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Special Accommodations
If an individual with a disability requests a particular auxiliary aid or service, the worker must give primary consideration to that request. This means that the individual's choice of auxiliary aid or service must be granted unless the county can demonstrate that:
- An equally effective means of communication is available; or
- The individual's chosen means of communication would result in a fundamental alteration to the program, service, or activity; or
- The individual's chosen means of communication would impose an undue financial or administrative burden, taking into account all resources available to the program, service or activity.
Special accommodations may be needed at various points of program participation and/or to various program components, including but not limited to:
- The application and redetermination process;
- Procedures related to notifying clients of their rights;
- Employment Services program requirements;
- Policies and practices concerning exemptions, extensions, and sanctions;
- Policies and practices that aid individuals in sustaining program participation;
- Appeal process; and
- Welfare fraud investigations.
For a list of Frequently Asked Questions (FAQs) regarding reasonable, or special, accommodations, please refer to the FAQ About Reasonable Accommodation Requests available on the DEBS Program & Policy Bureau Reference Materials page.
Mental, Cognitive, Literacy, or Learning Disabilities
Should the worker become aware of a client's mental, cognitive, or learning disability, the worker is to allow the client to record the conversation if requested by the client.
Other types of accommodations may include:
- Scheduling appointments after hours,
- Reading documents out loud,
- Providing oral explanations of written documents and allowing extra time for information to be fully understood, and
- Repeating phrases if the worker is unsure if the client understood.
Other accommodations for clients who have difficulty waiting in office lobbies may include:
- Scheduling appointments via telephone, video calls, or at the client’s preferred time,
- For clients sensitive to noise and distractions, use appropriate meeting rooms, or
- Offer breaks during longer meetings.
Communication Tips
- Always respond in a calm and relaxed manner even if the person makes unusual statements.
- If someone is having trouble understanding you, use language that is concrete, not abstract.
- Allow time for information to be fully understood. Some people who have processing and mental health disabilities will need more time to process and respond to information.
- Check for understanding by asking questions such as, “Did I explain that clearly?” or, “Do you have any questions about what I told you?”
For additional special accommodations samples, please refer to the Sample Reasonable Accommodations and Tips for Communicating with People with Disabilities (SCD 2431) on the DEBS Program & Policy Bureau Reference Materials page or on the DEBS Forms Library.
Physical Disabilities
For applicants who are not able to come to the office in person due to having a physical disability or being housebound, the worker is to accommodate the client by applying online, having the appointment over the telephone or video call, or if necessary, in the client’s home.
Communication Tips
- Do not make assumptions about what a person can and cannot do. A person with a physical disability is the best judge of his or her own capabilities.
- Be aware that some people using wheelchairs may choose to transfer themselves out of their wheelchairs and into an office chair during an interview.
- When speaking to a person in a wheelchair or on crutches for more than a few minutes, sit in a chair. Place yourself at the person's eye level to facilitate conversation.
- If an individual is having difficulty doing something, such as filling out forms correctly or making it to appointments on time, staff should ask if there is anything that can/needs to be done to assist the individual, and:
- In addition, staff is required to provide special accommodations to family members of an applicant/recipient, as needed, to assist the individual with access to services,
- Offer the Need Extra Help (SCD 2371) form and complete it on the client's behalf when necessary.
Refer to Disability/Special Accommodation Review Form section for additional information.
Service Animals
Under the ADA Title II, policies, practices, and procedures must be modified to allow the use of service animals on the premises. Service animals are permitted in all areas of county facilities where members of the public or participants in services, programs, or activities are normally permitted.
Only dogs are recognized as service animals under Title II of the ADA. Specifically, a service animal is defined as a dog that is individually trained to work or perform tasks for an individual with a disability. The work or tasks performed by a service animal must be directly related to the individual’s disability.
Some examples of work or tasks performed by service animals include:
- guiding people who are blind,
- alerting people who are deaf to sounds or people,
- pulling a wheelchair, assisting a person having a seizure, and
- reminding an individual with mental illness to take medication.
A dog that provides only emotional support, comfort, or companionship does not qualify as a service animal. When it is not obvious what service a service animal provides, staff may ask only two questions:
- Is the animal required because of a disability?
- What work or tasks is the animal trained to perform?
