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Department
of Human Services Families
First Online Policy Manual Rights and Responsibilities |
Revised: |
31.27 |
FILING
DISCRIMINATION COMPLAINTS FOR NON-COMPLIANCE WITH TITLE VI AND THE ADA
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Any individual or his/her representative
may file a discrimination complaint with the county, district, or State
Office of the Department of Human Services, or with the U. S. Department of
Health and Human Services. Complaints
may also be filed with the Tennessee Human Rights Commission. A complaint may be filed at both the state
and the federal levels, separately or concurrently, at any time during the
process. The complaint may concern
discriminatory practices or actions on the part of DHS. The complaint may also involve practices or
actions by other agency related institutions, organizations, contractors,
medical care vendors or practitioners that participate in the Families First
program by providing aid, care, or services.
DHS will investigate each complaint promptly to determine whether or
not it is justified and, if justified, what corrective action is
appropriate. Following the receipt of a complaint, the following actions should be
taken: ·
Instruct the
complainant to submit the complaint in writing, preferably on Form HS-2631, Civil
Rights Complaint. The complainant, his/her representative
or a Title VI Coordinator may complete the form. A verbal complaint may be taken, but must
subsequently be recorded on Form HS-2631.
Unless a complaint is already being filed at the state or federal
level, it is preferable that all complaints be filed initially at the local
level within 30 days of the alleged discriminatory act. If the complainant is not willing to
complete the official form, he/she may write a letter setting forth his/her
grievance and a staff member will complete the form. If the complainant refuses to file an
official written complaint, record the complaint in the eligibility and case
management system. ·
Record the
complaint in the Title VI Complaint Log.
List complainant identification and type/status of the complaint. ·
Send the
original copy of the complaint to the Compliance Officer in Nashville. Compliance Officer Citizens Plaza Bldg. - 15th
Floor 400 Deaderick Street Nashville, TN 37243
Bulletin 33, FA-07-14 Include all pertinent information. Give a copy of the complaint to the
complainant, and retain one for local files.
The local Title VI Coordinator must notify the State Compliance
Officer immediately when any complaint is filed. ·
Mail a
letter to the complainant acknowledging receipt of the complaint within five
calendar days of the date that the complaint was received. ·
Conduct a
fact-finding investigation within 30 calendar days of the receipt of the
complaint. The local Title VI
Coordinator is responsible for this initial investigation. When the complaint applies to
discriminatory actions on the part of contracting agencies, individuals, or
institutions from which assistance or service is purchased or secured by the
Department, the complainant will be interviewed to secure as much information
as possible. The interview will
examine the nature of the complaint, the precipitating circumstances, and
identify the date the alleged act occurred. ·
Report
investigation findings to Department management within five days of
completion of the investigation. If
the report includes a finding of violation of Title VI, include any proposed
remedial action in the Initial Investigation of Civil Rights Complaint Form HS-2632. ·
Give the
written findings to the complainant within five calendar days after the above
report is completed. At this time,
inform the complainant of his/her right to appeal at the state or federal
level if there is disagreement with the investigation findings or the
proposed remedial action. Include
appeal form and instructions for filing. |
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