD 2371 form...	Then...
Is attached to application forms and/or MEDS screens,	Completes SCD 2371 form. Selects one of the following Special Accommodations Indicators in CalWIN: Visual Accommodation Audio Accommodation Physical Accommodation
	Literacy Accommodation Language Accommodation Mental Health Accommodation Documents in Maintain Case Comments using case comment Type - Special Accomm/Sensitive Info. Follows current district office business process for the application, or process. Reminder: When entering the above indicators, a yellow colored yield sign, or red colored exclamation mark is displayed on top, right side of most CalWIN window headers.
Is not attached to application forms and/or MEDS screens,	Asks applicant - “Do you have a disability (physical, mental/emotional, or learning), or need a special language, or other accommodation that makes it difficult for you to do anything we might ask you to do?” Note: For a 2-parent household, a SCD 2371 form would be needed for each parent. If the client says: Yes: Completes SCD 2371 form. Selects a Special Accommodations Indicators. Documents by narrating the accommodation that is required within Maintain Case Comments using case comment Type - Special Accomm/Sensitive Info. Follows current district office business process for the application. No: Signs the SCD 2371 form and asks the client to sign the form. Provides a copy of the SCD 2371 form to the client. Documents in Maintain Case Comments using case comment Type - Special Accomm/Sensitive Info. Follows current district office business process for the application. Inform the client that she or he can request an accommodation at any point in the future, including with continuing EW, EC, or another worker. Reasonable Accommodations must be provided on an ongoing basis.

SSA Staff

At any point of client contact:

If...	Then...
CalWIN window case header contains yellow or red color	Search for Case Comment Type, “Special Accomm/Sensitive Info. Review Accommodation that has been approved
CalWIN window case header contains yellow or red color	Continue to provide accommodation Reminder: Once the accommodation has been previously approved, client does not need to re-request the accommodation; and SSA staff must not subsequently ask client what is the accommodation.
CalWIN window case header contains a gray color	Determine if there is a need for a special accommodation. If there is a need, enter the special accommodation indicator by clicking on the gray color marker located on the top, right side of most CalWIN window headers.

Special Accommodations Request Process

Requests for a Reasonable Accommodations can almost always be provided to the client. All requests must be approved or denied within 5 working days. The workflow below is the process to follow by all SSA staff for approving or denying requests for reasonable accommodations:

CalWIN - Other Sub Systems

Step	Who	Action
1.	Eligibility Worker/EC/ Worker	Receives request for a Reasonable Accommodation. Discusses request with Supervisor, as needed. If the request is approved: Informs client that request was approved. Adds CalWIN Special Accommodations Indicator, and updates Status to Approved. Documents in Maintain Case Comments the accommodation.
2.	Eligibility Worker/EC/ Worker Supervisor/	Consults with ADA Coordinator if believes that request should be denied, or if not sure the request can be provided.
3	Eligibility Worker/EC	If the request is approved: Informs client that request was approved. Adds CalWIN Special Accommodations Indicator, and updates Status to Approved. Documents in Maintain Case Comments the accommodation.
4.	Eligibility Worker/EC/ Worker Supervisor	Denied completely, or in part, Provides written denial to client. Informs client of right to contact ADA coordinator. Documents in Maintain Case Comments and submits written denial to IDM.

SSA Staff have access to enter Reasonable Accommodation and Sensitive Information indicators types via other CalWIN sub-systems (Employment Services, Application Registration, and Traffic Log), by clicking the window header color indicator, located on top right side. In addition to the SCD 2371 process used at Application, the indicator(s) is/are to be entered through these sub-systems at the point of contact with client, when the need is identified by any SSA staff. In Employment Services, the need, or request for accommodation may also be identified via the development of the Welfare-to-Work Plan Activity Assignment (WTW 2), and or the OCAT. Refer to Special Accommodation Indicators & Documenting Accommodation.