San Joaquin County
Division 21
INDEX
Laws & Statutes
My Role
Purpose & Definition
ADA
Prohibited Practices
ADA Compliance
Complaint Process
Language Barriers
ADA Accommodations
Important Names
Conclusion
Good bye
10
11
12
Div 21 Purpose
The purpose of Division 21 regulations are to ensure that the administration of public assistance and social services programs are nondiscriminatory, and that no person shall, because of race, color, national origin, ancestry, sexual orientation, political affiliation, religion, marital status, sex, age, domestic partnership, ethnic group identification, medical condition, genetic information, gender identity, gender expression, citizenship, primary language, immigration status or disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal or state financial assistance.
Division 21 rules apply to all employees at:
- The California Department of Social Services (CDSS).
- The San Joaquin County Human Services Agency. (HSA)
- Any agency receiving federal or state financial assistance through CDSS for the administration of social services, public assistance, food stamps, child support enforcement, and/or fraud investigation.
Types of Discrimination
- Marital Status
- Gender Identity
- Gender Expression
- Citizenship
- Primary Language
- Immigration Status
- Sex
- Age
- Disability
- Domestic Partnership
- Ethnic Group
- Medical Condition
- Genetic Information
- Race
- Color
- National Origin
- Ancestry
- Sexual Orientation
- Political Affiliation
- Religion
Federal Laws & State Statutes
State and Federal
"California Civil Code, Section 51 et seq. Government Code 11135 et seq.
Government Code Section 4450.
Government Code Section 12940 (c), (H)(1), (i), and (j)."
"Age Discrimination Act of 1975; Food Stamp Act of 1977; Removal of Barriers to Inter Ethnic Adoption of 1996"
CA State Statutes
Federal Laws
"Title 22, California Code of Regulations Section 98000 -998413.
Dymally-Alatorre Bilingual Services Act.
Title 24, CCR, Office of the State Architect. Welfare and Institutions Code, Section 10,000"
"Title IV, Civil Rights Act of 1964; Rehabilitation Act of 1973; Americans with Disabilities Act of 1990"
Federal Laws
CA State Statutes
EW Role in Div 21
Staff must inform all:
applicants, recipients, community organizations, and other interested persons of the provisions of Division 21 and how it is applicable to the programs and activities in which individuals receive federal or state financial assistance.
+info
Prohibited Practices
The County may not:
Treat an individual differently, whether he/she satisfies any admission, enrollment, eligibility, or other requirement or condition which individuals must meet in order to be provided any benefit or service.
Use criteria or methods of administration which have the effect of defeating or impairing the objectives of a program or activity.
Deny an individual an opportunity to participate in any program or activity through the provision of services or otherwise afford him/her an opportunity to do so which is different from that afforded to others under the program or activity.
Deny an individual the opportunity to be a member of an advisory board which is an integral part of any program.
The County may not:
Deny an individual any benefit or service they are eligible to receive.
Subject an individual to separate treatment in any matter related to his/her receipt of any benefit or service.
Provide aid, benefits, or services to an individual or group which is different than that provided to others, unless such action is necessary to provide otherwise qualified individuals or groups with aid, benefits, or services that are as effective as those provided to others.
Restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others.
Americans with Disabilities Act
ADA
Congress recognized that physical and mental disabilities in no way diminish a person’s right to fully participate in all aspects of society.
Americans with Disabilities Act (ADA) of 1990
Definition
The County shall ensure that programs and activities, as well as the facility itself, are readily accessible to individuals with disabilities.
Accessibility may be accomplished by providing services at alternate sites, e.g., home visits or other department offices that are accessible.
+info
ADA Compliance
ADA Compliance
Adding curb cuts in sidewalks and entrances
Increasing accessible parking spaces
Adding ramps and handrails
Installing visual and auditory emergency alarms
Widening of doors and adding accessible door hardware
ADA Compliance
+info
Creating signage that is the appropriate size and contrast to assist individuals with a visual impairment in locating offices
ADA Accommodations
The County must make every effort to ensure that clients with special needs are provided appropriate accommodations and to document the accommodation. Special needs accommodations include, but are not limited to:
Providing low countertops for forms completion for clients in wheelchairs.
Providing large print/Braille publications, if available from the state.
Providing auditory aids, if available from the state.
+info
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Form HSA 36, Documentation of Special Accommodation for Client, must be completed and imaged into case record for clients indicating a need for special accommodations (Admin Handbook F-25).
Additional ADA Accommodations
When identifying whether an applicant/recipient has a disability, it is important for staff to ask the applicant/recipient if they are experiencing a challenge or need assistance.
The staff can then provide appropriate assistance.
+info
ADA Public areas must be accessible and identified by the international symbol of accessibility.
