3025 Americans with Disabilities Act (ADA) and Section 504

Georgia State Seal

Georgia Division of Family and Children Services
Civil Rights Policy Manual

Effective Date:

June 15, 2026

Policy Title:

Americans with Disabilities Act and Section 504 of the Rehabilitation Act

Next Review:

June 15, 2028

Policy Number:

3601

Previous Policy Number(s):

FS Policy 3025, MA Policy 2020, TANF Policy 1004

​Policy

It is the policy of the Georgia Department of Human Services (DHS), Division of Family and Children Services (DHS/DFCS) that no qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of DHS/DFCS programs, services, or activities.

​Scope

This policy addresses the responsibility of DHS/DFCS staff, including volunteers and interns, and its subrecipients, contractors, grantees, agents, and providers of services (Providers), who assist with or administer programs, services, and activities that fall under DHS/DFCS’ Office of Family Independence (OFI), to comply with disability laws and regulations, including but not limited to Title II of the Americans with Disabilities Act of 1990 (ADA), and Section 504 of the Rehabilitation Act of 1973 (Section 504). This policy is not applicable to DHS/DFCS Child Welfare and DHS Office of Human Resources (OHR) employment matters.

This policy replaces all prior DHS/DFCS civil rights provisions, policies, procedures, forms, or other documents that are inconsistent with or conflict with the provisions of this policy.

ADA and Section 504 provisions relating to child welfare matters are addressed in DHS/DFCS Child Welfare Policy 1.5.

ADA provisions relating to DHS employment matters are addressed in DHS OHR Policy 1704.

​Applicability

This policy applies to all DHS/DFCS OFI staff and its Providers, as required by law, contract, or agreement, who are involved with the administration of DHS/DFCS programs, services, and activities.

​Authority

This is not an exhaustive list of all civil rights authorities that may be applicable to DHS/DFCS programs and Providers. *

​Definitions

The terms used in this policy shall mean the following unless the context otherwise requires:

“ADA” means Title II of the Americans with Disabilities Act of 1990, a civil rights law which prohibits discrimination on the basis of disability in state and local government programs, services, and activities.

“Auxiliary aids and services” mean devices or services that enable effective communication for persons with disabilities including, but not limited to, qualified interpreters, notetakers, real-time computer-aided transcription services, assistive listening devices, Braille materials and displays, large print materials, qualified readers, taped texts, audio recordings, acquisition or modification of equipment or services, and other similar services and actions.

“Companion” means any family member, friend, or associate of a person seeking or receiving DHS/DFCS services who is an appropriate person with whom DHS/DFCS should communicate.

“Disability” means a physical or mental impairment that substantially limits one or more of an individual’s major life activities. The term also includes having a history or record of such an impairment or being regarded as having such an impairment even if an individual does not actually have such an impairment.

“Discrimination” means the act (or action), whether intentional or unintentional, through which an individual, solely because of race, color, age, sex, disability, national origin or any other protected class, has been otherwise subjected to unequal treatment under any program, service, or activity receiving federal financial assistance.

“Individual with a disability” under the ADA is defined as a person with a physical or mental impairment that substantially limits one or more major life activity; a person who has a record of such an impairment; or a person who is regarded as having such an impairment. The term individual with a disability does not include an individual who is currently engaging in the illegal use of drugs or alcohol.

“Major life activities” include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, reading, concentrating, learning, thinking, communicating, as well as the operation of bodily functions, such as neurological and brain functions.

“Mobility Aids and Other Power-Driven Mobility Devices” means any mobility device powered by batteries, fuel, or other engines… that is used by individuals with mobility disabilities for the purpose of locomotion, including golf cars, electronic personal assistance mobility devices… such as the Segway® PT, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a wheelchair.

“Qualified Individual with a Disability” is an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the Department.

“Qualified Interpreter” is an interpreter who, via a video remote interpreting (VRI) service or an on-site appearance, is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Qualified interpreters include, for example, sign language interpreters, oral transliterators, and cued-language transliterators.

“Reasonable modification” means a change in a policy, practice, or procedure that is made to offer equal access to a public entity’s programs, services, or activities for a person with a disability. A modification that fundamentally alters the nature of a service program, or activity; or a modification that results in an undue financial or administrative burden (applies only to recipients of federal financial assistance) is not a reasonable modification.

