1.4 Non-Discriminatory Child Welfare Practices

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(1) Administration

Policy Title:

Non-Discriminatory Child Welfare Practices

Policy Number:

1.4

Previous Policy Number(s):

N/A

Effective Date:

June 2023

Manual Transmittal:

2023-04

Codes/References

O.C.G.A. § 30-4-5 (2019) Prohibition on discrimination against legally blind in matters of child custody, guardianship, foster care, visitation, placement, and adoption
Age Discrimination Act of 1975
Amended Food Stamp Act of 1977
Section 504 of the Rehabilitation Act of 1973
Title II of the Americans with Disabilities Act of 1990, as amended (ADA)
Title VI of the Civil Rights Act of 1964
Title IV-E of the Social Security Act Section 471(a)(18)(A)(B); CFR 1355.38(a)
Title IX of the Education Amendments of 1972
U.S. Department of Justice regulations (28 CFR Part 35)
U.S. Department of Health and Human Services’ regulations (45 CFR Parts 80, 84, and 91)
U.S. Department of Health and Human Services, Office for Civil Rights and the Georgia Department of Human Services’ Settlement Agreement, OCR Transaction Number: 09-102792
Public Law 103-382 Multiethnic Placement Act of 1994 as amended by the Interethnic Adoption Provisions of 1996 (MEPA-IEAP)

Requirements

The Division of Family and Children Services (DFCS) will:

  1. Ensure that no individual is excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under programs, services and activities for which DFCS has responsibility on the grounds of race, color, national origin, sex, age, religion, or disability.

  2. In accordance with the requirements of Section 504 of the Rehabilitation Act of 1973 (“Section 504”) and Title II of the Americans with Disabilities Act of 1990 (“ADA”):

    1. Is prohibited from discriminating against qualified individuals with disabilities on the basis of disability in its services, programs, or activities;

    2. Assure that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of its services, programs, or activities, or be subjected to discrimination by any such entity;

    3. Make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless DFCS can demonstrate that making the modifications would result in a fundamental alteration in the nature of a service, program, or activity or undue financial and administrative burdens. The determination of whether a modification is reasonable depends on the specific facts of each case and is not based on generalizations and stereotypes.

      The term “reasonable modifications” is sometimes referred to as “reasonable accommodations.” (Refer to policy 1.5 Administration: Americans with Disabilities Act (ADA)/Section 504 and Reasonable Modifications for requirements and procedures for ADA and Section 504).

  3. Prohibit any form of retaliation, intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by Title VI, Section 504 or the Age Discrimination Act of 1975, or because the individual has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing;

  4. Ensure that all service recipients or potential service recipients who choose to file a complaint alleging discrimination are not denied their right to file a complaint (see policy 1.16 Administration: Civil Rights Complaint Process);

  5. As a recipient of federal funds used for adoption and foster care placements, ensure that its policies, practices and procedures adhere to the prohibition against discrimination as described in the Multiethnic Placement Act of 1994 as amended by the Interethnic Adoption Provisions of 1996 (MEPA-IEAP) and Section 471(1)(18) of Title IV-E of the Social Security Act, specifically Section 471(a)(18)(A)(B) which prohibits:

    1. The denial of any individual the opportunity to become a foster or adoptive parent on the basis of race, color or national origin of the parent or the child.

    2. The delay or denial of a placement of a child for adoption or into foster care on the basis of the race, color or national origin of the adoptive or foster caregiver or child involved.

    3. The maintaining of any statutes, regulations, policies, procedures or practices that, on its face, are a violation of this requirement.

      Compliance with the Indian Child Welfare Act of 1978 does not constitute a violation of the aforementioned requirements from Section 471(a)(18).

  6. Ensure that all state, regional and county staff participate in required Civil Rights, ADA, and MEPA-IEAP training on an annual basis to ensure that they understand the laws, regulations, procedures, and directives related to non-discriminatory practices;

    1. For information about Civil Rights training, county staff shall contact the County Director.

    2. The State DFCS Civil Rights, ADA/Section 504 Coordinator may be contacted as a secondary measure at 1-877-423-4746.

Please also refer to the DFCS policies MAN3700: Civil Rights and MAN3600: Americans with Disabilities Act and Section 504.

This policy of non-discrimination is equally applicable to all DFCS staff, volunteers, interns, contractors, grantees, agents and providers of services.

Procedures

DFCS staff, volunteers, interns, contractors, grantees, agents and providers of services shall ensure that all service recipients or potential recipients of services are:

  1. Treated fairly in the application and provision of child welfare services which include child protection and permanency;

  2. Provided with appropriate services based on the individual’s preferred language, for customers identified as limited English proficient (“LEP”) (see MAN 2001 Access Plan for Constituents with Limited English Proficiency (LEP) and Sensory Impairments (SI)).

    1. For language assistance (interpretation services) for the LEP and auxiliary aids for the sensory impaired, county staff should utilize one of the approved vendors based on the type of assistance needed. For a list of approved LEP/SI vendors, contact the LEP/SI program at lepsi@dhs.ga.gov.

    2. Requests for document translation should be e-mailed to Translation.DFCS@dhs.ga.gov.

  3. Adhere to procedures as outlined in policy 1.5 Administration: Americans with Disabilities Act (ADA)/Section 504 and Reasonable Modifications.

Practice Guidance

Legal authority assuring equitable participation in federally funded programs is provided in part from Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, U.S. Department of Justice regulations (28 C.F.R. Part 35), U.S. Department of Health and Human Services’ regulations (45 C.F.R. Parts 80, 84, and 91). However, the Division is conscious of a moral obligation to deliver all services, whether federally financed or not, in a non-discriminatory manner.

The DFCS Division Director assumes overall responsibility for Civil Rights assurance policy. Individual employees are hereby directed to perform their duties in accordance with the Division’s requirement. If additional information is needed regarding DFCS’ civil rights compliance, contact the DFCS State Civil Rights, ADA/Section 504 Coordinator at 1-877-423-4746.

Forms and Tools

N/A