Certification or other proof that an animal has been trained or licensed as a service animal is not required. Staff are not allowed to request any documentation for the dog, require that the dog demonstrate its task, or inquire about the nature of a person's disability. Staff may only ask an individual to remove their service animal from the premises if:
- the animal is out of control and the handler does not take effective action to control it, or
- the animal is not housebroken.
If staff request that an individual’s service animal be removed based on one of the above reasons, they must offer the person the opportunity to participate in the program, service, or activity without the animal’s presence.
For any additional information on service animals that may not be found in this chapter, please visit the ADA Requirements: Service Animals webpage.
Physical Facilities
In the event that structural modifications are required to provide program accessibility, the agency will conform to accessibility standards approved by the Office of the State Architect, pursuant to Title XXIV of the California Administrative Code. Where structural modifications are not practical, SSA will provide services at an alternate accessible site.
Staff may conduct home visits as part of the Intake business process when a face-to-face interview is required. Where appropriate, clients have the option of applying online and contacting staff by phone as an alternative to coming to an office. As part of the process for alternative site accommodations for Intake Process, the Identification and Intake Record (SCD 41) form, Part II is completed to indicate the need for a “Home Visit.”
All SSA office sites work to maintain compliance with relevant building codes and statutes. For any additional information on public access and special accommodations under the Americans with Disabilities Act (ADA), please visit the County of Santa Clara ADA webpage.
Deaf, Hard of Hearing, and/or Speaking Limitations
Auxiliary aids and services for Deaf and hard of hearing individuals may include providing qualified interpreters (such as American Sign Language), note takers, real-time captioning, telecommunications devices or systems, and written materials. A qualified interpreter is someone who is able to interpret effectively, accurately, and impartially using any necessary specialized vocabulary. Workers must provide an opportunity for individuals with disabilities to request auxiliary aids and services of their choice to provide effective communication. Exchange of written notes may suffice for quick and simple communications, but will likely be ineffective for complex or extended communication.
California Relay Services (CRS)
The CRS may be used by anyone with hearing and/or speaking limitations and to communicate with someone with these limitations. A specially-trained Communications Assistant (CA) relays telephone conversations for all of these calls.
The CRS functions as a telephone service and is not intended to be used as an interpreting service where both parties are in the same room; the latter describes Video Remote Interpretation (VRI) which is when a remote interpreter facilitates communication between two individuals in the same room.
Incoming Calls
When you receive a Relay call, the Communications Assistant (CA), also known as the Relay Operator, will usually ask, “Have you received a Relay call before?” If you have not, then the CA will give you a brief introduction on what to do during a Relay call.
Outgoing Calls
When reaching out to a client identified as having hearing or speaking limitations:
- Dial 711,
- Provide the CA with the client’s 10-digit phone number (including area code), and
- When the client answers, identify yourself and read from the CRS Phone Script below.
CRS Phone Script
The following script must be read to clients before any CRS conversation:
"This call was initiated using the California Telephonic Relay Service. The Relay Service is a third party that is participating in this conversation with the Santa Clara County Department of Employment and Benefit Services. If you would prefer to speak without the presence of the Relay Service Operator, you may end this call, or arrange for you and I to have our conversation some other way.”
Confidentiality
Federal regulations specify very strict confidentiality requirements for CAs of all Relay Services. No part of the conversation that takes place between callers is revealed or recorded in written, verbal, or any other form. CRS CAs do not participate in the conversation and acquire no benefit from the information relayed.
Communication Tips
- Talk the same way as you would with anyone else.
- Ask the person how he or she prefers to communicate.
- When speaking through an interpreter, remember the interpreter may lag a few words behind, so pause occasionally to allow him or her time to translate completely and accurately.
- Talk directly to the person who is deaf or who has difficulty hearing, not to the interpreter.
- When someone who is deaf or hard of hearing is accompanied by another individual, do not rely on the other person to assist with communication barriers; always offer to use a qualified sign language interpreter or other communication method.
- Look directly at the person and speak clearly, naturally, and slowly. Do not over-enunciate or exaggerate words. Unless requested, do not raise your voice.
- To facilitate speech-reading, place yourself facing the light source and keep hands, face masks, etc., away from your mouth when speaking. Face the person while you are speaking.