“Reasonable Modification and Communication Assistance Request Form” is a form, either in paper or electronic format that can be used, at the option of the constituent with a disability, to request a reasonable modification or communication assistance and for purposes of tracking the request and response.

“Request for Reasonable Modification and Communication Assistance” is any specific written or oral statement by or made appropriately on behalf of a constituent with a disability, including through the “Reasonable Modification and Communication Assistance Request Form” that indicates the individual has a disability for which he or she needs a reasonable modification or communication assistance to access all DHS/DFCS programs, benefits, or activities. A request for reasonable modification includes instances where the individual initiates the request for assistance.

“Section 504 of the Rehabilitation Act of 1973” or “Section 504” prohibits discrimination based on disability against otherwise qualified individuals on the basis of disability in all programs, services, and activities receiving federal financial assistance.

“Service Animal” means any dog that is individually trained to do work or perform tasks for the benefit of an individual with disabilities.

“Telecommunication Relay Service” (“TRS”) is a telephone service that allows individuals with hearing or speech disabilities to place and receive telephone calls. Georgia Relay (dial 7-1-1) is the TRS provided by the State of Georgia to make telecommunications accessible for individuals who are deaf, hard of hearing or have difficulty speaking at no cost to the TRS user.

“Video Remote Interpreting” (“VRI”) is an interpreting service that uses video conference technology over dedicated lines or wireless technology offering high-speed, wide-bandwidth video connection that delivers high-quality video images as provided in 28 C.F.R. § 35.160(d).

“Wheelchair” means a manually operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or of both indoor and outdoor locomotion.

​Requirements

DHS/DFCS must:

The following measures are required by DHS/DFCS to prevent discrimination based on disability and ensure equal access to DHS/DFCS programs and services:

1.COORDINATION OF SERVICES / SELF-ASSESSMENT / MONITORING

DHS/DFCS must designate an individual to serve as the point of contact for staff and the general public regarding ADA disability access matters and to coordinate implementation of this policy. Local government agencies and other public entities with whom the DHS/DFCS contracts that employ 50 or more persons must also designate at least one employee to coordinate its efforts to comply with the ADA. (Reference: 28 C.F.R. § 35.105)

DHS/DFCS and its Providers that receive federal financial assistance (FFA) from the USDA and that employ 15 or more individuals must also appoint a Section 504 coordinator to coordinate services and resources for constituents with disabilities (7 C.F.R. § 15b.6). DHS/DFCS and its Providers that receive FFA from the HHS and employ 15 or more individuals must also appoint a Section 504 coordinator to coordinate services and resources for constituents with disabilities (45 C.F.R. § 84.7 ). One person may coordinate implementing regulations, directives, and guidance for both statutes. The name, office address, and telephone number of the ADA/Section 504 Coordinator must be provided to all interested constituents.

The primary responsibilities of the District ADA/Section 504 Coordinator are listed in Attachment 1. The State DHS/DFCS ADA/Section 504 Coordinator must convene regular meetings with ADA/Section 504 Coordinators serving the DHS/DFCS local agencies and Providers that deliver services directly to the public. For a list of DHS/DFCS OFI District ADA Coordinators, please visit: {url-DHS/DFCS-rights}.

2.PUBLIC NOTIFICATION

DHS/DFCS and its Providers must notify constituents with disabilities about the availability of free reasonable modifications and auxiliary aids and services and how to request them in a format that constituents can understand. Notices must be provided in alternative formats upon request. DHS/DFCS and its Providers also must notify the public of the right to file a discrimination complaint.

DHS/DFCS and its Providers must post signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to a location at which they can obtain information about accessible facilities. The international symbol for accessibility must be used at each accessible entrance of a facility.

The DHS/DFCS Notice of ADA/Section 504 Rights is a notice that provides in formation regarding the rights of constituents with disabilities. The notice is available on Georgia Gateway, in all applications and renewal forms for Supplemental Nutrition Assistance Program (SNAP) also known as “Food Stamps”, Temporary Assistance for Needy Families (TANF), and Medicaid programs, in all county offices, and online at: {url-DHS/DFCS-rights}.

