migrant farmworkers. background on march 1, 2000, the office of civil rights received a complaint...

Migrant Farmworkers

Background

On March 1, 2000, the Office of Civil Rights received a complaint from Farmworker Health Services, Inc., alleging that eligible Hispanic applicants were being discriminated against at one of the local DCF offices.

The complaint alleged:

inadequate interpreter services to Hispanic population, extra documentation requested from Hispanic applicants regarding citizenship status of non-applicant household members,

denial of benefits if household contained members unwilling or unable to proved SSN or citizenship documentation, and

threats to report individuals to INS.

Background

Office of Civil Rights conducted an investigation. Findings from the investigation included:

insensitive and inappropriate treatment of Hispanic population,

Background

degrading and improper comments,

non-applicant household members required to provide documentation regarding immigrant status and SSNs as “conditions of eligibility” for TANF, Medicaid, ICP coverage.

Background

Disparity caused by application and enrollment procedures that deterred and systematically denied benefits to the Hispanic population. The application process discriminated on the basis of national origin.

Findings also included:

Voluntary ComplianceAgreement

A voluntary Compliance Agreement was reached between Office For Civil Rights,U.S. Department of Health and Human Services, and Florida Department of Children and Families.

The goal of this agreement is to ensure Hispanic and other immigrant minorities may apply for DCF administered public

benefits without facing discrimination and intimidation.

The goal of this agreement is to ensure Hispanic and other immigrant minorities may apply for DCF administered public

benefits without facing discrimination and intimidation.

Change to forms to ensure compliance with individuals civil rights

Verification requirements for SSNs and citizenship

Voluntary ComplianceAgreement

Therefore, what we want to talk about today is

Awareness of civil rights

Awarenessof

Civil Rights

Customer Service

Awareness

Civil Rights

Cultural Competence

Civil Rights

Title VI of the Civil Rights Act of 1964:

Prohibits discrimination on the basis of race,color and national origin in Federally funded programs.

Applies to intentional discrimination and policies, and practices or procedures that have a disparate impact on any portion of the population.

OCRGeneral Principles for Forms

Forms need to ensure the principles of civil rights Enhance application process for families of mixed immigrant status:

• Clear, understandable and necessary language

• Clearly defined terminology

• Clear and immediate offer of assistance for persons with limited English proficiency and/or disabilities.

• Non-discrimination statement and discrimination complaint process on the application form.

• Consistent racial designations

Ethnicity (select one)____ Hispanic or Latino____ Not Hispanic or Latino

Race (select one or more)____ American Indian or Alaska Native____ Asian____ Black or African American____ Native Hawaiian or Other Pacific Islander____ White

OCRGeneral Principles for Forms

Include representation on workgroups to voice concerns and perspective.

FormsProvisions of Voluntary Agreement

Request for Assistance (CF-ES Form 2066)

Rights and Responsibilities (CF-ES Form 2064)

Declaration of Citizenship (CF-ES Form 2058)

KidCare Application (CF ES Form 1055)

KidCare Immigration Status (CF-ES Form 2083)

KidCare Missing Information Request (CF-ES Form 2284)

KidCare Ineligibility for Medicaid (CF-ES Form 2092)

KidCare Ineligibility to Receive Medicaid (CF-ES Form 2093)

Easier for the low-literacy population to use and understand Replace the word “other” to explain available benefits Text regarding affirmative offer of assistance for applicants with disabilities and for those who need a foreign language or sign language interpreter, Include clear statement that SSNs will NOT be shared with INS, Include information regarding emergency Medicaid, Ensure individuals are not deterred from applying for/receiving this benefit



Evaluate collecting racial/ethnic data, Allow for place to identify household members who are non-applicants Include information to clarify misconceptions that applying for public benefits will disqualify all immigrants from changing their INS status Change statement of understanding/penalty warning and move to end of the RFA Include the new joint USDA-HHS non-discrimination statement, prefaced with an explanatory statement in plain English.



Clarify that SSNs will NOT be shared with INS. Clarify eligible family members can still obtain benefits if other family / household members are ineligible for benefits and do not provide SSNs or immigration information. Move information regarding criminal action separate from SSN information.