Entrances/Exits
Reception/Waiting/Play rooms
Parking Lots
Public Restrooms/Drinking Fountains
Elevators
Interview Booths
Language Barriers
The same level of service
Quality of Services Provided
The same level of service must be provided to non-English speaking and disabled individuals as is provided to the client population at large.
County must ensure that effective bilingual/interpretive services are provided to serve the needs of the non-English speaking population and individuals with disabilities. This includes persons who are deaf or hearing impaired.
VS
+info
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Language Services
Languages spoken that are less than 5% of the local population: The County must ensure that bilingual services are provided.
An applicant/recipient may provide an interpreter but is not required to do so.
Forms and written materials shall be provided in the client’s primary language when available from CDSS.
The County must provide translated information when required or requested.
5%
Languages spoken that are over 5% of the local population:Qualified bilingual employees shall be assigned to public contact positions to communicate in the required language.
Language Services
Interpreter Services
Hearing/Speech Impaired
Minor Interpreter
+info
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Documentation Guidelines
Case documentation must: Identify the applicant’s/recipient’s ethnic origin and primary language.
Identify if disabled, and document request for auxiliary aids and services.
Identify the individual’s acceptance or refusal of forms or other written material offered in the individual’s primary language.
Identify the method used to provide bilingual and/or sign language services.
Identify if an individual uses their own interpreter, inform of potential problems of ineffective communication, and document that the individual was informed.
Identify the consent for the release of information when the interpreter used is not a County employee.
+info
Complaint Process
An applicant/recipient or his/her authorized representative may file a complaint of discrimination with the County or the appropriate agency of the Federal Government.
+info
Fair Hearings
The complainant has a right to a State Fair Hearing
- There is no regulation that limits or restricts the rights for a complainant to file for a State Fair Hearing.
- If the complaint also involves program issues, the complainant should be advised of their right to file for a State Fair Hearing for programmatic concerns in addition to their complaint of discrimination.
Conclusion
It is the policy of the County to comply with all federal and state regulations to ensure that no person is excluded from participation in, or is denied the benefits of, or is subjected to discrimination under any program receiving federal or state financial assistance on the basis of race, color, national origin, ancestry, sexual orientation, political affiliation, religion, marital status, sex, age, domestic partnership, ethnic group identification, medical condition, genetic information, gender identity, gender expression, citizenship, primary language, immigration status, or disability.
10
Important Names to Remember
Dawn Narayan
Lisa Rosas
Jill Fritchen
Melissa Sangalang
Program Supervisor II - Staff Developement
Program Supervisor II -Forms Coordinator
Program Manager -Fair Hearings Officer
Personnel Analyst II -Civil Rights Coordinator
11
THANKS!
HSA Staff Dev.
Div 21 Master Copy
San Joaquin County Human Services Agency
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Transcript
San Joaquin County
Division 21
INDEX
Laws & Statutes
My Role
Purpose & Definition
ADA
Prohibited Practices
ADA Compliance
Complaint Process
Language Barriers
ADA Accommodations
Important Names
Conclusion
Good bye
10
11
12
Div 21 Purpose
The purpose of Division 21 regulations are to ensure that the administration of public assistance and social services programs are nondiscriminatory, and that no person shall, because of race, color, national origin, ancestry, sexual orientation, political affiliation, religion, marital status, sex, age, domestic partnership, ethnic group identification, medical condition, genetic information, gender identity, gender expression, citizenship, primary language, immigration status or disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal or state financial assistance.
Division 21 rules apply to all employees at:
Types of Discrimination
Federal Laws & State Statutes
State and Federal
"California Civil Code, Section 51 et seq. Government Code 11135 et seq. Government Code Section 4450. Government Code Section 12940 (c), (H)(1), (i), and (j)."
"Age Discrimination Act of 1975; Food Stamp Act of 1977; Removal of Barriers to Inter Ethnic Adoption of 1996"
CA State Statutes
Federal Laws
"Title 22, California Code of Regulations Section 98000 -998413. Dymally-Alatorre Bilingual Services Act. Title 24, CCR, Office of the State Architect. Welfare and Institutions Code, Section 10,000"
"Title IV, Civil Rights Act of 1964; Rehabilitation Act of 1973; Americans with Disabilities Act of 1990"
Federal Laws
CA State Statutes
EW Role in Div 21
Staff must inform all: applicants, recipients, community organizations, and other interested persons of the provisions of Division 21 and how it is applicable to the programs and activities in which individuals receive federal or state financial assistance.
+info
Prohibited Practices
The County may not:
Treat an individual differently, whether he/she satisfies any admission, enrollment, eligibility, or other requirement or condition which individuals must meet in order to be provided any benefit or service.