For information on Video Remote Interpretation (VRI) which includes guidance for American Sign Language (ASL) and other qualified interpretation methods available, please see Common Place Handbook Chapter 23 - Language Access. Additional Language/ Translations Resource Material and Special Accommodations information is available on the DEBS Program & Policy Bureau Reference Materials page.
Assistance from Third Parties
If an applicant or beneficiary requests the assistance of a third party, the third-party assistance can be provided as a special accommodation. However, staff cannot assume that every client with special needs has a third-party individual who can assist them. It is important to remember the limitations associated with third parties. Refer to Interpreter Services for additional information.
Sometimes it may be appropriate to provide referrals to other agencies for assistance. Referrals to another organization for assistance in, for example, in completing forms, is not a substitute for the SSA's responsibility to provide a special accommodation.
Interpreter Services Statement and Confidentiality Agreement Form (CR 6181)
The CR 6181 form must be used when individuals with limited English proficiency (LEP) use their own oral interpreter in any language or when Deaf or hard of hearing individuals use their own sign language interpreter. This form informs the individual of the potential for communication errors when they use their own interpreter and advises them that their interpreter may need to interpret sensitive and personal information. The County cannot guarantee that the client-provided interpreter will maintain confidentiality with respect to any information obtained through the interpretation process.
Requirements to use the CR 6181 are not intended to interfere with or delay SSA's response to temporary extenuating circumstances, such as an emergency situation, and therefore the completion of the CR 6181 is not required in such circumstances. The CR 6181 is available in the DEBS Forms Library in English, Spanish, and Vietnamese.
Completion of the CR 6181 via Remote Service Delivery
The same rules and requirements for use of client-provided interpreters apply during phone or virtual service delivery; however, the method of completing the CR 6181 will differ to accommodate the remote service delivery. If a new CR 6181 needs to be completed during phone or virtual service delivery, staff must take the following steps to avoid relying on the client's interpreter in completing the CR 6181:
For Clients who Communicate by | Method of Completing the CR 6181 Form |
Spoken Language |
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Deaf/ Hard of Hearing who Communicate with Sign Language |
As an alternative, the staff member may securely email a copy of the CR 6181 for the individual to read, if the individual has access to email. However, staff should be aware that given educational barriers and language deprivation, limited English proficiency is common in the deaf community so reading the CR 6181 may not always be a reliable option for some individuals.
Note: CDSS intends to release an ASL video clip of the CR 6181. When available, this video clip will be posted on the CDSS website and linked here. Staff may play the ASL video clip to meet the requirement of reading the CR 6181 to clients who understand ASL and/or can read closed captioning.
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The client must agree to Section B and the interpreter must agree to Section C. SSA Staff may accept telephonic signatures or another form of agreement. The method of obtaining agreement will vary by individual (some Deaf and hard of hearing individuals may speak but not hear; other individuals may neither hear nor speak). SSA staff must assess on an individual basis how the client or interpreter can communicate agreement. Agreement can also be conferred by email.
SSA staff should complete the CR 6181 indicating that verbal or another form of agreement was obtained by telephone in lieu of wet signatures. The completed CR 6181 must be maintained in the client's case file. A copy of the CR 6181 should be provided to the client if requested.
It is imperative that SSA staff refrain from requesting or requiring California Relay Services Communication Assistants (CRS CAs), including interpreters, to complete the CR 6181. CRS CAs are bound by confidentiality, preventing them from disclosing any information, including their identity, at any time. Further, CRS CAs are exempt from the requirements of CDSS All County Letter 24-68 as they do not meet the definition of client-provided interpreters as they are provided by Telecommunications Relay Services.
Any phone or virtual interaction must be documented as stated below. In addition to other required information, SSA staff must document that they obtained verbal or signed agreement from the individual and the interpreter.
Documentation of the CR 6181
After the client and their interpreter complete the CR 6181, the worker must properly document it in the case record. The worker must specifically notate in the CalSAWS Case Journal that the CR 6181 was provided to the client, confirm that they read and understood its contents, and acknowledge the signatures of both the client and their chosen interpreter. The worker must also document the name of the interpreter, their relationship to the client, and the language services were provided in.