Rights and Responsibilities (CF-ES Form 2064)

Declaration of Citizenship (CF-ES Form 2058)


No longer necessary due to revised RFA P02-07-0072 P02-08-0083

Exceptio

n: Child

in Care

So all eligible immigrants are allowed to / encouraged to apply for any KidCare program benefit which is HHS-funded but not a “Federal public benefit” Non-applicants do NOT need to provide their SSN. The application should clearly state SSN information is voluntary and what it will be used for Clarify that SSNs will not be shared with INS,


KidCare Application (CF ES Form 1055)

KidCare Immigration Status (CF-ES Form 2083) Not currently being used / In process of being revised


CF-ES Form 2284 Clarification regarding children for whom benefits

are NOT being requested

CF-ES Form 2092 / CF-ES Form 2093


Combined into one form

P01-06-0061

Noncitizen Guide Currently being reviewed by Office of Civil Rights in Atlanta


Verification

Requirements

1993 Privacy Act

1996 Personal Responsibility and Work Requirements Act

1997 Interim Guidance by OCR

2000 Policy Guidance by OCR, CMS, ACF and FNS

Social Security Number

1410.0200 SOCIAL SECURITY NUMBER (FS)

1420.0200 SOCIAL SECURITY NUMBER (TCA)

1430.0200 SOCIAL SECURITY NUMBER (MFAM)

1440.0200 SOCIAL SECURITY NUMBER (MSS, SFP)

1450.0200 SOCIAL SECURITY NUMBER (CIC)

FSTCAMFAMMSSI, SPFRAP, CIC


SSN must be obtained for each individual in the assistance group

SFU members whose income and/or assets are included in the budget, but who are not members of the AG,

can be requested to voluntarily provide their SSN for purposes of data exchange. These individuals are not required to comply with request.

FA FC DP DT




EA EC

A verbal statement of the SSN is sufficient




If the SSN is unknown or has never been obtained the individual must:

• apply for SSN through the welfare enumeration system at local DCF office.

• apply for an SSN through the local SSA office, or

• apply for an SSN through the Florida enumeration at birth process.

Verification of Application for SSN




• An SSA 2853 indicating that an SSN was requested at the hospital,

• The child's birth certificate with "yes" annotated in Section 11d, or

• A screen print from BVS with a "y" indicator in the child issue field.



FSTCAMFAMMSSI, SPFRAP, CICFailure or Refusal to Provide/Apply for an SSN

The individual or child, is ineligible for benefits Prorated Adult or Prorated Child

PA PCNote:If a child resides in a facility or with a non-relative and the child's parent, caretaker relative, or designated official of the facility fails to apply for an SSN for that child, the child is ineligible.

If good cause exists, consider information provided by• the individual (or representative), • SSA, and• our agency especially if we did not process SS-5 timely).

Documentary evidence or collateral information of application.


Failure or Refusal to Provide/Apply for an SSN

FoodStam

ps

Example: Application on January 15 Has good cause for failing to apply for SSN Eligible for January, Reevaluation of good cause must begin again March 1 Good cause must be evaluated each month for individual to continue to be eligible.

Good cause determined monthly for individual to be eligible


Failure or Refusal to Provide/Apply for an SSN

FoodStam

ps

If provide good cause, eligible for one month in addition to the month of application.

Do not have to meet SSN requirement for month of application.

Must apply or provide an SSN prior to first full month of eligibility unless good cause exists.


Expedited Households

FoodStam

ps

Assumed to have fulfilled this requirement

No further verification is required


Categorical Assistance Groups

FoodStam

ps


Six months from the birth month or until the next recertification, whichever is later, to provide the social security number for the newborn.

Newborn

FSTCAMFAMMSSI, SPF RAP, CIC

FSTCAMFAMMSSI, SPF RAP, CIC

1410.0100 CITIZENSHIP/NONCITIZENSHIP STATUS (FS)

1420.0100 CITIZENSHIP/NONCITIZENSHIP STATUS (TCA)

1430.0100 CITIZENSHIP/NONCITIZENSHIP STATUS (MFAM)

1440.0100 CITIZENSHIP/NONCITIZENSHIP STATUS (MSS, SFP)

1450.0100 CITIZENSHIP/NONCITIZENSHIP STATUS (RAP, CIC)

Citizenship



Citizenship

Eligibility Requirement

Evaluate citizenship / immigrant status of each individual applying for benefits



Citizenship

Definition of US Citizen



Born in U.S. or U.S. territory

Naturalized citizen

Born abroad to U.S. citizen and meet specific criteria

Born abroad / Adopted by U.S. citizens

Citizenship

Verification of U.S. Citizen

Verbal Statement



Verification of Place of Birth

Verbal or written statement is born in U.S. unless questionable

Declaration of Citizenship

Each applicant applying for public assistance must declare in writing whether each individual in the AG is a U.S. citizen, or a lawful noncitizen.

Citizenship



Exceptions: Child In CareDeclaration of Citizenship (CF-ES Form 2058)

Exception: Emergency Medicaid for Noncitizens

RFA (CF-ES Form 2066)

If a child, Then an adult must sign on their behalf

If all individuals in the SFU are under 18, Then the payee must sign for all members

If a designated representative selected for an SSI-related Medicaid individual, Then the representative may sign on behalf of individual

Citizenship



Who Must Sign RFA (Declaration of Citizenship)

Application

Eligibility review

New individual added

When adding a newborn to the assistance group, a new Declaration of Citizenship must be signed by the next complete eligibility review.