Copies of the Notice of ADA/Section 504 Rights and the Request for Reasonable Modification and Communication Assistance forms must be available in waiting rooms of local county offices. If requested, staff must read the Notice of ADA/Section 504 Rights to constituents who may be blind or visually impaired to ensure understanding. In addition, staff must complete or assist constituents in completing a Request for Reasonable Modifications and Communication Assistance form, if requested, due to a disability. [PC7.1][ER7.2] More information can be found online at: {url-DHS/DFCS-rights}.

Notices regarding a right to file a discrimination complaint must be posted in accordance with federal agency directives. Refer to Policy 3701 (DHS/DFCS Civil Rights Policy) in PAMMS. The joint U.S. Department of Agriculture (“USDA”), U.S. Department of Health and Human Services’ (“HHS”) Joint Notice of Nondiscrimination must be posted in accordance with FNS directives. It is located online at {url-DHS/DFCS-rights}.

The appropriate “And Justice for All” (AJFA) poster must be prominently displayed in all offices where there is a USDA presence and where it may be read by constituents. Please note that institutions participating in or administering USDA programs, such as SNAP, The Emergency Food Assistance Program (TEFAP), and the Commodity Supplemental Food Program (CSFP) are required to display the appropriate AJFA poster in their facilities where it can be viewed by constituents. Form AD-475-A corresponds to the AJFA poster that is applicable to the Commodity Supplemental Food Program (CSFP) and The Emergency Food Assistance Program (TEFAP). Form AD-475-B corresponds to the AJFA poster that is applicable to SNAP. All AJFA posters must be displayed in a specific size: 11” width x 17” height. Information can be found online at: www.usda.gov/about-usda/general-information/staff-offices/office-assistant-secretary-civil-rights/policy/and-justice-all. Contact the DHS/DFCS Food and Nutrition Director to obtain a hardcopy of the AJFA poster.

3.PROCEDURES FOR PROCESSING CONSTITUENT REQUESTS FOR REASONABLE MODIFICATIONS(S)

Reasonable modifications afford a constituent with a disability an equal opportunity to participate in all DHS/DFCS programs and receive all benefits and services for which that constituent is otherwise eligible. Providing a reasonable modification may take many forms including, but not limited to, policy or procedural modifications, deferral from certain activities, and extensions of deadlines. Examples of making reasonable modifications at the administrative level include making existing facilities readily accessible to and usable by a constituent with a disability and acquiring or modifying equipment.

With reasonable modifications, a constituent with a disability can participate fully in programs, services, and activities. Reasonable modifications are fact-specific and tailored to the constituent circumstances of the constituent with a disability.

  1. Requests for Reasonable Modification(s)

    1. Constituents with disabilities may require reasonable modifications to assist them with accessing DHS/DFCS programs and services, complying with program requirements, avoiding potential sanctions for noncompliance. All constituents have the right to request a reasonable modification.

      Assessing possible reasonable modifications is a collaborative, interactive process. The starting point should always be, if possible, the constituent’s preferred modification. The constituent’s preference should provide the context for determining what a reasonable modification might be. When processing a request for reasonable modification or communication assistance, staff must not request or require verification of a constituent’s or companion’s disability. While staff cannot ask constituents to identify their disability, staff may ask what major life activity is substantially impaired or limited by their disability.

    2. Constituents with a disability may direct a request for a reasonable modification to any appropriate DHS/DFCS staff member at any time. Constituents with a disability may make a request for reasonable modifications orally or in any written form. Staff who do not have access to Gateway, such as front desk workers, should forward the requests to an eligibility worker for processing.

    3. Constituents with a disability may also complete the Reasonable Modification and Communication Assistance Request Form (Form 101). Constituents are not required to use the form to make a request for reasonable modifications. Constituents may obtain the Reasonable Modification and Communication Assistance Request Form in constituent waiting rooms in each county DHS/DFCS office and Right from the Start Medical Assistance (RSM) location. The form is also available online at {url-DHS/DFCS-rights}.

      Staff must be able to provide the Reasonable Modification and Communication Assistance Request Form to a constituent upon request and may provide this form to a constituent if a staff member believes the constituent may require a reasonable modification. Forms are to be made available to constituents in alternate formats as requested (i.e. large print or Braille). Staff are required to assist constituents with the completion of Form 101, if necessary. If a constituent discloses a disability, staff members will inform the constituent of his/her right to make a request for reasonable modifications and will be provided examples of reasonable modifications.

