Office of Civil Rights Data Request Homepage
Background
We are asking for your help to respond to a data request the Minnesota Department of Human Services received from the U.S. Department of Health and Human Services, Office for Civil Rights (OCR). The request is tied to a complaint filed with OCR regarding the disproportionate representation of African American children in the child welfare/child protection system. We have included both the complaint filed with OCR and data request from OCR for your review.
In addition to information from and about local child protection agencies, OCR is asking us to provide information about the role of law enforcement in the child protection process at the local agency level. To help us provide the requested data to OCR, DHS is requesting your response to questions specific to your county child welfare practices and your county’s law enforcement agencies. Please provide responsive data for this request by Friday, August 2, 2024, at 12 p.m. so DHS can review and send the information to OCR by their requested deadline. DHS requested and received an extension from OCR for you to provide the data. We recognize this is a quick turn around and appreciate your efforts to help provide this information.
County and law enforcement response
DHS has developed a response map for counties to track their response to this request. Questions specific to DHS, Hennepin County, and Ramsey County have been excluded. Use this response map to provide brief responses or links. For longer responses and associated files, list the file name in the space provided and upload files to the secure portal (see instructions below). Please make note of any request that is not applicable to your agency or for which you do not have responsive data. Some fields have been pre-populated with statutory references or DHS-created materials that have already been provided to OCR. Please add any information for activities that are specific to your county When complete, upload the response map to the secure portal as well.
Instructions for secure file upload by county IT staff
When your team has completed gathering all the information, please upload your completed response map and associated files to the secure file transfer portal managed by designated county IT staff. See log-in instructions below. To ensure accurate delivery, avoid using spaces and special characters in file names. Use underscores in place of spaces. Additionally, please include the county name and question number (if applicable) in each file name.
Option #1
Log into SFTP via client (WinScp or FileZilla) using your MN-ITS Mailbox username and password. [dhs.state.mn.us, Port 2222]
Option #2
Log into SFTP Via Web using your MN-ITS Mailbox username and password.
Drop your responsive documents into the OCR_Response folder. After 15 minutes, uploaded documents will automatically transfer to a secure folder for DHS review.
Frequently asked questions
Updated 7/19/2024
See responses to the following frequently asked questions. These will be updated and expanded after gathering additional feedback from county and law enforcement partners.
- Is my county required to respond to OCR’s data request?
A. Yes. Your county is required to respond to OCR’s data request related to the complaint filed with OCR. In its letter dated May 28, 2024, OCR provides the following information about its jurisdiction to seek this information:
“OCR has jurisdiction to investigate the complaint under Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) and its implementing regulations at 45 C.F.R. Part 80. Title VI prohibits discrimination based on race, color, or national origin under any program or activity receiving Federal financial assistance. MDHS is a recipient of Federal financial assistance of more than seven billion dollars in grants and other funding from HHS including Title IV-B and Title IV-E of the Social Security Act, CAPTA, Medicaid, and CCDF and is obligated to comply with Title VI and other federal civil rights laws.”
OCR’s jurisdiction is based on the receipt of federal financial assistance, which DHS and all Minnesota counties receive. See 45 C.F.R. § 80.13 (definitions of federal financial assistance and recipient, which includes any political subdivision of the State to whom federal financial assistance is extended, directly or through another recipient).
- OCR’s letter and data request are addressed to DHS. Can my county wait to respond until OCR makes a data request directly to my county?
A. No. Your county is required to provide the data that OCR is requesting to DHS. 45 Code of Federal Regulations, section 80.6(b) states:
“Each recipient shall keep such records and submit to the responsible Department official or his designee timely, complete and accurate compliance reports at such times, and in such form and containing such information, as the responsible Department official or his designee may determine to be necessary to enable him to ascertain whether the recipient has complied or is complying with this part. For example, recipients should have available for the Department racial and ethnic data showing the extent to which members of minority groups are beneficiaries of and participants in federally-assisted programs. In the case in which a primary recipient extends Federal financial assistance to any other recipient, such other recipient shall also submit such compliance reports to the primary recipient as may be necessary to enable the primary recipient to carry out its obligations under this part.”
As an “other recipient” within the meaning of this regulation, each county must submit information to the primary recipient, DHS. See also 45 C.F.R. § 80.13 (definition of federal financial assistance, recipient and primary recipient). OCR has been very clear that it wants DHS to collect the requested data from the counties.
- How is this different than a data request under the Minnesota Government Data Practices Act?
A. Your county’s responsibility to respond to this data request under federal law is in addition to, and may be different than, the responsibility that your county has to respond to data requests under the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. The OCR is an agent of the federal government and is making this request to DHS and the counties as recipients of federal funds pursuant to federal law. OCR is not a member of the general public making a request under the MGDPA.
- Why are the questions in the County Response Map different from the original OCR request?
A. Many of the questions in the OCR request only apply to DHS, Hennepin County, and Ramsey County, who have provided a separate response to OCR. You are only required to respond to the requests listed in the County Response Map.
- Why did Hennepin and Ramsey counties get notified earlier?
A. The initial request from the Office of Civil Rights named Hennepin and Ramsey Counties specifically. DHS began working with both counties right away, as we had a 30-day timeline. In in a meeting with OCR on June 18, we learned that the request extends to all 87 counties. The remaining counties will have the same amount of time to submit information.
- Multiple questions are addressed to both county child protection offices and the corresponding county law enforcement agencies. Are county child protection offices responsible for providing that information?
A. Provide DHS with what you have that is relevant to the request. OCR wants to understand our practices throughout the state and how they impact displacement of Black children in our system. You are not obligated to submit this information if you don’t have it. Please acknowledge in your response that your county does not have responsive data for this question.
- Question 18b askes about funding , but can you clarify what exactly you are looking for and what timeframe?
A. We interpret this to be a request to identify funding received by county law enforcement for child welfare activities, and not a request for all child welfare funds.
- Question 19 asks for a copy of the applicable child maltreatment investigation policies, procedures, and assessment tools as well as applicable child maltreatment investigation training materials and instructor manual. We use DHS-created tools and materials. Do we have to provide these?
A. No. DHS has submitted the policies, procedures, and assessment tools created at the state level. Please include any other responsive data that was created separately or that modifies the DHS materials at the county level.
- For Question 22b. We do not train law enforcement agencies in much of anything. Please clarify county responsibility.
A. You are not obligated to submit this information if you don’t have it. Please acknowledge in your response that your county does not have responsive data for this question.
If you have additional questions, contact csp.general.admin.dhs@state.mn.us. Thank you for your cooperation and timely response to this request.
Presentation from DHS/County OCR Data Request Meeting (7/11/2024)
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