When Must It Be Signed

Citizenship



Noncitizens



Noncitizens

Any individual who is not a citizen of the United States Immigrants: New arrivals to U.S.

(legal immigrants, refugees, asylees, parolees)

Nonimmigrants: Individuals allowed to enter U.S. for specific purpose and for a limited period of time. (tourists, students, diplomats, business visitors)

Noncitizens



Verification of Immigration Status

Noncitizen Chart

Noncitizen Guide

Verification of Battered Noncitizens

Noncitizens



Noncitizens

If a noncitizen does not wish for our Agency to contact INS to verify immigration status, the household must be given the option of withdrawing its application or participating without that member. If this occurs, the agency must not continue in efforts to obtain that documentation. Instead that individual is technically ineligible for benefits.

Substantial evidence of unlawful presence in the United States (US) must exist before an individual can be reported to Immigration and Naturalization Services (INS).

DO NOT make a determination of unlawful presence if:

Individual does not provide documentation

SAVE / ASVS response shows no INS record on the individual

SAVE / ASVS response shows status ineligible for benefits

secondary verification shows INS status has expired

NoncitizensFood StampsFood Stamps

Reporting Illegal Noncitizens

Under NO circumstances are individuals who are not applying for benefits to be reported as unlawfully present in the US.

DO NOT seek verification status through SAVE / ASVS, or through any secondary verification process, for individuals who are not applying for benefits.

Noncitizens


Food StampsFood Stamps

Who must be Reported

formal non-appealable order of deportation.

NoncitizensFood StampsFood Stamps


Reporting

Noncitizen applying for benefits unlawfully present in U.S.

DPOES makes quarterly report to Central Office (within 15 days following end of the quarter)

Central Office forwards relevant reports to INS

AFUT UTILITY COSTS 04/11/2003 11:46 CASE: 5000509498 WORKER: FZ0444 FZ0444 J STAFF EFFECTIVE BEGIN DATE: 04/11/2003 STATUS: OPEN NBR NAME SSN __ UTILITY COST TYPES: TYPE DC DESCRIPTION MONTHLY OBLIG AMOUNT PAID BEG DATE END DATE VR __ __ _________ _________ ______ ______ __ __ __ _________ _________ ______ ______ __ __ __ _________ _________ ______ ______ __ __ __ _________ _________ ______ ______ __ RELEASE NAME AND SSN TO UTILITY COMPANY FOR BILLING CREDIT ? (Y/N) _ DID YOU APPLY FOR LIHEAP THIS CALENDAR YEAR ? (Y/N/?) _ VR : _ DID YOU RECEIVE LIHEAP LAST CALENDAR YEAR (THE PAST 12 MTHS)? (Y/N/?) _ VR : _ DOES THE DWELLING INCUR OUT OF POCKET UTILITY EXPENSE OTHER THAN PHONE? _ DOES THE DWELLING INCUR OUT OF POCKET EXPENSE FOR HEATING OR COOLING? _ IS THERE A TELEPHONE EXPENSE? _ - - - - - - - - - - - - - - - - - INDIVIDUALS - - - - - - - - - - - - - - - -

1 HEATH C 3 CHRIS C NEXT TRAN: ________ PARMS___________________________

FLORIDA SYSTEM FLORIDA SYSTEM CHANGESCHANGES

RACE/ETHNICITYRACE/ETHNICITY

AIRE SCREENAIRE SCREEN

AIRE ScreenAIRE Screen

• The screen is used to collect and display the race/ethnicity of each individual.

• One race or a combination of races may be selected on the screen.

AIRE ScreenAIRE ScreenAIRE RACE/ETHNICITY 04/16/2003 10:02 CASE: 5000509510 WORKER: FZ00044 FZ00044 A WORKER STATUS: O -ETHNICITY- --------------- RACE ------------------------------- NBR NAME HISPANIC WHITE BLACK AMERICAN ASIAN NATIVE OTHER/ OR OR INDIAN HAWAIIAN UNKNOWN LATINO AFRICAN OR OR OTHER AMERICAN ALASKA PACIFIC NATIVE ISLANDER 03 HANNA C _ _ _ _ _ _ _ 02 JAMES C _ _ _ _ _ _ _ 01 HORTE C _ _ _ _ _ _ _

NEXT TRAN: ________ PARMS: ____________________________________AIRE An entry of “Y” or “N” is Mandatory in this field.

An entry of “Y” or “N” is Mandatory in this field.

An entry is Mandatory in at least one of these fields. “Y” may be entered in more than one field. All races that do not apply must be left blank.

An entry is Mandatory in at least one of these fields. “Y” may be entered in more than one field. All races that do not apply must be left blank.

Questions?

migrant farmworkers. background on march 1, 2000, the office of civil rights received a complaint...

Documents

forms slide

background slide

principles of civil

office of civil rights

civil rights act

forms forms

civil rights title vi

eligible hispanic applicants