Child Care Family Fees changes

The California Department of Social Service (CDSS) has issued a Child Care Bulletin (CCB) to guide counties and contractors regarding the implementation of Assembly Bill (AB) 116. The bill authorized the restructuring of Family Fee Schedules and allows exceptions to the payment of certain family fees in the following programs: Alternative Payment Programs (CAPP), Migrant Alternative Payment Programs (CMAP), Migrant Child Care and Development Programs (CMIG), General Child Care and Development Programs (CCTR), Family Child Care Home Education Networks (CFCC), and California Work Opportunity and Responsibility to Kids (CalWORKs) Stages One, Two (C2AP), and Three (C3AP).

Families are exempt from paying fees if they meet the following circumstances: families with children identified as at risk of abuse, neglect, or exploitation; families with children who are receiving Child Protective Services; families receiving CalWORKs cash aid; families receiving Child Care and Development Services for Children with Special Needs; families enrolled in the Federal Based Migrant Program; families eligible for child care based on “experiencing homelessness”; and families with an adjusted monthly family income below 75 percent of the state median family income.

CDSS must establish a family fee schedule for families receiving child care and development services based on the most recent census data on median family income. AB 116 establishes that family fees cannot be based on the cost of care or the amount of subsidy payment. Family fees also cannot exceed 1 percent of the family’s adjusted monthly income. If a family’s monthly income is below 75 percent of the state median income, they will not be assessed a family fee. AB 116 also waives any family fees accrued but uncollected before October 1, 2023. However, child care providers receiving subsidies should not absorb a reduction in pay because of waivers or reductions of family fees.

Family fees must be assessed at three points: initial certification, recertification, and when a family requests a reduction to their family fees.

At initial certification, contractors will assess fees using the monthly certified need. For families with fluctuating incomes, contractors must allow families to provide up to 12 months of income information to determine income eligibility or calculate family fees. The adjusted monthly income from these households should be calculated using the average total countable income from at least two months. When a family’s initial enrollment is not the first day of the month, the contractor must assess a fee based on the certified hours for the partial month and another fee for the months after based on the certified need that is documented. If a change is made to the family fee at any point a written Notice of Action (NOA) must be issued.

Family fees should be assessed but not collected through September 30, 2023. Contractors should instruct providers to suspend collecting family fees during the period that fees are waived. Fee waivers are not permanent changes to statutes or regulations. When family fees are waived, contractors should reimburse the child care provided for the full amount without deducting family fees. Contractors should have policies in place to communicate the due date for payment of fees to parents.

Childcare and development contractors are required to report the amount of family fees collected and family fees that were assessed but waived.

Delinquent Family Fee Plans including outstanding fees were resumed July 1, 2021. However, families cannot be terminated due to these outstanding fees and families have the option to pay off any balance that existed before March 2020 with the amount paid being credited to their accounts. Additionally, counties and contractors can forgive family fees accrued but uncollected before October 1, 2023.  (CCB 23-22, August 31, 2023.)

Local Social Security Office Mobile Check-In

Social Security offices have enabled a Mobile Check-In feature.  To use Mobile Check-in, clients scan the QR code at the Social Security office they are visiting to check in for both scheduled and unscheduled visits.  The Mobile Check-in requires clients to enable mobile location service and use the latest version of their internet browser.  Clients will need to be at the Social Security office when their ticket number is called.  Clients will need to enable mobile notifications.

Mobile Check-In will show clients their place in line, alert when someone is able to assist, provide the interview location, and invite participation in a feedback survey.  (Social Security Dear Colleague Letter, October 24, 2023.)

Posted in SSI

Revised CalWORKs Welfare-to-Work exemption and time on aid forms

The California Department of Social Services (CDSS) has issued revised CW 2186A, CalWORKs Exemption Request, and CW 2184, CalWORKs 60-Month Time limit forms.

Effective January 1, 2022, all pregnant CalWORKs recipients are exempt from Welfare-to-Work.  Effective October 1, 2024, or when automation is complete, whichever is later, the CalWORKs time on aid will stop for recipients who also receive Paid Family Leave benefits from the Employment Development Department.

CDSS has issued revised CW 2186A and CW 2184 forms that include these new exemptions.  Counties must begin using these new forms when the Paid Family Leave exemption goes into effect. (ACL 24-07, January 26, 2024.)

ITIN and SSN requirements for IHSS applicants and recipients

The California Department of Social Services (CDSS) has issued instructions about In Home Supportive Services (IHSS) recipients as employers of their providers.  The IHSS recipient is an employer of record of the provider.  CDSS performs payroll and other functions for the IHSS recipient. For CDSS to complete these functions, all IHSS recipient and applicants must have a Social Security Number (SSN).  If the applicant or recipient does not have a SSN, they must have or apply for a Individual Taxpayer Identification Number (ITIN).