    4. Once a constituent requests a reasonable modification, DHS/DFCS Office of Family Independence (OFI) eligibility staff are required to document any oral request or written requests for reasonable modifications in the constituent’s Gateway case file with the following information: The date(s) and type(s) of reasonable modifications requested by the constituent, the date a request for reasonable modification was granted or denied, the reason the request for reasonable modification was denied, if applicable, and the specific approved or denied reasonable modification(s).

      When a written request for reasonable modification is mailed, faxed, emailed, or hand-delivered to a local county DHS/DFCS office or other appropriate staff, that staff must forward the request to an eligibility worker for processing. Eligibility workers are required to review the constituent’s case file in Gateway prior to or during every interaction with the constituent and before taking any action on the constituent’s case. Current processes for documenting in Gateway for reasonable modifications can be found in the Gateway Training.

    5. If the constituent expresses a need for assistance related to a disability, expresses difficulty completing any task in the application/renewal process, and/or has a disability that is documented in Gateway, eligibility worker must provide assistance in filling out forms, explaining processes, and navigating services to the constituent.

      Staff are required to provide reasonable modifications to qualified constituents with a disability at every point of interaction with constituents in the OFI eligibility process, including inquiries about applications for benefits, whether in person, online, by telephone, or by mail.[PC19.1][ER19.2] Staff must assess requests for reasonable modifications as part of a collaborative, interactive process, applying a fact-specific, individualized analysis of the person’s circumstances and the modification requested to assist the constituent to access OFI programs and provide the necessary information to determine program eligibility. Decisions concerning a constituent’s request for a reasonable modification may incorporate the following factors, assessed cooperatively with the constituent: (1) how the constituent’s disability impairs access to OFI programs; (2) how the disability limits the constituent’s ability to comply with program eligibility procedures; (3) reasonable modification options that address those limitations; and (4) the effectiveness and feasibility of the proposed options. Provisions of reasonable modifications are based on a fact-specific inquiry that is to be assessed on a case-by-case basis and may be limited by regulation.

      All eligibility workers have the responsibility and authority to offer, grant, and implement necessary reasonable modifications to constituents with disabilities. DHS/DFCS staff do not have authority to grant a request for reasonable modification to program policy rules, such as income verification. Common examples of reasonable modifications, include, but are not limited to:

      • Assistance gathering documents required by the program to support initial and ongoing eligibility for benefits;

      • Flexible appointments and training requirements including scheduling appointments, so they do not conflict with constituent’s medical appointments, rehabilitation, or therapy;

      • Allowing constituents to reschedule appointments, potentially multiple times, when a disability prevents attendance;

      • Giving a constituent more time to submit documents or complete other tasks;

      • Reading and explaining notices, rights and responsibilities forms, and other program materials to the constituent, repeatedly, if necessary, to help ensure understanding;

      • Modifying work activities unless not authorized by program policy and regulations;

      • Providing access for persons with disabilities who rely on service animals, wheelchairs, mobility aids or Other Power-Driven Mobility Devices (OPMD).

  2. Denial of Request for Reasonable Modification(s)

    1. Only the DHS/DFCS Division Director or his/her designee has the authority to deny, in whole or in part, reasonable modification requests or otherwise refuse requests for reasonable modifications.

    2. DHS/DFCS and its Providers are not required to provide a reasonable modification that would fundamentally alter the program, service, or activity or result in an undue financial or administrative burden. The determination that undue burdens would result must be based on all resources available for use by DHS/DFCS or its Providers. If a modification request would cause an undue financial burden to a program or activity to the level that it would make continued operation of the program unfeasible, the modification need not be provided. However, denying a modification under the fundamental alteration exception should not result in the denial of access to the program or other benefits or services. DHS/DFCS and its Providers still must provide services to the person with a disability, as appropriate, to the maximum extent possible.

    3. If eligibility workers are unsure about whether a reasonable modification can or should be provided, they must consult with a supervisor at the time the request for reasonable modification is received or as soon as reasonably possible thereafter. If a supervisor agrees that a reasonable modification can and should be provided, the eligibility worker is required to provide the requested modification to the constituent. However, if the supervisor recommends that the request for reasonable modification be denied, the supervisor must submit the DHS/DFCS Reasonable Modifications (RM) and Communication Assistance (CA) Tracking Form and any supporting documentation with recommendations for review to the District ADA/Section 504 Coordinator.

