DPSS ePolicy

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

What changed?

This release provides additional guidance to all staff including Departmentof Public Social Services (DPSS) contractors and vendors for providing equal and meaningful access to customers with disabilities to the DPSS programs and services.

The following revisions are included:

1. Amended the following policy segments: (1) Identifying Persons with Disabilities, and (2) Offering Reasonable Accommodations.  The revisions also amended the following procedure sections: (1) Requests for Reasonable Accommodations and (2) Documenting Disclosures of Disabilities, Reasonable Accommodation Request.
2. Amended procedures for adding the Special Circumstances Indicator.
3. Replaced all references to Disability Accommodation Indicator with Special Circumstances Indicator.
4. Added Web Content Accessibility Guidelines (WCAG) 2.1 Level AA.
5. Added Service Animals definition and reference to the Service Animals for Customers with Disabilities Policy.
6. Replaced references to Leader Replacement System (LRS) with California Statewide Automated Welfare System (CalSAWS).
7. Released revised versions of the ADA PUB 1, Americans with Disabilities Act (ADA) Complaint Form (Attachment IV) and ADA PUB 2, ADA Request for Reasonable Accommodations/Modifications Form (Attachment V).
8. Replaced all references to ADA Liaison with Civil Rights Liaison (CRL).
9. Clarified protocols when conducting a discussion.
10. Included additional examples of reasonable accommodations.

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.

Who is Protected?

Section 504 of the Rehabilitation Act of 1973, Title II of the ADA, andCalifornia Government Code Section 11135 require that State and localgovernments give persons with disabilities an equal opportunity to accessand participate in all their programs, services, and activities. DPSS isprohibited from excluding from participation or denying benefits andservices to, or discriminating against, any qualified individual with adisability.

Reasonable Accommodations

A reasonable accommodation or modification is a change or adjustment to DPSS’ policies, practices, and procedures when the policy, practice or procedure effectively denies equal access to the program or benefits to individuals with disabilities.  An example is extending the deadline for a customer to submit recertification documents because a physical or mental disability makes it more difficult for them to physically submit the document or remember the deadline.

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.  If staff become aware of an individual’s disability, or when an individual’s need for an accommodation is obvious, staff should not wait for a customer to request a reasonable accommodation.  Staff are responsible for consulting with the individual to identify an agreed upon reasonable accommodation o rmodification.  This is a cooperative process that will be evaluated on an individual basis.  For examples of accommodation options, see DPSS ADA Title II Accommodation Options (Attachment I).

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 or a companion.  Customers do not need to request a modification or accommodation in writing to receive one.  Further, the customer is not required to provide a specific diagnosis or medical proof to receive an accommodation.

Direct Threat

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.  The determination that someone poses a direct threat must be based on objective factual evidence and an individualized assessment.  Factors to consider in determining whether an individual poses a direct threat include:

1. The nature, duration, and severity of the risk.
2. The probability that a potential injury will occur; and,
3. Whether reasonable modification of policies, practices, or procedures will mitigate or eliminate the risk.

Even when an individual poses a significant or ongoing safety risk to others, staff must still consider the third factor outlined above, i.e., whether some modification of policies, practices, or procedures could mitigate or eliminate that risk.  For example, an individual who experiences unpredictable and severe episodes of violence due to a mental health disability might pose a serious risk to staff or members of the public in a DPSS office. However, if the office can modify its policies, practices, or procedures to allow that person, or their representative, to conduct all business via mail, telephone, or online, without having to physically come to the office, allowing them equal access while mitigating any potential threat.

Definition of a direct threat can be found in the Definitions section.

Notices to Customers

DPSS notifies all customers and other interested persons of the right to request reasonable accommodations and the protections against discrimination based on a disability via the ADA-PUB 1, ADA Complaint Form; ADA-PUB 2, Request for Reasonable Accommodations/Modifications; ADA-PUB 3, Do You Need Help? Rights For People with Disabilities Brochure; (ADA-PUB 4, Do You Need Help Because of a Disability? Flyer; ADA-PUB 5, Do You Need Help Because of a Disability? Poster and the CDSS Publication 13 “Your Rights Under California Welfare Programs” (PUB 13).  The PUB 13 must be made available in all waiting rooms and reception areas.  It must also be distributed and explained to customers at the time of initial application and renewal (RE).  Notices shall be provided in accessible formats including orally or in writing.  The PUB 13 is available in audio file format, in all DPSS threshold languages, in the Eligibility Hub.

Website and Social Media Accessibility

DPSS ensures that all external website content and social media posts are accessible to people with disabilities in accordance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. WCAG 2.1 Level AA requirements are organized by four main principles, which state that content must be perceivable, operable, understandable, and robust.  WCAG 2.1 Level AA guidelines allow customers to view the DPSS website with captioning, color sensitivity and contrast to assist those with visual disabilities and mobility limitations.  All informational videos include closed captioning and meet WCAG 2.1 Level AA standards.

Identifying Persons with Disabilities

DPSS has an affirmative obligation to determine whether customers need additional assistance due to a disability and, if applicable, to provide a reasonable accommodation.  Even if a customer does not request an accommodation, staff must ask if a customer needs a reasonable accommodation when the need is obvious or known, such as when the individual is in a wheelchair or the customer’s case documentation indicates a disability.  Invisible or hidden disabilities, defined as disabilities that are not immediately apparent, can be identified during an interaction with the customer.  If such a disability is identified, then DPSS staff must assist the individual in self-identifying the disability and/or appropriate disability specific accommodation(s).  For example, if during an interview the customer is exhibiting difficulties understanding the forms and questions then staff must ask the customer if they need an accommodation or assistance reading/completing the forms.

