DPSS ePolicy

To revise an existing policy and/or form(s).

What changed?

This release includes additional guidance to staff for providing equal and meaningful access to individuals with disabilities to DPSS programs and services.

The following revisions were made: 

1. Staff engagement in an interactive discussion with customers to determine agreeable program or service accommodations.
2. Staff must ensure effective communication and provide the customers' preferred accommodation, if reasonable.
3. A written denial letter will be provided to customer who decline an alternate accommodation offered by DPSS.

The Department of Public Social Services (DPSS) is committed to providing excellent customer service and does not discriminate against qualified individuals with disabilities.  To that end, DPSS has implemented comprehensive Americans with Disabilities Act (ADA) accommodation and complaint policies and procedures.

Reasonable Accommodations

DPSS must make reasonable modifications (also known as reasonable accommodations) to policies, practices, and procedures when necessary, to provide equal access to people with disabilities.  This responsibility applies to all staff including DPSS’ contractors and vendors, who provide program benefits and services directly to customers and other qualified individuals with disabilities. 

Title II of the ADA prohibits DPSS from excluding from participation, denying benefits and services to, or discriminating against any qualified individual with a disability.  Therefore, DPSS has a responsibility to ensure that people with disabilities are not excluded from participation in or denied the benefits of DPSS administered programs, services or activities, or otherwise subject to discrimination.  This includes the obligation to provide reasonable accommodations to qualified individuals with disabilities and effective communication through auxiliary aids and services.  As stated in HRM 15-119 Amended, Request for Reasonable Modifications the purpose of effective communication is to ensure that people with vision, hearing, or speech disabilities can communicate with, receive information from, and convey information to DPSS staff.

The ADA also guarantees equal access to individuals who are known by DPSS to have a relationship or association with someone with a known disability.  The requirement for effective communication extends to
customer companions. 

Additionally, a person without a disability may also request an accommodation that is needed due to the disability of another person with whom they are associated, such as a family member.  This individual does not need to be an Authorized Representative. 

Auxiliary Aids

DPSS must provide auxiliary aids and services to customers with disabilities when necessary to communicate effectively.

The customer’s preferred choice of auxiliary aid or accommodation service must be granted unless it can be demonstrated that:

1. An equally effective means of communication is available;
2. The customer’s chosen means of communication would result in a fundamental alteration to the program, service, or activity; or
3. The customer’s chosen means of communication would impose an undue financial or administrative burden on DPSS, taking into account all resources available to the program, service, or activity.

Interactive Accommodation Determination

Providing reasonable accommodations is an ongoing responsibility that is not only determined at a customer’s first contact, application, or intake.  Customer needs and program participation requirements can change, presenting new circumstances and the potential need for new and/or modified accommodations.  Anytime an accommodation need arises, staff must engage in an interactive discussion to determine a satisfactory accommodation (ADA PUB 2, Request for Reasonable Accommodations/Modifications form may be offered). Accommodations must be provided without undue delay. 

Denial of Accommodation or Auxiliary Aid Requests

Only the DPSS ADA Title II Coordinator may deny a request of a qualified individual with a disability to modify a DPSS policy, practice, or procedure when the requested accommodation would:

1. Fundamentally alter the nature of the program, service or activity; or
2. Impose an undue financial or administrative burden, taking into account all resources available to the program, service, or activity.

Note: A customer’s auxiliary aid request may be denied if an equally effective means of communication to ensure access to DPSS program benefits or services is available.

DPSS staff must offer an alternate accommodation to ensure that the customer with a disability can access benefits or services while avoiding a fundamental alteration or undue burdens.  DPSS staff must  inform the office ADA Liaison when a customer’s accommodation request or alternate accommodation offered is not agreed to by the customer.  When an accommodation is offered and declined by the customer, the ADA Liaison must inform the Civil Rights Section (CRS) ADA Title II Coordinator.  The DPSS CRS will further evaluate the accommodation request, have an interactive discussion with the customer and when appropriate, provide the customer with a written denial notice that includes the reason for the denial and any other accommodations offered. 

In accordance with the California Department of Social Services (CDSS) All County Letter (ACL) 19-45, Prohibition of Discrimination Against Qualified Individuals With Disabilities In County Welfare Department (CWD) Administered Programs, Services, and Activities Funded by the California Department of Social Services and Department of Health Care Services (DHCS), Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act(ADA), and California Government Code Section 11135, DPSS must ensure all customers have equal access to all programs, services, and activities DPSS offers. 

The ADA does not require public entities to allow a person with a disability to participate in or benefit from its programs, services, or activities if that person poses a direct threat to the health or safety of others. 

All staff must accommodate customers who request accommodations for a disability.  Staff must take reasonable steps available to identify and assist individuals with disabilities who are applying for or are currently receiving benefits, as quickly as possible.

All Divisions, Programs and Services Policy Sections, including the Information Technology Division, must:

1. Inform CRS and departmental staff about new Department disability accommodations policies, forms or other resources; and
2. Include information about new accommodation solutions in the Department Civil Rights Compliance Annual Plan that is annually coordinated by CRS. 

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