      The District ADA/Section 504 Coordinator reviews the supervisor’s denial request and forwards the Reasonable Modification and Communication Assistance Request Tracking Form 102 (Attachment 3) to the State DHS/DFCS ADA/Section 504 Coordinator. For instructions on how to complete Form 101 and/or Form 102, please see Attachment 2. The State DHS/DFCS Civil Rights and ADA/Section 504 Coordinator will review the complaint involving request for reasonable modification and the recommendation for denial of the request and will consult with the appropriate DHS/DFCS OFI Program Unit Manager and/or OFI Deputy Commissioner. Only the DHS/DFCS Division Director or his/her designee has the authority to deny, in whole or in part, reasonable modification requests or otherwise refuse requests for reasonable modifications.

    4. After the final agency decision on the request for reasonable modifications is made, the DHS/DFCS District ADA/Section 504 Coordinator is responsible for drafting and providing a written decision to the constituent, after consultation with the State DHS/DFCS ADA/Section 504 Coordinator.

4. Procedures for Equally Effective Communication

DHS/DFCS and its Providers must ensure communications with applicants, participants, members of the public and companions with disabilities are as effective as communications with others.

The key to communicating effectively is to consider the nature, length, complexity, and context of the communication and the constituent’s normal method(s) of communication. This may also involve verifying that the communication is understood, using multiple methods of explanation to the constituent with a disability.

  1. Companion. In some situations, DHS/DFCS may communicate with a constituent’s companion with a disability. A companion is any family member, friend, or associate of a constituent seeking or receiving an entity’s goods or services who is an appropriate person with whom the entity should communicate.

    DHS/DFCS and its Providers must provide appropriate auxiliary aids and services when necessary to ensure effective communication with constituents with disabilities. This includes an obligation to provide effective communication to companions with disabilities. These auxiliary aids and services must be provided at no cost to the constituent and in a timely manner that protects the privacy and independence of constituents and their companions with a disability.

  2. Auxiliary Aids and Services. Auxiliary aids and services refer to the ways to communicate with people who have communication disabilities (e.g., DHS/DFCS constituents with hearing, vision, and speech disabilities). Auxiliary aids and services include but are not limited to qualified sign language interpreters, telephone handset amplifiers, assistive listening devices, closed caption decoders, real time captioning, TTY/TTD relay services for Deaf and hard-of-hearing, screen reader software, Braille, large print materials, alternative keyboards for constituents who are blind and have low vision.

    • Examples of auxiliary aids and services for people who are blind, have vision loss, or are DeafBlind might be: Providing a qualified reader, information in large print, Braille, or electronically for use with a computer screen-reading program, or an audio recording of printed information.

    • Examples of auxiliary aids and services for people who are Deaf, have hearing loss, or are DeafBlind might be: Providing a qualified note taker, a qualified sign language interpreter, oral interpreter (non-language), cued-speech interpreter, or tactile interpreter; real-time captioning; or written materials.

    • Examples of auxiliary aids and services for people who have speech disabilities might include: Providing a qualified speech-to-speech transliterator (a person trained to recognize unclear speech and repeat it clearly), especially if the person will be speaking at length, or just taking more time to communicate with someone who uses a communication board.

    Video remote interpreting (VRI) services also provide qualified interpreters. A public entity elects to provide qualified interpreters through VRI services, it must ensure that the computer, tablet or other device used complies with the technological requirements of the ADA at 28 C.F.R. § 35.160(d).

    Eligibility workers are required to provide application and renewal forms, system-generated individual and household communications and notices of decision (i.e. approvals, changes, terminations, and denials) and renewal notices in large print, Braille, audio format, or data format to qualified constituents with a disability upon request and as required by law.

    With respect to communication disabilities, state or local government agencies must give primary consideration to the constituent’s choice of auxiliary aid and service, unless it can demonstrate that another equally effective means of communication is available, or that the use of the means chosen would result in a fundamental alteration or a financial or administrative undue burden. [28 C.F.R. § 35.160(b)(2)]. If the choice expressed by the constituent with a disability would result in an undue burden or a fundamental alteration, the public entity still has an obligation to provide an alternative aid or service that provides effective communication if one is available. The decision that a particular aid or service would result in an undue burden or fundamental alteration must be made by the DHS/DFCS Division Director or his/her designee and must be accompanied by a written statement of the reasons for reaching that conclusion.

