1.16 Civil Rights Complaint Process

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(1) Administration

Policy Title:

Civil Rights Complaint Process

Policy Number:

1.16

Previous Policy Number(s):

N/A

Effective Date:

April 2024

Manual Transmittal:

2024-04

Codes/References

Section 504 of the Rehabilitation Act of 1973
Title II of the Americans with Disabilities Act of 1990, as amended (ADA)
U.S. Department of Justice regulations (28 CFR Part 35); 28 C.F.R. § 35.107
U.S. Department of Health and Human Services’ regulations (45 CFR Parts 80, 84, and 91);
45 CFR § 84.7
42 USC § 18116 (Section 1557)
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

Requirements

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

  1. Ensure that no individual is excluded from participation, denied the benefits, 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 (see policies 1.4 Administration: Non-Discriminatory Child Welfare Practices and 1.5 Administration: Americans with Disabilities Act (ADA)/Section 504 and Reasonable Modifications);

  2. Adopt a complaint procedure to provide for the prompt and equitable resolution of complaints that allege civil rights violations;

  3. Prohibit discouraging an individual from filing a Civil Rights complaint, and any form of retaliation against anyone who files a complaint or cooperates in the investigation of a complaint.

Procedures

All recipients of services, including prospective foster and adoptive caregivers, may file a civil rights complaint with DFCS or the Georgia Department of Human Services (DHS), as follows:

  1. Complaints may be written or verbal. The DFCS Civil Rights Complaint Form (Form 724) is used to document complaints when initially filed. Complainants are not required to use Form 724 for written complaints.

  2. Complaints filed with the County DFCS office must be forwarded to the State Office Civil Rights, ADA/Section 504 Coordinator within three business days of receipt.

  3. Complaints must be filed within 180 days from the date of the act of discrimination.

  4. All complaints based on national origin (e.g., limited English proficiency) must be forwarded to:

    Georgia Department of Human Services
    Office of General Counsel
    Program Manager
    Limited English Proficiency and Sensory Impaired Program
    47 Trinity Ave. S.W.
    Atlanta, Georgia 30334
    1-(877) 423-4746*

  5. Other discrimination complaints are to be forwarded to:

    Division of Family and Children Services
    DFCS Civil Rights, ADA/Section 504 Coordinator
    47 Trinity Ave. S.W.
    Atlanta, Georgia 30334
    1-(877) 423-4746*
    *Individuals who are deaf or hard of hearing may call 711 for an operator to connect with us.

  6. Complainants can also file complaints with the following federal agencies:

    U.S. Department of Health and Human Services
    HHS Director, Office for Civil Rights
    200 Independence Avenue, S.W.
    Room 515-F
    Washington, D.C. 20201
    (202) 619-0403 (voice)
    (800) 537-7697 (TTY)

    U.S. Department of Justice
    Civil Rights Division
    950 Pennsylvania Avenue, N.W.
    Washington, D.C. 20530-0001
    (888) 848-5306 - English and Spanish (Ingles y Español)
    (202) 307-2222 (voice)
    (202) 307-2678 (TDD)

Practice Guidance

Civil Rights Complaints

The State Civil Rights, ADA/Section 504 Coordinator will process all civil rights complaints in accordance with the DFCS Civil Rights Complaint Process, which can be accessed at dfcs.georgia.gov/document/document/3-3-22-civil-rights-complaint-process-english/download. After the conclusion of its investigation, the Civil Rights, ADA/Section 504 Coordinator will mail the Complainant a written decision letter. All complaints shall be processed and closed within 90 days of receipt of a written or verbal complaint.

Filing a civil rights complaint with DFCS does not preclude a complainant from filing a complaint of discrimination on the basis of disability with the U.S. Department of Health and Human Services, Office for Civil Rights. If assistance is needed in filing a civil rights complaint, the Civil Rights, ADA/Section 504 Coordinator can be contacted at 1-878-423-4746.

Foster and Adoptive Caregiver Support

Prospective or existing foster and adoptive caregivers who believe they have been subjected to discrimination (as prohibited by the Americans with Disabilities Act of 1990 (“ADA”) and Section 504 of the Rehabilitation Act of 1973) in the foster care and adoption programs may file a civil rights complaint with DFCS or the Georgia Department of Human Services (DHS). Complaints may be filed verbally or in writing. Individuals making the complaint do not have to use the Civil Rights Discrimination Complaint Form, but they do have to file their complaints within 180 days of the alleged act of discrimination. An individual should never be discouraged from filing a Civil Rights complaint.

In addition to partnering with DFCS and Foster Care Team members, there are two major organizations that provide support to foster and adoptive caregivers in Georgia: The Adoptive and Foster Parent Association of Georgia (AFPAG) and the Georgia Center for Resources and Support. They provide ongoing training and advocacy to foster and adoptive parents. Their websites provide contact information and a wealth of resources.

Forms and Tools

Adoptive and Foster Parent Association of Georgia
DFCS Civil Rights Complaint Process
DFCS Civil Rights Discrimination Complaint Form (Form 724)