Attachment 19 Division of Aging Services (DAS) and Division of Child Support Services (DCSS) Discrimination Complaint Process | LEPSI-2001-MANUAL

Notify the public that any constituent or representative may file a verbal or written complaint of discrimination with HHS by mail, fax, or e-mail. See below for information on where to file your Civil Rights or ADA/Section 504 complaint:

U.S. Department of Health and Human Services
Office for Civil Rights Centralized Case Management Operations
200 Independence Ave., S.W. Suite 515F, HHH Building
Washington, D.C. 20201
Customer Response Center: (800) 368-1019
Fax: (202) 619-3818
TDD: (800) 537-7697
Email: ocrmail@hhs.gov

To file a complaint electronically via the HHS Office of Civil Rights Complaint Portal:

ocrportal.hhs.gov/ocr/smartscreen/main.jsf

Any constituent or representative also may file a verbal or written complaint alleging unlawful discrimination (including if a constituent disagrees with decisions made regarding requests for reasonable modifications, auxiliary aids or services or believes DHS failed to provide a requested reasonable modification or communication assistance under the ADA/Section 504) by contacting his or her local DHS office or the following DHS state office:

Constituents have a right to free communication assistance to assist in filing a complaint. DHS staff must provide interpreters and translated information when communicating with constituents with limited English proficiency and auxiliary aids and services for constituents with disabilities.

Written complaints may be submitted to DHS via hand-delivery, facsimile, e-mail, US mail, or other delivery service utilizing the DHS Discrimination Complaint Form. DHS staff are required to provide the DHS Discrimination Complaint Form to a DHS constituent who requests such form. The DHS Discrimination Complaint Form is not required to make a written complaint. A complaint may also be submitted via letter or e- mail if that is the complainant’s/representative’s preferred method of communication. Additionally, DHS staff should notify the complainant that they may file a complaint with HHS.

If a complainant or representative makes the allegations verbally or in person, the DHS staff person to whom the allegations are made must write up the elements of the complaint using the DHS Discrimination Complaint Form. At a minimum, the DHS must obtain the following information:

All LEP and SI complaints must be forwarded within five (5) business days of receipt to the DHS LEP/SI Program Manager. Complaints must be logged in a manual or computerized tracking system and kept separate from program complaints. Anonymous complaints must be processed as any other complaint, to the extent feasible, based on available information.

The DHS LEP/SI Program Manager or designee will review each complaint to determine if it contains an allegation of discrimination on the basis of a protected class or retaliation or reprisal. Complaints that do not contain such allegations are forwarded to the appropriate office that logs and processes program complaints.

Within five (5) business days of receipt of a complaint for a DFCS SI related complaint, the DHS LEP/SI Program Manager will forward the complaint to the DFCS Civil Rights, ADA/Section 504 Coordinator or his/her designee to which an acknowledgment letter will be sent to the complainant. At a minimum, the acknowledgment letter must inform the complainant of any planned action, the timeframe for completing the investigation, and request additional information, if needed.

The DHS LEP/SI Program Manager must send the complainant a letter advising him/her of the investigative findings. The letter must also inform the complainant that if he/she does not concur with the results of the investigation, an appeal may be filed with the U.S. Department of Health and Human Services’ Office for Civil Rights. The letter must also include the Appeal Rights for each office.

In each final decision letter, DHS will notify the Complainant of his/her right to appeal such decision (including decisions on SI complaints made regarding requests for auxiliary aids and services or reasonable modifications or failing to provide a requested auxiliary aid and services or reasonable modification). Appeals information must be provided in an alternative format or language that the Complainant can understand.

Upon completion of the investigation, the investigator will work with local office management to recommend corrective action (if appropriate). If it is determined that the complainant was discriminated against on the basis of one of the protected classes, or that DHS personnel violated state or federal requirements, the DHS LEP/SI Program Manager will work with State, Regional and County management to ensure that a corrective action plan is prepared, implemented, and monitored to address the violations. DHS will abide by applicable HHS regulations and directives when ensuring the required corrective actions are achieved in a timely manner.

The DHS LEP/SI Program shall maintain a central file on all LEP and SI complaints processed by DHS. If maintained, county complaint files must be stored separately from program complaints in a central location for review by LEP/SI Program or federal Civil Rights offices. All Civil Rights complaints must be kept confidential and only accessible by authorized individuals.