16 Del. Admin. Code § 1000-1007

Current through Register Vol. 28, No. 7, January 1, 2025

Section 1000-1007 - Making Civil Rights Complaints

Title VI of the Civil Rights Acts of 1964, §504 of the Rehabilitation Act of 1973, 45 CFR Part 80, 84, 90, and 92 ; 7 CFR 272.6(a); 42 CFR § 440.262

This policy applies to any person, group or agency inquiring about, applying for or receiving any Division of Social Services (DSS) or Division of Medicaid and Medical Assistance (DMMA) provided service who believes he or she has been the victim of discrimination based on of race, color, national origin, sex, sexual orientation, gender identity, religious creed, age, disability, political beliefs, limited English proficiency (LEP), and/or retaliation.

1.Complaints Must be Written

Persons must submit the complaint in writing within 180 days of the alleged discriminatory act. They may also file an appeal and ask for a fair hearing if not satisfied with a decision of the Division. See DSSM 5000.

2. Complaints Contain Specific Information

Exception: Complaints involving the Food Supplement Program are also accepted verbally. However, the complaint must be reduced to writing for record keeping purposes.

A.Cash, Medical, and Child Care Assistance Complaints must describe:

Complaints must describe:

1. The kind of discrimination alleged (e.g., race, color, etc.)

2. When and where the discrimination took place

3. Any important facts and circumstances connected with the alleged discrimination

The complaint must be signed by the person making the complaint.

B.Food Benefit Assistance Complaints

Complaints must contain:

1. The name, address, and telephone number of the person alleging discrimination.

2. The name and location of the office or organization accused of the discriminatory practice.

3. The nature of the incident or acts which resulted in the allegation.

4. The date(s) of the incident.

5. The names of persons who have knowledge of the alleged discriminatory acts.

6. The type of alleged discrimination (e.g., race, color, etc.).

1007.1RESERVED

1007.2RESERVED

1007.3ROUTING CIVIL RIGHTS COMPLAINTS

Title VI of the Civil Rights Acts of 1964, §504 of the Rehabilitation Act of 1973, 45 CFR Part 80, 84, 90, and 92 ; 7 CFR 272.6(a); 42 CFR § 440.262

This policy applies any time a complaint is filed against the Division of Social Services (DSS) and/or Division of Medicaid and Medical Assistance (DMMA) alleging discrimination on account of race, color, national origin, sex, sexual orientation, gender identity, religious creed, age, disability, political beliefs, limited English proficiency (LEP), and/or retaliation.

1.Civil Rights Coordinator Routes Complaints

The Civil Rights Coordinator will study and evaluate all complaints alleging discrimination and route them to the appropriate official.

When a complaint is received the Coordinator will forward:

A. Food Supplement complaints to the Regional Office of the United States Department of Agriculture.

B. Medicaid complaints to the Secretary of the Department of Health and Human Services (DHSS).

C. All other DSS complaints to the Division Director.

D. All other DMMA complaints to the Division Director.

1007.4KEEPING RECORDS OF CIVIL RIGHTS COMPLAINTS

Title VI of the Civil Rights Acts of 1964, §504 of the Rehabilitation Act of 1973, 45 CFR Part 80, 84, 90, and 92 ; 7 CFR 272.6(a); 42 CFR § 440.262

This policy applies to all complaints of discrimination based on race, color, national origin, sex, sexual orientation, gender identity, religious creed, age, disability, political beliefs, limited English proficiency (LEP), and/or retaliation.

The Civil Rights Coordinator keeps records of all civil rights complaints received by the Division of Social Services (DSS). Records of civil rights complaints will show:

A. Action(s) taken on the complaint.

B. Any investigation conducted.

C. Findings.

D. Any subsequent action.

1007.5KEEPING THE IDENTITY OF COMPLAINANTS CONFIDENTIAL

7 CFR 272.1(c); 45 CFR 205.50

This policy applies to any individual or group who files a complaint with the Division of Social Services or the Division of Medicaid and Medical Assistance.

1.Staff Will Safeguard the Identity of any Person Making a Complaint.

Exception: The identity of a complainant may be disclosed if necessary to take care of the complaint.

1007.6MAKING COMPLAINTS

This policy applies to any person, group or agency applying for or receiving any DSS or DMMA service who wishes to file a complaint. It does not apply to complaints based on discriminatory practices or complaints that may be pursued through a fair hearing.

1.Applicants and Recipients May File Complaints

A. Complaints must be in writing and filed within 30 days of the alleged action or inaction.

B. Complaints must be filed with the Customer Relations Manager.

C. The 30 day time limit may be extended by the Customer Relations Manager for good cause.

2.Customer Relations Manager Processes Complaints

The Customer Relations Manager will review the complaint, take appropriate action, and respond to the complainant on the disposition of the complaint.

16 Del. Admin. Code § 1000-1007

16 DE Reg. 1191(5/1/2013)
20 DE Reg. 726( 3/1/2017) (Final)