ExampleExampleThe client's preferred spoken language is [insert language] and preferred written language is [insert language]. Offered free interpretation services; the client declined the services and chose to use their own interpreter. Provided Form CR 6181 in [insert language] and certified bilingual employee [insert name] helped the client complete the form in [insert language]. Client and interpreter signed CR 6181 indicating they read and understood it. Uploaded image of completed CR 6181 to case file. Client's chosen interpreter is [insert client's interpreter information]. The interpreter is the client's [identify relationship]. Services provided in [insert language]. [Include any other relevant information specific to the case.]
Special Accommodation Examples
The following examples help illustrate how to assist with providing special accommodations when it is determined that an individual requires additional assistance:
For various reasons, individuals with disabilities might not request special accommodations; however, staff must inquire of the need for such accommodations when the need is obvious or suspected, and if accepted, provide a special accommodation. Staff should make it clear that people are not required to disclose whether they have a disability or what that disability is. When the need for a special accommodation is obvious, staff should provide the accommodation without requesting documentation proving the need for one.
CalSAWS Special Circumstances Case Record & Documenting Accommodations
An individual’s need for a special accommodation must be identifiable at the point of contact to ensure that staff offer and provide special accommodations without the client having to re-request or the worker having to ask the client’s need for an accommodation again. This is done by selecting the appropriate Special Circumstances Detail in CalSAWS, and narrating the accommodation using the Case Journal - Type Special Circumstances linked to the Special Circumstances Detail indicators.
For guided CalSAWS instructions on documenting special circumstances and accommodation preferences, please refer to the CATS CalSAWS Fact Sheet: Special Circumstances (March 2023).
Special Circumstances Detail | Indicator Usage and/or Example(s) |
Behavioral |
May require a phone interview, a shortened window waiting time, or other accommodation.
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Hearing Impairment |
Requires hearing devices and/or tape recorders, or is hearing impaired and requires the use of California Relay Services (CRS), a qualified American Sign Language (ASL) interpreter, video remote interpretation (VRI), teletypewriter/ text telephones (TTY), or other audio aid.
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Literacy |
Used for cognitive, learning disability, requires reading out loud and/or repeating phrases; or due to inability to read/write in their primary language, and needs an accommodation.
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Physical Disability |
Requires the use of a mobility device(s), has difficulty moving around or standing for longer periods of time. Accommodations may include using an ADA-accessible interview booth. For example, "Client uses a wheelchair and needs to be directed to the front of the line of wheelchair accessible booth."
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Psychiatric or Mental Health Disability |
May require a phone interview, a shortened window waiting time, offering an appropriate meeting room for clients sensitive to noises or other distractions, or other accommodation.
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Service Animal |
The individual may require a larger interview booth to accommodate the client and service animal.
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Speech Impairment |
This may include keeping a paper and pencil on hand so that the person can write words, or allow more time to communicate with someone using a communication board or device. Additionally, may require the use of the CRS system.
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Visual Impairment |
Requires large font, Braille services, a computer screen-reading program, or an audio recording of printed information.
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Language Line/ Interpreter Services |
Used only when the client requires a special accommodation pertaining to the language (see below).
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Language Line/ Interpreter Services Accommodation
The Language Line/ Interpreter Services Accommodation Special Circumstances Detail is used only when the client requires a special accommodation pertaining to language. The indicator is to be used to specify language codes that are general, not as commonly used, and not specific (i.e., "American Sign Language," "Other Chinese," or "Other Sign Language," etc.). The special indicator does not indicate that the client speaks another language and should not be selected to indicate that a client speaks another language (i.e., "Client speaks Vietnamese"). This information is captured by following the CalSAWS language coding procedures.
Documenting Special Accommodations
Staff must narrate the client’s accommodation, using Case Journal - Type Special Circumstances, in conjunction with using one or more of the Special Circumstances Detail indicators. All requests for a special accommodation must be documented in the Case Journal, including:
- The fact that the individual has a disability and/or requested an accommodation,
- The accommodation(s) requested,
- The accommodation) provided,
- The specific accommodations provided, such as auxiliary aids, special language needs, and other services to meet the request; including any interactive process negotiations, and
- When selecting a Sensitive Information Indicator, document pertinent information.