Any difficulty meeting program requirements could indicate a disability that is affecting an individual's ability to comply.  If a disability is already known, DPSS staff should assist the individual in determining the appropriate accommodation.  If there is an existing reasonable accommodation on the case, staff must review it to determine if a modification to the existing accommodation is needed.  If the individual does not have a disability on record, staff should inquire whether the individual needs an accommodation.

Offering Reasonable Accommodations

Staff must offer disability-related assistance if a customer identifies as having a disability or if the disability-related need is obvious (e.g., readily apparent based on interacting with the customer) or known, regardless of whether the customer requested an accommodation.  The obligation is unchanged whether service delivery occurs in-person or by phone/remotely.  If theneed is not already documented, staff must confirm that a customer is experiencing a challenge and needs an accommodation, rather than providing an accommodation without consulting the customer.  The obligation to offer a reasonable accommodation begins at first contact and is continuous throughout the customer's participation in services.

Discussion Process

Providing reasonable accommodations is an ongoing staff responsibility that is confirmed at each interaction.  A customer’s needs and program participation requirements can change, presenting new circumstances and the potential need for new and/or modified accommodations.  Any time an accommodation need arises, if it is reasonable, staff must grant it.  Accommodations must be provided without undue delay. If a reasonable accommodation cannot be immediately agreed upon, the office CRL will engage in a discussion with the customer to find anaccommodation that is equally effective.  Identifying the appropriate reasonable accommodation/modification is a cooperative process that is evaluated on an individual basis.

Auxiliary Aids

DPSS has an obligation to provide reasonable accommodations to qualified individuals with disabilities and effective communication through auxiliary aids and services.  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.  Auxiliary aids and services must be provided in a timely manner, and in a way that respects the privacy and independence of the person with a disability.

The ADA also guarantees equal access to customers 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.

Accommodation or Auxiliary Aid Request Denials

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.  The customer’s preferred choice of auxiliary aid or accommodation must be granted unless DPSS can demonstrate that:

1. The customer’s chosen means of communication would result in a fundamental alteration to the program, service, or activity; or
2. Impose an undue financial or administrative burden, considering all resources available to the program, service, or activity.

When an accommodation is requested and the accommodation or auxiliary aid is not readily available or staff need additional guidance, the office CRL must inform the Civil Rights Section (CRS) ADA Title II Coordinator.  The DPSS CRS will further evaluate the accommodation request, have a discussion with the customer and when appropriate, provide the customer with a written denial notice that includes the reason for the denial and the alternative accommodations offered.  For the current DPSS ADA Title II Coordinator name, refer to the most current PA 6209, Policy of Non-Discrimination on the Basis of Disability.

The DPSS ADA Title II Coordinator Contact:
Civil Rights Section
12860 Crossroads Parkway South
City of Industry, CA 91746
562-908-8501
ADAHelp@dpss.lacounty.gov

Documenting Disclosures of Disabilities, Reasonable Accommodation Requests and Denials on CalSAWS

Whenever DPSS staff learn that a customer has a disability, staff must ensure that the case record is documented with the accommodation requested, that a reasonable accommodation was offered to the customer, and the accommodation provided.  A reasonable accommodation request can be made at any time.  The CalSAWS Case Journal must be annotated to reflect that the process occurred, including a discussion of the requested accommodation and alternatives, and whether the customer accepted or declined the accommodation.  If the customer agrees to an accommodation, in addition to documenting the CalSAWS Case Journal, staff must complete the Special Circumstances Detail page.  Completing the Special Circumstances Detail page will automatically add the Special Circumstances Indicator to the case file.  Staff must also document in writing a customer’s request for auxiliary aids and services.  This documentation must be detailed to be compliant with the ADA requirements.  The CRS has developed documentation templates (Attachment II, Attachment III) and they are available in the Eligibility Hub.

Special Circumstances Indicator

Staff must utilize the Special Circumstances Detail page to set the Special Circumstances Indicator on a case.  Staff must document the ongoing accommodation being provided, and any information needed by staff to fulfill the accommodation in the “Notes” section.

Note: The Special Circumstances Indicator is not available on the Case Management, Information and Payrolling System (CMIPS) II.

DPSS Threshold Languages and Interpretive Services

DPSS’ nine threshold languages are Armenian, Cambodian, Chinese, Farsi, Korean, Russian, Spanish, Tagalog, and Vietnamese.  When a notice or a form is not available in the customer’s preferred written language, staff must provide the English version of the notice or form along with the GEN 1365, Notice of Language Services and offer to verbally translate the notice/form by using any of the language interpretive services resources described in AR 5972 Language Access Services Policy dated March 04, 2024.  DPSS offers free language interpretive services to Non- English/Limited English Proficient customers in their preferred spoken or sign language in the following methods:

1. Verbal interpretation by County certified bilingual staff.
2. Telephone interpretation by a language interpretive service vendor.
3. In-person American Sign Language (ASL), Spanish Sign Language (SSL), Mexican Sign Language (MSL) services.
4. Certified Deaf Interpretation (CDI), tactile signing, and other Sign Language interpreters; and
5. ASL, SSL, and MSL Video Remote Interpreter (VRI) services.

Note: Electronic signatures are accepted by DPSS via an assisted interpreter such as ASL VRI or CDI during a VRI, tactile, or similar interpretive session.

ADA PUB 1, Americans with Disabilities Act Complaint Form and ADA PUB 2, Americans with Disabilities Act Request for Reasonable Accommodations/Modifications Form

The ADA PUB 1 (Attachment IV) and ADA PUB 2 forms (Attachment V) havebeen revised and are available as follows:

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. 

All staff must accommodate customers who request accommodations due to a disability.  Staff must take reasonable steps available to identify and assist customers with disabilities who are applying for or are currently receiving benefits, without undue delay.

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