Section I General Information

Scope

The Access Plan for Constituents with Limited English Proficiency (LEP) and with vision, hearing, or speech disabilities [sensory impairments (SI)] (the Access Plan) applies to all divisions and offices of the Department of Human Services (DHS or Department) for programs, services and activities provided by DHS, its local offices and its subrecipients unless otherwise noted.

Division of Family & Children Services (DFCS) employees are required to provide equally effective communication for constituents with disabilities in accordance with the DFCS ADA/Section 504 and Civil Rights policies and procedures found at: dfcs.georgia.gov/adasection-504-and-civil-rights.

Policy and Purpose

The policy of DHS is to provide meaningful access to constituents with LEP and equally effective communication for constituents with vision, hearing, or speech disabilities [SI] within all programs and activities conducted or supported by the Department. Please refer to Policy 2001: Limited English Proficiency and Sensory Impairment (LEP/SI) Program Policy (“Policy”).

The purpose of the Access Plan is to demonstrate the department’s commitment to ensuring that constituents with LEP and SI receive meaningful access and equally effective communication when engaging with all programs and activities within the department. The Access Plan will outline key information and procedures for staff to reference, helping to facilitate meaningful access and effective communication for these constituents.

Meaningful access generally refers to the provision of reasonable language assistance services that enables an LEP individual to have substantially equal participation in and access to the benefits of the Department’s programs and activities. Language assistance services are meaningful when they are provided at a time and place that avoids the effective denial of the service, benefit, or right at issue or the imposition of an undue burden on or delay in important rights, benefits, or services to the LEP person.

Equally effective communication with constituents with SI occurs through the provision of appropriate auxiliary aids and services. The goal is to ensure that individuals with SI can communicate with, receive information from, and convey information to staff as effectively as individuals without disabilities when accessing the Department’s programs and activities. The key to communicating effectively is to consider the nature, length, complexity, and context of the communication and the person’s normal method(s) of communication. This is accomplished on a case-by-case basis.

The Access Plan is in place to ensure LEP and/or SI constituents who need language assistance services (interpretation and translated materials) or auxiliary aids and services (e.g., sign language interpreters) receive qualified, competent, and timely services. The constituent contact points for communication assistance services include, but are not limited to:

  • Program intake

  • Assessments (eligibility, diagnostic)

  • Service plan development

  • Discharge planning

  • Caseworker and care coordinator contacts

  • Home visits

  • Field contacts

  • Telephone contacts

  • Nutrition education classes

  • Employment and training services

  • Appointments with custodial and non-custodial parents

  • Fair hearings and administrative procedures

  • Court hearings involving child support

  • Disaster/emergency response activities

The Policy and the Access Plan are consistent with Federal laws and guidance prohibiting discriminatory practices on the basis of race, color, national origin, and disability in programs and activities receiving Federal financial assistance. For SI compliance, the Policy and Access Plan are also consistent with Federal laws and guidance prohibiting discrimination on the basis of disability by state and local governments (public entities) and public accommodations.

The Access Plan consists of seven sections:

Section I includes the scope, policy, purpose, legal authority, and glossary of terms.

Section II addresses needs assessment to identify where language assistance services and auxiliary aids or services needed, as well as the structure to support meaningful access and equally effective communication.

Section III establishes the Department’s procedures for taking reasonable steps to provide meaningful access for constituents with LEP and equally effective communication for constituents and companions with SI.

Section IV provides guidance on posting notices in all offices within the Department as well as on digital platforms.

Section V provides information regarding training for Department staff particularly those who are in a constituent facing role.

Section VI identifies the need for evaluation to continually improve upon serving constituents with LEP and SI.

Section VII contains all attachments referenced in the Access Plan.

Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000 et seq.; 28 C.F.R. §§ 42.101 et seq.; 45 C.F.R. § 80; and 7 C.F.R. §§ 15.1 et seq.:

Title VI prohibits recipients of Federal financial assistance from discriminating on the basis of race, color, or national origin. Title VI applies to intentional discrimination and policies, practices or procedures that have a disparate impact on the basis of race, color, or national origin. (Requiring information regarding citizenship or immigration status, and requests for social security numbers which are immaterial to eligibility determinations, may have an adverse effect on the basis of national origin).

Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §§ 794 et seq.; 28 C.F.R. §§ 42.501 et seq.; 45 C.F.R. §§ 84.1 et seq. and 7 C.F.R. §§ 15b et seq.:

Section 504 protects “qualified” individuals from discrimination by Federally assisted programs based on disability. Under this law, a person with a disability is any person who (i) has a physical or mental impairment which substantially limits one or more major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment. Major life activities include functions such as caring for one’s self, performing manual tasks walking, seeing, hearing, speaking, breathing, learning, and working. 28 C.F.R. §§ 42.540(k) et seq. 39.103.

Section 1557 of the Patient Protection and Affordable Care Act, 42 U.S.C. § 18116(a):

Section 1557 and its implementing regulation provide that an individual shall not be excluded from participation in, be denied the benefits of, or be subjected to discrimination on the grounds prohibited under Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d et seq. (race, color, national origin), Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq. (sex), the Age Discrimination Act of 1975, 42 U.S.C. §§ 6101 et seq. (age), or Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (disability), under any health program or activity, any part of which is receiving federal financial assistance; any program or activity administered by the Department under Title I of the Act; or any program or activity administered by any entity established under such Title. Section 1557 prohibits discrimination on the basis of race, color, national origin, age, disability, or sex (including pregnancy, sexual orientation, and gender identity), in covered health programs or activities.

Title II of the Americans with Disabilities Act of 1990, as amended, by the ADA Amendments Act of 2008, 42 U.S.C. §§ 12132 et seq.; 28 C.F.R. §§ 35.101 et seq.:

The ADA provides Federal civil rights protections to constituents with disabilities like those provided to constituents on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for constituents with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications.

Title II of the ADA prohibits discrimination on the basis of disability by public entities, such as state and local governments.

Title III of the ADA prohibits discrimination on the basis of disability by public accommodations.

A constituent is considered to have a “disability” if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment. For example, persons with Human Immunodeficiency Virus (HIV) disease, both symptomatic and asymptomatic, may have a physical impairment that substantially limits one or more major life activities.

Under the ADA Amendments Act, major life activities include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, writing, communicating, interacting with others, and working; and the operation of a major bodily function, such as the functions of the immune system, special sense organs and skin, normal cell growth, and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive systems. The operation of a major bodily function includes the operation of an individual organ within a body system (28 C.F.R. §§ 35.108(c) et seq.).

Food and Nutrition Act of 2008, as amended, 7 U.S.C. §§ 2011 et seq.; 7 C.F.R. §§ 272.4(b) et seq. and 7 C.F.R. §§ 272.6 et seq.:

Section 11(c) of the Food and Nutrition Act provides nondiscrimination protections for Supplemental Nutrition Assistance Program (SNAP) households to the effect that no person in the United States shall, on the grounds of sex, race, color, age, political belief, religious creed, disability, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subject of discrimination in SNAP.

Presidential Executive Order 14224 “Designating English as the Official Language of the United States”:

Executive Order 14224 designates English as the official language of the United States and became effective March 1, 2025. The Order does not require or direct any changes to language services provided by DHS.

DHS remains committed to ensuring meaningful access to its programs and services for individuals with Limited English Proficiency (LEP) and will continue to provide language assistance as necessary to effectively serve all constituents.

Glossary of Terms

ADA

The Americans with Disabilities Act of 1990 (ADA), as amended by the ADA Amendments Act of 2008, prohibits discrimination on the basis of disability, in employment (Title I), by state and local governments (public entities) (Title II), and by places of public accommodation (Title III). See DOJ regulations at 28 C.F.R. 35 (Title II) and 28 C.F.R. 36 (Title III).

Auxiliary Aids and Services

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 embossers, text to Braille converter, large print materials, alternative keyboards for individual who are blind and have low vision.

Bilingual employee

An employee who has demonstrated proficiency in speaking English and one other language.

Braille

A system of touch reading for the blind, which employs embossed dots evenly arranged in quadrangular letter spaces or cells.

