Civil Rights in the Child Care Food Program (CCFP) Updated 9/2022

Civil Rights in the Child Care Food Program (CCFP) Updated 9/2022

Why is Civil Rights important? Ensures equal access to the Child Care Food Program 2

What is Discrimination? The act of distinguishing one person or group of persons from others, either intentionally, by neglect, or by the effect of actions or lack of actions based on their protected classes 3

Six Protected Classes Race Color National Origin Age Sex (including gender identity and sexual orientation) Disability 4

Civil Rights Assurances A civil rights assurance is incorporated in all agreements between the state agency and contractor in order to ensure that ALL children have access to the child nutrition programs. Agreements between sponsors and their facilities also include civil rights assurances. 5

Public Notification System Display in a prominent place the “And Justice For All” poster (Does not pertain to day care home providers) Request Posters from our Tallahassee office by calling 850.245.4323 6

Public Notification System Program Availability Inform participants and prospective participants of their program rights and responsibilities and the steps necessary for participation. 7

Public Notification System Nondiscrimination Statement Include the nondiscrimination statement on all publications, including websites, that inform the public about the CCFP. (Examples of where the statement is found: News Release, “And Justice for All” poster, “Building for the Future” letter, any CCFP materials provided to the public) 8

Public Notification System Nondiscrimination Statement Full Nondiscrimination Statement (Updated 5-2022): In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity. Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: USDA Program Discrimination Complaint Form, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by: 1. mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410; or 2. fax: (833) 256-1665 or (202) 690-7442; or 3. email: [email protected] This institution is an equal opportunity provider. 9

Public Notification System Nondiscrimination Statement At a minimum, the nondiscrimination statement, or a link to it, must be included on the home page of the program information 10

Public Notification System Complaint Information Participants must be advised of their rights and the complaint procedures including how to file a complaint 11

Handling Complaints Right to File a Complaint: Any person alleging discrimination based on race, color, national origin, age, sex, or disability has a right to file a complaint within 180 days of the alleged discriminatory action. Complaints: – Can be written or verbal – Anonymous complaints should be handled as any other complaint – State agencies can develop complaint forms, but the use of such forms cannot be a prerequisite for acceptance of a complaint 12

Handling Complaints A complaint can be made to any CCFP staff All civil rights complaints must be forwarded by CCFP staff to the appropriate Regional or FNS Office of Civil Rights Director CCFP contractors must notify the state agency of a civil rights complaint immediately 13

Handling Complaints The USDA Program Discrimination Complaint Form can be found next to this presentation on the CCFP website, or at: https://www.ascr.usda.gov/sites/ default/files/ Complain combined 6 8 12 508 0.p df 14

Compliance Reviews Civil rights compliance must be evaluated during: - Pre-approval Reviews (Question on the pre-approval form and observation of practices) - Post-award or Routine Compliance Reviews (Site, Sponsor and Provider Review forms) 15

Resolving noncompliance Noncompliance is a factual finding that any civil rights requirement, as provided by law, regulation, policy, instruction or guidelines, is not being adhered to by a contractor or its sponsored facilities Noncompliance may be the result of: – A review of civil rights compliance during routine reviews – A special review or – An investigation Once noncompliance is determined, steps must be taken to immediately obtain voluntary compliance Continued noncompliance may lead to suspension or final termination 16 16

Data Collection and Reporting Each contractor is required to collect racial/ethnic data and maintain the data on file for three years plus the current year This information is reported on site/provider information forms 17

Data Collection and Reporting The purpose is to: Determine how effectively FNS programs are reaching potential eligible persons and beneficiaries Identify areas where additional outreach is needed Complete reports, as required 18

Language Assistance Contractors have a responsibility to take steps to ensure meaningful access to their programs and activities by persons with Limited English Proficiency (LEP). LEP describes individuals who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English. Some translated forms and documents are available from MIPS or the CCFP office 19

Reasonable accommodations for persons with disabilities Americans with Disabilities Act – prohibits discrimination based on a disability in all services, programs, and activities provided to the public by State and local governments, except public transportation services. This means that agencies must ensure persons with disabilities have: Program accessibility (phone, mail, etc.) Effective communication with agency staff Easy access to the building itself 20

Equal opportunity for religious organizations Ensures a level playing field for the participation of faith-based organizations and other community-based organizations (FB/CBO) in USDA programs Creates new opportunities to serve more people in need USDA is working to ensure that FB/CBO have equal access to USDA funding opportunities, especially those groups that have not partnered with the government before 21

Good Customer Service Providing good customer service is key to avoiding the appearance or perception by anyone of unlawful discriminatory statements or actions 22

Resolving conflict Conflict comes about from differences - in needs, values and motivations. Sometimes through these differences we complement each other, but sometimes we will conflict Conflict is not a problem in itself - it is what we do with it that counts For more information on strategies to resolve conflicts – http://www.crnhq.org 23

Civil Rights Training All staff must receive training on all aspects of civil rights compliance on an annual basis, including: Effective public notification systems Complaint procedures Compliance review techniques Resolution of noncompliance Collection and use of racial/ethnic data Requirements for language assistance Requirements for reasonable accommodation of persons with disabilities Customer service Conflict resolution 24

Thank You! Florida Department of Health Bureau of Child Care Food Programs 4052 Bald Cypress Way, Bin #A-17 Tallahassee, FL 32399-1727 Contact Us: 850-245-4323 25