1630 Civil Rights Complaints - Kansas shall maintain a system to ensure that no person in Kansas shall, on the grounds of race, color, national origin, gender, age, sex, disability, political belief, or religion, be excluded from participation in, be denied the benefits of the Food Assistance Program, or be otherwise subjected to discrimination. This section is mandated by the Federal Food and Nutrition Act of 2008, regulations and requirements stated herein apply to the Food Assistance Program, however, basic policies regarding non-discrimination apply to all EES programs.

 

1630.1 Civil Rights Assurance - A Civil Rights Agreement is negotiated between the U.S. Department of Agriculture and the State of Kansas, and is the responsibility of the Secretary of the Department for Children and Families.

 

1630.2 Public Notification, Data Collection, Maintenance, Reporting, and Training -

 

  1. All applicants and participants shall be informed of the following during each interview for initial application or review:
     
    1. Rights and responsibilities;
       
    2. DCF's policy of nondiscrimination;
       
    3. The steps necessary for participation;
       
    4. Procedures for filing a complaint through the local DCF office, EES Administration, Personnel Services, or Food and Nutrition Service, USDA;
       
    5. Procedures for filing for a fair hearing.
       
  2. The worker shall encourage the responsible person completing the application to complete all questions regarding race or identity on the application. The applicant shall be informed that the information will be used for statistical purposes and will have no effect on his/her eligibility. However, if the applicant fails to provide this information, the worker shall complete the questions by observation.
     
  3. All local service centers shall:
     
    1. Prominently display the poster, "And Justice for All" or a similar FNS-approved poster in each certification office;
       
    2. Inform all grassroots organizations of the program and program changes. This information may be communicated by letter, publications, or face-to-face contact; and
       
    3. Provide bilingual services, if needed, in the region.
       
  4. Local service centers shall complete and mail the ES-1600, Civil Rights Complaint, to the appropriate EES Administration section according to the procedures of this section.
     
  5. Local service centers shall cooperate with Personnel Services in the investigation and resolution of the complaint;
     
  6. Local service centers shall take any corrective action indicated by the investigation; and
     
  7. Local service centers are to ensure that local DCF office staff receive training on the civil rights of applicants/recipients as well as procedures for handling civil rights complaints on a yearly basis. Training shall be done in February of each year using the Pathlore system. Local office staff are required to track training completions to ensure that all staff who have access to the public receive the Civil Rights training. This includes staff who answer the phones and staff who deal with the public in reception areas.

 

1630.3 Civil Rights Complaint Processing System - In voluntary compliance with Federal regulations and USDA policy regarding the expeditious processing of complaints alleging age discrimination, DCF will refer such complaints to the USDA.
 

  1. Age Discrimination Complaints - State and Local Level - Within two working days of receiving an oral or written complaint alleging age discrimination, the DCF office receiving the complaint shall:
     
    1. Log the complaint on Form ES-1600, Civil Rights Complaint.
       
    2. Make sufficient number of copies of the complaint to retain a copy in the file and to send copies to Personnel Services and the Integrity Manager.
       
    3. Send a cover letter and the original of the complaint and/or the ES-1600 to the:
       

      Denver Regional Office of Civil Rights
      U.S. Department of Agriculture
      Food and Nutrition Service
      Mountain Plains Region
      1244 Speer Boulevard
      Denver, Colorado 80204

      Send the Integrity Manager copy to:

      Economic and Employment Support
      Integrity Manager

       

  2. Complaints from Other Protected Classes - Local Level
     

  3. Log the complaint on Form ES-1600, Civil Rights Complaint, completing all information including all actions taken by agency.
     

  4. Contact the complainant by letter, telephone, or in person within 2 working days after the complaint is received, to offer a local agency conference, and to provide the following addresses if the complainant prefers to file a complaint with USDA and/or the state department:
     

    Department for Children and Families
    Personnel Services
    555 S. Kansas Ave., 2nd floor
    DCF Administration Building
    Topeka, Kansas 66603

     

    Food and Nutrition Service, USDA
    1320 Braddock Place, Room 334
    Alexandria, VA 22314
     

  5. Attempt to settle the complaint to the satisfaction of the complainant by taking corrective action.
     

    1. If the complaint is settled, the local agency should take the appropriate corrective action, complete and mail the Form ES-1600, Civil Rights Complaint, to the Integrity Manager, not later than 30 days following the receipt of the complaint.

      Corrective action may include oral or written explanation, interview, change in agency action, or assisting the complainant to either file for a fair hearing, contact Personnel Services or contact USDA.
       
    2. If the complaint cannot be settled within 10 days to the satisfaction of the complainant, inform the complainants that they may write to the Secretary of Agriculture, the Administrator of FNS, or the Denver Regional Office for Civil Rights if they are not satisfied with the State agency's decision.
       
    3. Contact Personnel Services within 15 days following the date the complaint was mailed to determine its status.
       
    4. Cooperate with Personnel Services in investigation and resolution of the complaint, to include taking the necessary actions indicated by the investigation.
       

NOTE: Regardless of whether the complaint is settled by a local DCF agency or a state EES Administration section, one copy of each civil rights complaint shall be mailed to the attention of the Integrity Manager within the required time frame to insure settlement within 30 days.
 

  1. Complaints From Other Protected Classes - State Level -EES Administration - Upon receipt of a civil rights complaint filed directly, EES Administration staff shall:
     
    1. Log the complaint on Form ES-1600, Civil Rights Complaint, complete all information including all actions taken by EES Administration.
       
    2. Contact the complainant by letter, telephone, or in person, within two working days after the complaint is received to inform the complainant that the complaint has been sent to Personnel Services for investigation.
       
    3. Notify the local DCF office that a complaint has been filed, then forward the complaint to Personnel Services.
       
    4. Provide technical assistance and advice to local DCF office and Personnel Services regarding the program implications of proposed corrective action.
       
    5. Maintain a record of all civil rights complaints for review by USDA.
       
  2. Complaints From Other Protected Classes - State Level - Personnel Services - Personnel Services will investigate civil rights complaints and work jointly with the local DCF office and EES Administration to investigate and resolve complaints.  

    Upon receipt of a verbal or written complaint, Personnel Services shall:
     
    1. Log the complaint on Form ES-1600, Civil Rights Complaint, completing all the appropriate information;
       

    2. Contact the complainant by letter after the complaint is received to offer to schedule a state level conference or inquiry, or provide the USDA addresses if the complainant wishes to lodge a complaint with USDA;
       

    3. Conduct an inquiry to determine the circumstances that contributed to the complaint;


    4. Confer with the local DCF office, EES Administration, and the complainant concerning possible corrective action(s);
       

    5. Notify all parties to the complaint by letter when the complaint has been settled, stating the corrective action(s) taken or planned and identifying the persons responsible for taking the action(s);
       

    6. Refer the complainant to USDA if the complaint cannot be resolved;
       

    7. Maintain a record of all civil rights complaints referred to or resolved through Personnel Services.
       
  3. Civil Rights Complaints Filed with Other DCF Sections - Civil rights complaints regarding the Food Assistance Program filed with other DCF sections shall be documented and referred to EES Administration for disposition. EES Administration shall complete the ES-1600, Civil Rights Complaint, and proceed according to 1630.3 (3).
     
  4. Reporting Civil Rights Complaints - The State agency shall submit a report of each discrimination complaint processed at the State level to the FNS Regional Office for Civil Rights within 90 days of the date the complaint was filed.