    Public accommodations (e.g. private community partner agencies) that provide DHS/DFCS services are encouraged to consult with the constituent with a disability to discuss what aid or service is appropriate. The goal is to provide an aid or service that will be effective, given the nature of what is being communicated and the constituent’s method of communicating.

    When an eligibility worker or other staff becomes aware that a constituent has a disability that substantially limits the constituent’s ability to see, hear or speak, the eligibility worker or staff must inquire as to the constituent’s potential need for auxiliary aids and services. If a constituent expresses a need for assistance related to a disability, or if the constituent has a disability that is documented in Gateway, eligibility workers who have access to Gateway are required to discuss the possible need for auxiliary aids and services with the constituent using the Gateway written prompts. If a constituent indicates that he or she does not wish to disclose or to discuss their disability, staff will not make further inquiries on these subjects.

    Constituents with disabilities may request an auxiliary aid or service by completing the Reasonable Modification and Communication Assistance Request Form (Form 101). Please refer to the Reasonable Modifications Section above for procedures handling documenting requests for assistance in Gateway.

  3. Interpreters. DHS/DFCS and its Providers must assure that any interpreter used to communicate with a DHS/DFCS constituent with a disability is qualified to do so. This includes qualified interpreters (i.e. American Sign Language, Signed Exact English (SEE) interpreters, oral interpreters, tactile interpreters, and Computer Assisted Real-time Transcription (CART)). When a constituent who is Deaf or hard-of-hearing notifies staff that the interpreter provided is not qualified to interpret for that constituent, either DHS/DFCS or its Provider staff must arrange for a qualified interpreter service or other appropriate auxiliary aid and service, as required by law.

    DHS/DFCS and Provider staff are prohibited from requiring a constituent to bring a person to serve as the interpreter. Staff will not rely on an adult accompanying a constituent with a disability to interpret or facilitate communications except (a) in an emergency involving an imminent threat to the safety or welfare of an individual or the public where there is no interpreter available, or (b) where the constituent with a disability specifically requests that the accompanying adult interpret or facilitate communication, the accompanying adult agrees to provide such assistance, and reliance on that adult for such assistance is appropriate under the circumstances.

    Staff will not rely on a minor child to interpret or facilitate communications with a constituent, except in an emergency involving an imminent threat to the safety or welfare of an individual or the public where there is no interpreter available.

5.WHEELCHAIRS, MOBILITY AIDS AND OTHER POWER-DRIVEN MOBILITY DEVICES

DHS/DFCS and its Providers must allow constituents with disabilities who use wheelchairs, mobility aids or other power-driven mobility devices (OPDMD) into all areas where the public is allowed to go, unless the entity can demonstrate that the particular type of device cannot be accommodated because of legitimate safety requirements. Such safety requirements must be based on actual risks, not on speculation or stereotypes about a particular class of devices or how constituents will operate them.

An OPDMD means any mobility device powered by batteries, fuel, or other engines – whether or not designed primarily for use by individuals with mobility disabilities – that is used by individuals with mobility disabilities for the purpose of locomotion.

Staff must consider these factors in determining whether to permit OPDMDs on their premises:

  • the type, size, weight, dimensions, and speed of the device;

  • the volume of pedestrian traffic (which may vary at different times of the day, week, month, or year);

  • the facility’s design and operational characteristics, such as its square footage, whether it is indoors or outdoors, the placement of stationary equipment, devices, or furniture, and whether it has storage space for the device if requested by the constituent;

  • whether legitimate safety standards can be established to permit the safe operation of the device; and

  • whether the use of the device creates a substantial risk of serious harm to the environment or natural or cultural resources or poses a conflict with Federal land management laws and regulations.

Communicate clearly to the public any OPDMD not permitted in an area where DHS/DFCS programs, services and activities are offered. Staff may not ask constituents using such devices about their disability but may ask for a credible assurance that the device is required because of a disability. If the constituent presents a valid, State-issued disability parking placard or card or a State-issued proof of disability, it must be accepted as credible assurance on its face. If the constituent does not have this documentation, but states verbally that the device is being used because of a mobility disability, that also must be accepted as credible assurance, unless the constituent is observed doing something that contradicts the assurance.