If a specific accommodation requested cannot be granted, staff must document in the Case Journal - Type Special Circumstances the interactive negotiation process, and what accommodation was granted. As a reminder, staff may only deny a special accommodation request when the requested accommodation would either: fundamentally alter the nature of the program, service, or activity; or impose an undue financial or administrative burden on the program as a whole. The determination to deny a request based on these grounds must be made by the Department Manager or their designee. The fact that a requested accommodation is outside usual program rules is not in itself sufficient basis to deny the request.
If the accommodation request is not reasonable, the individual and staff will discuss whether there is an alternative that would effectively address the individual’s disability-related need. This discussion will be a “good faith negotiation” to discuss alternative accommodations that would meet the needs of the person’s disability-related request.
Important: Under the ADA to receive a special accommodation, the client only needs to disclose that they are disabled; they are not required to disclose the specific disability. They only need to mention they need accommodation. For example, they can say, “I have a disability that makes it hard for me to read small print.” They cannot be asked what the disabling condition is, whether dyslexia, a brain tumor, glaucoma, etc.
Staff Training
The SSA will:
- Provide Civil Rights training, and assistance to staff to evaluate practices and policies in order to ensure that discrimination does not occur on the basis of disability.
- Provide Reasonable Accommodations training to public contact staff, program managers, and supervisors upon hire and, at minimum, annually thereafter to ensure compliance with disability nondiscrimination laws and on providing reasonable accommodations for persons with disabilities.
- Ensure that each program is readily accessible to people with disabilities.
In choosing available methods for meeting the requirements of this section, the SSA will give priority to those methods that offer programs and activities to people with disabilities in the most integrated setting appropriate.
The County shall review training curriculum to verify that it addresses the County's obligation to:
- Provide interpreter services and steps to request a qualified interpreter.
- Provide guidance for communicating with participants using an interpreter, CRS, and other assistive technology (video phone or video remote interpretation).
- Provide instructions for documenting provision of interpreter services.
The obligation to train public contact staff on civil rights and reasonable accommodation apply to the county as well as the county's contractors and vendors that provide program benefits and services directly to clients. Special training that goes beyond standard civil rights and reasonable accommodation training should be given to staff whose job duties include more specialized disability-related activities, such as administering learning disability screenings. It is recommended that Employment Services caseworkers and those administering the OCAT complete training about implicit bias towards people with disabilities. It may be beneficial to also incorporate trauma-informed services and approaches, which emphasize being mindful of interactions with clients that may inadvertently make them feel unsafe, either physically or emotionally, or cause them to relive prior traumatic experiences.
Additionally, the county is encouraged to seek out staff training opportunities related to serving Refugee Cash Assistance (RCA)/ Entrant Cash Assistance (ECA) and Trafficking and Crime Victims Assistance Program (TCVAP) Cash Aid applicants/recipients, such as trainings on working with crime and trafficking victims with disabilities, providing culturally competent services to crime victims, understanding and accommodating PTSD, working across kanguage and cultural barriers, and delivering trauma-informed services. Appropriate training can prepare staff to recognize signs of trauma and respond in a way that avoids re-traumatization and promotes a sense of trust and safety.
Special Accommodations Poster
A Special Accommodations poster titled Need Help is required to be displayed in all office lobbies. The poster informs clients of their rights to notify county staff of a disability, such as hearing or speaking impairment; difficulty walking, sitting, or standing for a long time; the need for a sign language interpreter; the need for information in Braille; or assistance with completing a form or understanding complicated instructions. Staff is required to work with the client to find a way to help and accommodate the client. The contact information for the SSA Civil Rights Coordinator is included within the special accommodations office poster. The poster is also available in the DEBS Form’s Library. Refer to Section 504/ADA Coordinator (Civil Rights Coordinator) for additional information pertaining to role of coordinator.
In addition to the SCD 2372 poster, the Your Rights Under California Welfare Programs, is required to be at office lobbies and included in Intake/RRR packets. Refer to Intake/RRR Packets for additional information.
Disability/Special Accommodation Review Form
A review form titled Need Extra Help (SCD 2371) for special accommodations is to be used by DEBS staff to obtain information about 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 a client discloses a disability during any first contact with any employee, the employee must immediately share the information with the appropriate staff, who can then take steps to explore a special accommodation. The SCD 2371 is available on the DEBS Forms Library in SSA threshold languages.
Reminder: Staff must not require clients to use or sign the form in order to request an accommodation.