Companion (ADA)

A family member, friend, or associate of a constituent seeking access to a service, program, or activity of a public entity, who, along with such individual, is an appropriate person with whom the public entity should communicate.

Constituents

All persons seeking or receiving assistance or services from DHS.

Covered Entities

Covered entities include institutions, programs, and service providers receiving federal financial assistance from federal agencies such as the U.S. Department of Health and Human Services and U.S. Department of Agriculture, public entities (i.e. state and local government human service agencies), and public accommodations that administer or deliver DHS programs, activities and services.

Direct “In-Language” Communication

Monolingual communication in a language other than English between a multilingual staff and a constituent with LEP (e.g., Russian to Russian).

Disability

A physical or mental impairment that substantially limits one or more of the major life activities of such individual, a record of such an impairment, or being regarded as having such an impairment (28 C.F.R. 35.108 and 28 C.F.R. 36.105).

Federal Financial Assistance

Federal financial assistance means assistance that non-Federal entities receive or administer in the form of grants, contracts, loans, loan guarantees, property, cooperative agreements, food commodities, direct appropriations, or other assistance, but does not include a tax credit, deduction, or exemption.

Interpretation

The act of listening to communication in one language (source language) and orally converting it to another language (target language) while retaining the same meaning. Interpreting is the process of understanding and analyzing a spoken or signed message and re-expressing that message effectively, accurately, and impartially in another language, using any necessary specialized vocabulary, taking the social and cultural context into account.

Language

Refers to the method by which a constituent communicates with another through speech, written communication or gestures and includes languages other than English.

Language Assistance Services

Oral and written language services needed to assist constituents with LEP to communicate effectively with staff, to provide constituents with LEP with meaningful access, and an equal opportunity to participate fully in, the services, activities, or other programs administered by DHS.

Limited English Proficient (LEP)

A constituent who does not speak English as their primary language and has a limited ability to read, speak, write, or understand English. For example, a constituent with LEP may be competent in English for certain types of communication (e.g., speaking or understanding), but is still considered LEP for other purposes (e.g., reading or writing).

Meaningful Access

Meaningful access to programs and services is the standard of access required of federally funded entities to comply with language access requirements of Title VI of the Civil Rights Act of 1964. Meaningful access is accomplished by providing constituents with LEP with reasonable, timely, appropriate, accurate and effective language assistance services (qualified, competent interpreters and translated materials) at no charge when accessing DHS’ programs and activities. Language assistance services are meaningful when they are provided at a time and place that avoids the effective denial of the service, benefit, or right at issue or the imposition of an undue burden on or delay in important rights, benefits, or services to the constituent with LEP.

Multilingual employee

An employee who has demonstrated proficiency in speaking English and at least two other languages.

Mystery Shopper

A contractor selected by DHS whose staff visits offices posing as a constituent with LEP who is seeking access to programs and services for the purpose of collecting information to assess compliance for civil right provisions.

Public accommodation

A government-owned organization, facility,or business that provides services to the public; or a private entity that owns, leases (or leases to), or operates a place of public accommodation. Private entities that own, operate, lease, or lease to a place of public accommodation, such as a private hospital, doctor’s office, pharmacy, place of lodging, retail store, library, private school, or day care center.

Public entity

(1) Any State or local government; (2) Any department, agency, special purpose district, or other instrumentality of a State or States or local government.

Qualified Interpreter (for Disability)

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.

Qualified Interpreter (for LEP)

A qualified interpreter is a highly trained individual who mediates spoken communication between people speaking different languages without adding, omitting, or distorting meaning or editorializing. A qualified interpreter is competent to provide interpretation services at a level of fluency, comprehension, impartiality, and confidentiality appropriate to the specific nature, type, and purpose of the information at issue. Bilingual/Multilingual staff who serve as interpreters should also be competent in the skill of interpreting.

Qualified Reader (for Disability)

A person who is able to read effectively, accurately, and impartially using any necessary specialized vocabulary.

Qualified Translator (for LEP)

A highly trained individual who is able to render text from a source language into a target language while preserving meaning and adhering to generally accepted translator ethics and principles, including confidentiality.

