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 (DHS) and Minnesota Department of Children, Youth, and Families (DCYF) received from the U.S. Department of Health and Human Services, Office for Civil Rights (OCR). We have included both the complaint filed with OCR, original data request from OCR dated 5/28/2024 and supplemental data request from OCR dated 12/2/2024 for your review.
Supplemental County response, Batch 1 (Q9–22)
DCYF has developed a response map (updated 1/15/2025) for counties to track their response to questions 9–22 of the supplemental data request. Questions specific to DCYF/DHS have been excluded. Use this response map to provide brief responses or links to materials. For longer responses and associated files, list the file name in the space provided. Please verify any request that is not applicable to your agency or for which you do not have responsive data. Some request numbers contain additional instructions or DCYF/DHS-created materials that have already been provided to OCR. Please add any information specific to your agency. See instructions for submission below. Materials for Batch 1 must be submitted to DCYF by Friday, Feb. 14, 2025.
Supplemental County response, Batch 2 (Q2–8)
DCYF will produce much of the requested data for these questions in mid-February, but may require assistance from counties to pull remaining data elements. We will host additional information sessions and provide detailed instructions for this batch at that time.
Instructions for secure file upload/submission
When your team has completed gathering all the information, please upload your completed response map and associated files to the secure file transfer portal (MN-ITS) 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 DCYF review.
Authority
HHS is the designated agency authorized to investigate complaints and conduct compliance reviews of public entities, including state and local health and human services agencies, in order to ascertain compliance with Title II of the ADA relating to the provision of health care and social services. 28 C.F.R. § 35.171-.178; 28 C.F.R. § 35.190(b)(3). Additionally, HHS is responsible for investigating complaints to determine if recipients of HHS funding operate their programs in compliance with Section 504 of the Rehabilitation Act. 45 C.F.R. § 84.6(a).
Additionally, the remedies, procedures, and rights set forth in Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) are applicable when a state or local government has violated Section 504 of the Rehabilitation Act. 29 U.S.C. §§ 794-794a. This includes taking action against state and local governments that have failed to comply with statutory requirements for nondiscrimination. 42 U.S.C. §§ 2000d-2000d-4a.
Frequently asked questions
- Is my county required to respond to OCR’s supplemental 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 Dec. 2, 2024, OCR provides the following information about its jurisdiction to seek this information:
“OCR has jurisdiction over the MDHS/DCYF pursuant to Title VI, Section 504, and Title II of the ADA. Title VI prohibits discrimination on the basis of race, color, and national origin in federally assisted programs and activities. Section 504 prohibits discrimination on the basis of disability in any program or activity receiving Federal financial assistance and applies to all MDHS/DCYF programs and activities.”
OCR’s jurisdiction is based on the receipt of federal financial assistance, which DCYF, 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 supplemental letter and data request are addressed to DHS and DCYF. 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 and DCYF. 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 and DCYF. 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 and DCYF to collect the requested data from 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. OCR is an agent of the federal government and is making this request to DCYF/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 supplemental OCR request letter?
A. Some of the questions (including questions 1 and 14) in the supplemental data request only apply to DHS and DCYF, who have or will provide a separate response to OCR. You are only required to respond to the requests listed in the County Response Map.
- What types of complaints are needed for Question 15 of the supplemental request (details of disability complaints received by county CPS agencies between 2019 and 2023)?
A. Provide a summary and disposition of child welfare-related complaints concerning disability discrimination as a protected class. This may include complaints of failure to provide reasonable accommodations or denial of benefits and may affect children, families or foster care providers. These complaints should be tracked by county civil rights coordinators or county attorney’s offices.
Title II of the ADA and Section 504 provide that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a covered entity, or be subjected to discrimination by any such entity. 42 U.S.C. § 12132; 28 C.F.R. Part 35; 29 U.S.C. § 794; 45 C.F.R. Part 84.
- Our responses to questions 13, 16, 17, 18, 19, or 20 of the supplemental data request are the same as what we included in our original OCR response from summer 2024. Do we need to re-submit them?
A. The original OCR data request dated May 28, 2024 asked for the position description and responsibilities of county CSP Title VI coordinators, the resume of those responsible for overseeing the county’s CPS office’s compliance with federal nondiscrimination laws, training manuals or other guidance used to train county CPS staff on federal nondiscrimination requirements, including the frequency of nondiscrimination training, and a sample training attendance sheet. If information or documents previously submitted to DHS/DCYF for the original OCR request are unchanged and apply to the supplemental request as well, you do not need to re-submit them. Please reference these materials in your response map.
- For question 21 of the supplemental request, are counties required to offer a way to file a Section 504 grievance?
A. Each county must have a Section 504 grievance procedure. See 45 C.F.R. § 84.7; 45 C.F.R. § 84.10 (def. of recipient).
- What information has already been submitted to OCR by DHS and DCYF?
A. Counties may reference the DHS/DCYF Batch 1 Response Map for materials and information submitted to OCR by DHS and DCYF as of January 31, 2025.
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