Use criteria or methods of administration which have the effect of defeating or impairing the objectives of a program or activity.
Deny an individual an opportunity to participate in any program or activity through the provision of services or otherwise afford him/her an opportunity to do so which is different from that afforded to others under the program or activity.
Deny an individual the opportunity to be a member of an advisory board which is an integral part of any program.
The County may not:
Deny an individual any benefit or service they are eligible to receive.
Subject an individual to separate treatment in any matter related to his/her receipt of any benefit or service.
Provide aid, benefits, or services to an individual or group which is different than that provided to others, unless such action is necessary to provide otherwise qualified individuals or groups with aid, benefits, or services that are as effective as those provided to others.
Restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others.
Americans with Disabilities Act
ADA
Congress recognized that physical and mental disabilities in no way diminish a person’s right to fully participate in all aspects of society.
Americans with Disabilities Act (ADA) of 1990
Definition
The County shall ensure that programs and activities, as well as the facility itself, are readily accessible to individuals with disabilities. Accessibility may be accomplished by providing services at alternate sites, e.g., home visits or other department offices that are accessible.
+info
ADA Compliance
ADA Compliance
Adding curb cuts in sidewalks and entrances
Increasing accessible parking spaces
Adding ramps and handrails
Installing visual and auditory emergency alarms
Widening of doors and adding accessible door hardware
ADA Compliance
+info
Creating signage that is the appropriate size and contrast to assist individuals with a visual impairment in locating offices
ADA Accommodations
The County must make every effort to ensure that clients with special needs are provided appropriate accommodations and to document the accommodation. Special needs accommodations include, but are not limited to:
Providing low countertops for forms completion for clients in wheelchairs.
Providing large print/Braille publications, if available from the state.
Providing auditory aids, if available from the state.
+info
+info
+info
Form HSA 36, Documentation of Special Accommodation for Client, must be completed and imaged into case record for clients indicating a need for special accommodations (Admin Handbook F-25).
Additional ADA Accommodations
When identifying whether an applicant/recipient has a disability, it is important for staff to ask the applicant/recipient if they are experiencing a challenge or need assistance. The staff can then provide appropriate assistance.
+info
ADA Public areas must be accessible and identified by the international symbol of accessibility.
Entrances/Exits
Reception/Waiting/Play rooms
Parking Lots
Public Restrooms/Drinking Fountains
Elevators
Interview Booths
Language Barriers
The same level of service
Quality of Services Provided
The same level of service must be provided to non-English speaking and disabled individuals as is provided to the client population at large.
County must ensure that effective bilingual/interpretive services are provided to serve the needs of the non-English speaking population and individuals with disabilities. This includes persons who are deaf or hearing impaired.
VS
+info
+info
Language Services
Languages spoken that are less than 5% of the local population: The County must ensure that bilingual services are provided. An applicant/recipient may provide an interpreter but is not required to do so. Forms and written materials shall be provided in the client’s primary language when available from CDSS. The County must provide translated information when required or requested.
5%
Languages spoken that are over 5% of the local population:Qualified bilingual employees shall be assigned to public contact positions to communicate in the required language.
Language Services
Interpreter Services
Hearing/Speech Impaired
Minor Interpreter
+info
+info
+info
Documentation Guidelines
Case documentation must: Identify the applicant’s/recipient’s ethnic origin and primary language. Identify if disabled, and document request for auxiliary aids and services. Identify the individual’s acceptance or refusal of forms or other written material offered in the individual’s primary language. Identify the method used to provide bilingual and/or sign language services. Identify if an individual uses their own interpreter, inform of potential problems of ineffective communication, and document that the individual was informed. Identify the consent for the release of information when the interpreter used is not a County employee.
+info
Complaint Process
An applicant/recipient or his/her authorized representative may file a complaint of discrimination with the County or the appropriate agency of the Federal Government.
+info
Fair Hearings
The complainant has a right to a State Fair Hearing
Conclusion
It is the policy of the County to comply with all federal and state regulations to ensure that no person is excluded from participation in, or is denied the benefits of, or is subjected to discrimination under any program receiving federal or state financial assistance on the basis of race, color, national origin, ancestry, sexual orientation, political affiliation, religion, marital status, sex, age, domestic partnership, ethnic group identification, medical condition, genetic information, gender identity, gender expression, citizenship, primary language, immigration status, or disability.
10
Important Names to Remember
Dawn Narayan
Lisa Rosas
Jill Fritchen
Melissa Sangalang
Program Supervisor II - Staff Developement
Program Supervisor II -Forms Coordinator
Program Manager -Fair Hearings Officer
Personnel Analyst II -Civil Rights Coordinator
11
THANKS!
HSA Staff Dev.