Title 16
1000 Administration
Any person applying for or receiving any DSS services who believes he/she has been the victim of discrimination on account of race, color, national origin, sex, religious creed, age, disability, political beliefs, or retaliation may file a complaint directly or with the assistance of an individual, group, or agency representing the complainant, in accordance with the procedure outlined below.
11 DE Reg. 325 (09/01/07)
1007.1 Right to File Complaint
The right to file a complaint alleging discrimination on account of race, color, national origin, sex, religious creed, age, disability, political beliefs, or retaliation applies to the following:
a) All applicants for and recipients of cash assistance.
b) All applicants for and recipients of food stamps.
c) All applicants or recipients who are participating in demonstration projects.
d) All persons applying for or receiving any service furnished by or through the Division.
e) Any individual, group, organization, or agency acting on their own account or on behalf of any person receiving any service of the Division.
11 DE Reg. 325 (09/01/07)
1007.2 Methods of Filing Complaints
1) The complainant may write a letter addressed to the Director, Division of Social Services or may use the Division’s online Civil Rights / Discrimination Complaint Form 840. The letter or complaint form will describe fully the kind of discrimination alleged, when and where such discrimination took place, and any pertinent facts and circumstances in connection with the alleged discrimination. The letter will be signed by the person making the complaint. A complaint regarding the Food Stamp Program may be initiated verbally. However, the complaint must eventually be reduced to writing for recordkeeping purposes.
2) The complainant may write a letter addressed to the Federal Department of Health and Human Services in Washington, DC or in the Region III office in Philadelphia, giving all facts and circumstances of the discrimination complained of, as stated in (1) above.
3) Individuals who believe they have been subject to discrimination in any aspect of the Food Stamp Program may file a verbal or written complaint with the Secretary or the Administrator, Food and Nutrition Service (FNS), Washington, DC 20250 and/or with the Division as stated in (1) above. Complaints will contain the following information: The name, address, and telephone number of the person alleging discrimination; the name and location of the office or organization accused of the discriminatory practice and the nature of the incident or acts which resulted in the allegation; the date(s) on which the incident occurred; the names of persons who have knowledge of the alleged discriminatory acts, and the basis of complaint (e.g., race, color, etc.).
4) The complainant may file an appeal and ask for a fair hearing in accordance with the established policies and procedures of the Division on appeals and fair hearing.
5) The complaint must be filed within 180 days of the alleged discriminatory act.
11 DE Reg. 325 (09/01/07)
1007.3 Methods of Handling Complaints
The Civil Rights Coordinator will study and evaluate all complaints alleging discrimination on account of race, color, national origin, sex, religious creed, age, disability, political beliefs, or retaliation.
If the complaint is over the operation of the Delaware Food Stamp Program, the Civil Rights Coordinator will provide the complaint to the Regional Office of the United States Department of Agriculture.
If the complaint is over the operation of the Medicaid program, the Civil Rights Coordinator will provide the complaint to the Secretary of the Department of Health and Human Services.
For all other DSS complaints, the Civil Rights Coordinator will provide the complaint to the Division of Social Services Director.
11 DE Reg. 325 (09/01/07)
1007.4 Records of Complaints
We will maintain records of complaints on grounds of discrimination based on color, national origin, sex, religious creed, age, disability, political beliefs, or retaliation. The records will show the action taken on the complaint, any investigation conducted, the findings and any subsequent action.
11 DE Reg. 325 (09/01/07)
1007.5 Confidentiality of Complaints
We will safeguard the identity of the complainant except to the extent necessary to carry out the above complaint procedures.
11 DE Reg. 325 (09/01/07)
1007.6 Other Complaint Procedures
Applicants and participants, may file complaints, other than complaints based on discriminatory practices or complaints that may be pursued through a fair hearing, by filing a complaint, in writing, within thirty (30) days of the alleged action or inaction, with the Division of Social Services Customer Relations Manager, Lewis Building. The thirty day time limit begins on the date the complainant becomes aware, or should have become aware, of the agency action and may be extended by the Customer Relations Manager for good cause such as, but not limited to, complaints about office hours, office locations or discourteous treatment, or situations which may involve overtime. The Customer Relations Manager will review the complaint, take appropriate action and respond to the complainant on the disposition of the complaint.
11 DE Reg. 325 (09/01/07)