6.SERVICE ANIMALS

Under the ADA, a service animal is defined as a dog that has been individually trained to do work or perform tasks for a constituent with a disability. DHS/DFCS and its Providers must provide a constituent with a disability, who is accompanied by a service animal, an equal opportunity to participate in DHS/DFCS programs, services, and activities.

Staff may ask two questions in relation to a service animal:

  1. Is the dog a service animal required because of a disability?

  2. What work or task has the dog been trained to perform?

Service animals must be allowed in all areas of a facility where the public is allowed except where the dog’s presence would create a legitimate safety risk or would fundamentally alter the nature of a public entity’s services. Service animals may be excluded only if 1) the dog is out of control and the handler cannot or does not regain control; or 2) the dog is not housebroken. If a service animal is excluded, staff must allow constituents to enter the facility without the service animal.

A service animal must have a harness, leash or other tether, unless the handler is unable to use a tether because of a disability or the use of a tether would interfere with the service animal’s ability to safely perform its work or tasks. In these cases, the service animal must be under the handler’s control through voice commands, hand signals, or other effective means. If a service animal is excluded, the constituent with a disability must still be offered the opportunity to obtain goods, services, and accommodations without having the service animal on the premises.

Staff may not require constituents with disabilities to provide documentation, such as proof that the animal has been certified, trained, or licensed as a service animal, as a condition for entry. Service animals are not required to wear service animal vests or patches, or to use a specific type of harness.

Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the building. But, as with any reasonable modification, determination on how to address allegations involving allergies or other direct threat or safety concerns is done on a case-by-case basis.

7.MINIATURE HORSES

Although not service animals, miniature horses have similar protections under the ADA. DHS/DFCS and its Providers must permit access where reasonable for miniature horses that are individually trained to do work or perform tasks for constituents with disabilities. Federal regulations set out four assessment factors to assist staff in determining whether miniature horses can be accommodated in their facility. The assessment factors are (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the owner’s control; (3) whether the facility can accommodate the miniature horse’s type, size, and weight; and (4) whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility.

8.ACCESS TO WEBSITES AND ONLINE SYSTEMS

DHS/DFCS and its Providers must ensure program websites and online systems are accessible to constituents with disabilities. DHS/DFCS and its Providers should ensure that in-house staff and contractors responsible for web page and content development are properly trained. DHS/DFCS and its Providers must ensure that constituents who are disabled are able to request accessible information or services to the extent required by law. Information related to web page accessibility, including the current version of the Web Content Accessibility Guidelines (and associated checklists), can be found at www.w3c.org/WAI/Resources.

9.PHYSICAL ACCESS TO BUILDINGS AND FACILITIES

DHS/DFCS and its Providers must ensure constituents with disabilities are not excluded from programs and services because facilities are unusable or inaccessible to them. DHS/DFCS and its Providers must ensure that constituents with disabilities have access to programs and services under the same terms and conditions as constituents without disabilities. These entities must abide by the ADA Standards for Accessible Design.

10.SAFETY

DHS/DFCS and its Providers may impose legitimate safety requirements necessary for the safe operation of its services, programs, or activities. However, DHS/DFCS and its Providers must ensure that its safety requirements are based on real risks, not on speculation, stereotypes, or generalizations about constituents with disabilities.

11.DIRECT THREAT

The ADA does not require DHS/DFCS or its Providers to permit a constituent to participate in or benefit from the services, programs, or activities of DHS/DFCS when that constituent poses a direct threat to the health or safety of others (not to self).

Direct Threat means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices or procedures, or by the provision of auxiliary aids or services as provided in 28 C.F.R. § 35.139 (Title II) and 28 C.F.R. § 36.208 (Title III).

In determining whether a constituent poses a direct threat to the health or safety of others, DHS/DFCS and its Providers must make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence to ascertain: the nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk.