Reasonable Steps

The steps necessary to ensure meaningful access for constituent with LEP based on a self-assessment of four factors: (1) The number or proportion of LEP persons eligible to be served or likely to be encountered within the area serviced by the recipient; (2) The frequency with which LEP persons come in contact with the program or activity; (3)The nature and importance of the program, activity, or service to people’s lives; and (4) The resources available to the recipient and costs. The level of resources and the costs may have an impact on the type of language assistance provided. Smaller agencies with more limited budgets are not expected to provide the same level of language services as larger agencies with larger budgets. In addition, "reasonable costs" may become "unreasonable" where the costs substantially exceed the benefits. DHS and its subrecipients must take reasonable steps to ensure meaningful access to DHS programs and activities. Providing no assistance may result in discrimination on the basis of national origin violation of Title VI. See (DOJ) 28 C.F.R. 42; (USDA) 7 C.F.R. 15; and (HHS) 45 C.F.R. 80.

Section 504

Section 504 of the Rehabilitation Act of 1973, as amended, (29 U.S.C. § 794) prohibits discrimination on the basis of disability by recipients of federal financial assistance. See (DOJ) 28 C.F.R. Part 42; (USDA) 7 C.F.R. 15b; and (HHS) 45 C.F.R. Part 84.

Sensory Impaired (SI)

Refers to constituents who have disabilities vision, hearing, or speech disabilities, such as deaf, deafened, hard of hearing, blind, low vision, or deaf/blind, and/or speech impairments.

Telecommunications Relay Service

Staff must receive and respond to calls made by persons with hearing or speech disabilities through the free nationwide telecommunications relay services (TRS), which can be reached by calling 7-1-1. Staff must respond to telephone calls from a TRS in the same manner that it responds to other telephone calls. Staff must be trained on how to receive all forms of TRS, including Text-to-Voice TTY-based TRS, Voice Carry Over, Hearing Carry Over, Speech-to-Speech Relay Service, Shared Non-English Language Relay Services, Captioned Telephone Service, IP Captioned Telephone Service, Internet Protocol Relay Service, and Video Relay Service (VRS).

TDD/TTY

Telecommunications Device for the Deaf or Teletypewriter is a device which allows conversation to take place over the telephone by sending typed messages through phone lines to the TDD/TTY screen.

Title VI

Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) prohibits discrimination on the basis of race, color, national origin by recipients of federal financial assistance. See (DOJ) 28 C.F.R. § 42; (USDA) 7 C.F.R. § 15; and (HHS) 45 C.F.R. § 80).

Translation (Written)

The replacement of written text from one language (source language) into an equivalent written text in another language (target language).

Translation (Sight)

Oral rendering of written text into spoken language by an interpreter without change in meaning based on a visual review of the original text or document.

Transliterator

A person who represents letters or words in the corresponding characters of another alphabet. The term is commonly used to designate a person who transcribes written documents into Braille (American Heritage Dictionary). A qualified speech-to-speech transliterator is a person trained to recognize unclear speech and repeat it clearly.

Video Relay Service (VRS)

A free, subscriber-based service for constituents who use sign language and have videophones, smart phones, or computers with video communication capabilities. For outgoing calls, the subscriber contacts the VRS interpreter, who places the call and serves as an intermediary between the subscriber and a person who uses a standard voice telephone. The interpreter tells the telephone user what the subscriber is signing and signs to the subscriber what the telephone user is saying.

Video Remote Interpreting (VRI)

A fee-based interpreting service that uses video conference technology to access an off-site interpreter to provide real-time sign language or oral interpreting services for conversations between hearing constituents and constituents who are deaf or have hearing loss over dedicated lines or wireless technology offering high-speed, wide-bandwidth video connection that delivers high-quality video images. If VRI is chosen, all the regulatory performance standards must be met. See 28 C.F.R. 35.160(d)(1-4).

Vital Document

Paper or electronic written information and material that contains information that is critical for accessing a component’s program or activities or is required by law. Whether or not a document (or the information it solicits) is ‘‘vital’’ may depend upon the importance of the program or activity, information, encounter, service, or benefit involved, and the consequence to the constituent with LEP if the information in question is not provided accurately or in a timely manner.