Title 16
1000 Administration
1006 Civil Rights and Non-Discrimination
In accordance with Title VI of the Civil Rights Acts of 1964, Section 504 of the Rehabilitation Act of 1973, and all pertinent requirements of the regulations of the U.S. Department of Health and Human Services (45CFR Part 80), DSS programs will include a Civil Rights Program that ensures that no individual will be denied any DSS services or excluded from any DSS program on the grounds of race, color, national origin, age, sex, disability, political belief, religion, or any other form of discrimination.
Specifically the Division of Social Services will not directly or through a contractual or other kind of arrangement on the grounds of race, color, national origin, age, sex, disability, political belief or religion:
1) Deny any person a DSS service;
2) Subject any person to segregation or separate treatment in any matter related to his/her receipt of services;
3) Restrict any person's employment of privileges enjoyed by others receiving DSS services; and
4) Treat any person differently from others in determining if that person satisfies any condition of eligibility that all persons must meet in order to qualify for services.
This applies to all intake and application procedures, caseload assignments, the determination of eligibility, the amount and kind of services made available, and in the use of all DSS physical facilities.
Included in the requirements of the Civil Rights Program are the activities of:
1) Temporary Assistance for Needy Families;
2) Medical Assistance;
3) General Assistance;
4) The Food Stamp Program;
5) Services to Families and Children;
6) Emergency Assistance Services;
7) Employment and Training/Work For Your Welfare Services;
8) Refugee Resettlement Program services include Refugee Cash Assistance (RCA).
1006.1 Non-Discrimination and Administrative Practices
The Division will not directly, or through contractual or other arrangements employ methods of administration which subject any person to discrimination because of race, color, disability, national origin, age, sex, political belief or religion. This applies particularly to the following:
1) Type of services to be provided under any program;
2) The class of person to who or the situation in which DSS services will be provided; and
3) The class of person to be given an opportunity to participate in any DSS program.
1006.2 Administration of the Civil Rights Program
The Director has responsibility for ensuring that the civil rights of all individuals in contact with the Division of Social Services are observed. Acting through administrative staff, the Director will coordinate the Division's Civil Rights Program and assure compliance with the requirements of the program by all Division of Social Services' staff and all other persons or organizations that perform services for the Division of Social Services.
An important part of the administration of the Civil Rights Program is the assurance that all aspects of the program are understood and implemented by DSS staff members and by all other persons and organizations that provide services for DSS. It is also essential that all applicants for and recipients of DSS services be freely informed of their rights of protection from discrimination and their rights of complaint in any case of discrimination.
1006.3 Civil Rights Information to Clients and Participants
We will give all applicants a copy of Form 113, Information on Fair Hearings and Civil Rights on the applicant's right to send a letter of complaint to the Director or to the Federal Department of Health and Human Services or to file an appeal and ask for a Fair Hearing in any situation when he believes he has been a victim of discrimination on the grounds of race, color, national origin, sex, religious creed, age, disability, political beliefs, or retaliation. If a person wants to make a civil rights complaint our staff will provide the person with our online civil rights complaint form.
The Division will publicize the Food Stamp Program complaint procedures and will ensure that all offices involved in administering the program and serving the public display the non- discrimination poster provided by FNS. In addition, the Division will ensure that participants and other low income households have access to information regarding non-discrimination statutes and policies within ten (10) days of the date of a request. Each individual who expresses an interest in filing a discrimination complaint shall be advised of the methods of filing complaints as stated in DSSM 1007.
11 DE Reg. 325 (09/01/07)
1006.4 Assurance of Civil Rights Program Compliance in Regional Operations
The Civil Rights Coordinator is responsible for ensuring that employees of the Division, both at the professional and clerical level who are directly in contact with applicants and recipients carry out the requirements of the Civil Rights Program under the supervision of the appropriate Operations Administrator. He will also maintain complete records of all complaints that are made and/or appeals and fair hearings that are requested on the grounds of discrimination.
As part of staff development and in the course of regular work activities, staff members will be instructed to be alert to instances of discrimination on account of race, color, disability, national origin, age, sex, political belief, or religion on the part of any individual, or organization from which the Division purchases any service, or to which the Division makes referrals for any kind of service. If any such instance of discrimination is discovered, the worker will send a full report to the Director via his supervisor and the Civil Rights Coordinator.
Individual vendors of any service purchased by the Division will be notified that all services must be provided without discrimination on account race, color, national origin, sex, religious creed, age, disability, political beliefs, or retaliation, and that payment will not be made unless such services are provided without discrimination.
11 DE Reg. 325 (09/01/07)
1006.5 Reports of Civil Rights Program
The Civil Rights Coordinator will prepare and submit required reports on all aspects of the Civil Rights Program, including complaints of discrimination received, appeals to the Division or to the Department of Health and Human Services, verification of discrimination, action taken and the results. Correspondence between the Division and agencies, or any communications on Civil Rights issues will be made available upon request. In addition, access to records and facilities will be provided to representatives of the Department of Health and Human Services as requested, for purposes of verifying compliance with the Civil Rights Act and Department of Health and Human Services Regulations. Reports will also be submitted to the Food and Nutrition Service (FNS) for each discrimination complaint processed at the State level which arises from the operation of the Food Stamp Program in Delaware. The report shall contain as much of the following information as is available to the Division: the name, address, and telephone number of the person alleging discrimination; the reason for the alleged discrimination; the nature and date of the incident or action that led the person to allege discrimination; and the names and addresses of persons who may have knowledge of the discriminatory act(s). The report must be sent to FNS within 90 days of the date DSS receives the complaint.
11 DE Reg. 325 (09/01/07)
1006.6 Civil Rights Program and Public Relations
The general public, including citizens interested in public welfare and civil rights, will be informed of the Civil Rights Program of the Division. The DSS Civil Rights policy is available on the State website at www.dhss.delaware.gov/dss.
Organizations interested in learning more about the Civil Rights Program of the Division will be furnished speakers from the administrative staff of the Department on request to the Director.
Posters will be displayed in all offices of the Division notifying all persons that assistance and services are provided by the Division to all eligible persons without regard to race, color, national origin, sex, religious creed, disability, political beliefs, or retaliation.
11 DE Reg. 325 (09/01/07)
13 DE Reg. 407 (09/01/09)
1006.7 Staff Development and the Civil Rights Program
The Division of Social Services Staff Development and Training Program will emphasize the role of the Civil Rights Program in all services provided to clients especially as it relates to the rights and privileges of each individual.
Both in its presentation of the legal and technical aspects of agency policy and procedures and in its analysis of case work attitudes and techniques, the Staff Development and Training Program will be administered at all times in such a way that emphasis is placed on the basic fact that all applicants and recipients, and all persons receiving any care or services from or through the Division, shall not be subject to discrimination of any kind on the grounds of race, color, national origin, sex, religious creed, age, disability, political beliefs, or retaliation.
11 DE Reg. 325 (09/01/07)