12.FUNDAMENTAL ALTERATION OR UNDUE BURDEN

The State agency, local agency, subrecipient and contractor are not required to modify its policies, practices, or procedures if the entity can demonstrate that making a reasonable modification due to a disability would fundamentally alter the nature of the service, program, or activity. If the modification requested would cause undue financial burden on the program or activity to the level that it would make continued operation of the program unfeasible, the modification need not be provided. However, denying a modification(s) under the fundamental alteration exception should not result in the denial of access to the program or other benefits or services.

The DFCS Division Director or his/her designee must make the decision that a particular aid or service would result in an undue burden or fundamental alteration to the service, program, or activity. The decision must include a written statement that details the reasons that support the determination. The State agency, local agency, sub recipients or contractors still must provide services to the maximum extent possible.

13.PROVIDE SERVICES IN THE MOST INTEGRATED SETTING

The integration of constituents with disabilities into the mainstream of society is a fundamental purpose of the ADA. DHS/DFCS and its Providers will administer its programs, services, and activities in the most integrated setting appropriate to the needs of qualified constituents with disabilities. This means providing services that avoid unnecessary separation or segregation of people with disabilities from the rest of the community to ensure equal opportunity or equally effective benefits and services.

14.STAFF TRAINING

For ADA training requirements, please refer to the DFCS Policy 3701 - Civil Rights.

15.ADA COMPLAINTS

All DHS/DFCS constituents and the public have a right to file a complaint of discrimination on the basis of race, color, national origin, age, sex, disability, or any other protected class, or for reprisal or retaliation for engaging in prior civil rights activity. For more information, please refer to the DFCS Civil Rights and ADA/Section 504 Complaint Process and the DFCS Civil Rights, ADA/Section 504 Complaint Form on the DFCS Nondiscrimination and Disability webpage at: DHS/DFCS.georgia.gov/adasection-504-and-civil-rights.

​Reponsibilities

While the DFCS Division Director is responsible for the Division’s Civil Rights and ADA/Section 504 compliance, all DHS/DFCS staff administering DHS/DFCS programs, services, and/or activities are required to adhere to the DFCS Civil Rights policy.

The DFCS Civil Rights and ADA/Section 504 Coordinator is the official designee responsible for ensuring the Division’s compliance with civil rights laws and regulations, including Title VI, the ADA, and Section 504. The Coordinator’s responsibilities include, but are not limited to investigating civil rights complaints, ensuring DHS/DFCS constituent requests for reasonable modifications, and the provision of auxiliary aids and services (e.g., assisting DHS/DFCS staff with constituents with disabilities).

In coordination with the DFCS Civil Rights and ADA/Section 504 Coordinator, designated DFCS District ADA/Section 504 Coordinators are responsible for providing support to the Office of Family Independence relating to compliance with disability laws. DFCS Child Welfare Regional ADA/Section 504 Coordinators provide related ADA support for child welfare services (adoptions, foster care, and/or child abuse and neglect).

The DFCS Quality Assurance Unit is responsible for providing Civil Rights and ADA/Section 504 compliance activities for DFCS’ Office of Family Independence.

Staff must report concerns, instances, and complaints of noncompliance with civil rights policies to the DFCS Civil Rights and ADA/Section 504 Coordinator. For questions regarding Civil Rights and ADA/Section 504 policies and procedures, contact the DFCS Civil Rights and ADA/Section 504 Coordinator at civilrights-ADAcoordinator@dhs.ga.gov.

​History

This policy replaces all other DFCS policies on the ADA, [PC28.1][ER28.2]including but not limited to, all prior DFCS Methods of Administration policies; DFCS Food Stamp Policy 3025 (General Program Overview: Americans with Disabilities Act (ADA) and Section 504); DFCS Medicaid Policy 2020 (General Medicaid Information: Americans with Disabilities Act (ADA) and Section 504); and DFCS TANF Policy 1004 (General Program Overview: Americans with Disabilities Act (ADA) and Section 504).

​Attachments

Attachment 1: DFCS District and State ADA/Section 504 Coordinator Duties
Attachment 2: Reasonable Modification and Communication Assistance Request Tracking Form (Form 102)
Attachment 3: ADA/RM Form 101 and 102 Instructions
Attachment 4: ADA RM Form 101 and 102 County Tracking Log
Attachment 5: US Department of Justice (DOJ) ADA Requirements: Effective Communication
Attachment 6: DOJ ADA Title II Primer
Attachment 7: DOJ Accessibility of State and Local Government Websites to People with Disabilities