CDSS must register IHSS as an employer of record with the Employment Development Department (EDD). To establish the IHSS recipient as an employer of record, EDD requires the recipient to have either a SSN, or, if ineligible for a SSN, apply for an ITIN through the Internal Revenue Service.

Counties cannot deny an IHSS application if the applicant does not have either a SSN or ITIN. The county will redirect applicants who do not have a SSN or ITIN to apply for an ITIN through the Internal Revenue Service. During the process for receiving an ITIN, which can take 60 to 90 days, the county must still process the IHSS application. Counties can help applicants or recipients apply for an ITIN. (ACIN I-70-23, November 21, 2023)

CalWORKs Domestic Abuse policies

The California Department of Social Services has updated its guidance and provided policy reminders regarding the support of domestic abuse survivors through the California Work Opportunity and Responsibility to Kids (CalWORKs) program. Before the implementation of AB 2277, the County Welfare Department (CWD) had the option to waive certain program requirements for a recipient who was identified as a past or present survivor of abuse if the CWD determined good cause existed. AB 2277 has changed this option to make it a requirement for the CWD to waive program requirements for recipients identified as past or present survivors of abuse. However, certain eligibility requirements can’t be waived including deprivation, assets, income, and homeless assistance (HA) except as detailed below.

Counties must provide informing materials about domestic abuse at application, the beginning of welfare-to-work services, and recertification.

County staff are required to recognize indicators of abuse to the best of their ability. Staff interacting with survivors must make every effort not to reinforce trauma by being aware of triggers that cause reactions to trauma. Using a trauma-informed lens, staff must make efforts to ensure that the program and waiver process are accessible and built around the client’s needs.

Counties can give good cause waivers if they determine there is a condition or circumstance that impairs or prevents the recipient’s ability to participate in Welfare-to-Work (WTW) activities. Program requirements that the county can waive include, but are not limited to: time limit on aid, paternity establishment, child support cooperation, and proof of age-appropriate immunizations for children under the age of six Sworn statements by survivors of abuse are enough to verify abuse. County staff must not require identifying details of abuse or the abuser. Adults who receive Supplemental Social Security Income (SSI), non-needy caregiver relatives, and ineligible non-citizens cannot be given good cause waivers. Counties may not condition these waivers upon participation in specific activities, including attending counseling.

Domestic abuse waivers stop the CalWORKs time on aid clock. Domestic abuse survivors can have their time on aid clock extended and be added to the Assistance Unit when they meet good cause criteria.

Counties must have written policies for re-evaluating good cause waivers and the granting of good cause waivers retroactively. These waivers must be reviewed every three months to ensure the survivor’s needs are met.  Waivers must continue to be granted if the effects of abuse are impacting the family. Counties must also establish criteria for granting good cause waivers retroactively. These waivers can be given for more than three months when the failure to grant the waiver was due to errors by the CWD. These criteria must be provided in the county’s domestic abuse policies and procedures.

Survivors are also eligible for programs including permanent or temporary CalWORKs Homeless Assistance (HA) to the maximum allowable amount and can be granted exceptions of up to an additional 48 days of temporary HA. Survivors may also be eligible for CalFresh benefits and receive expedited services and an additional month of benefit allotment as a separate household.

Non-citizen survivors certified by the Office of Trafficking in Persons (OTIP) who are eligible are entitled to the same benefits as those admitted to the United States as refugees. Non-citizens who are not eligible for CalWORKS may be eligible for state-funded benefits and services through the Trafficking and Crime Victims Assistance Program (TCVAP). Certain non-citizen survivors who are certified by OTIP may be eligible to receive Refugee Cash Assistance (RCA) or Entrant Cash Assistance (ECA).  (ACL 23-109, December 29, 2023.)

Civil rights complaint language

The California Department of Social Services (CDSS) has updated its appeal language for civil rights complaints. There are three main changes to the appeal language. The first of these changes increases the amount of time CalFresh complainants have to file civil rights appeals to the United States Department of Agriculture (USDA) to 90 days from the previously set 30 days.

The next two changes were implemented because of the Supreme Court’s decision in Bostock v. Clayton County which established that discrimination based on sexual orientation or gender identity is also considered discrimination based on sex. The second change establishes that complainants may appeal Cal Fresh complaints to USDA based on  gender identity and sexual orientation. It has also added reprisal or retaliation for prior civil rights activity as a protected category. The third change establishes that complainants may file discrimination complaints with the United States Department of Health and Human Services (HHS) based on  pregnancy, sexual orientation, and gender identity.

Counties must use the provided language from the USDA when informing people of their right to appeal to the USDA. Additionally, the requirements to inform of the right to appeal to CDSS or the USDA do not apply when the complainant fails to participate or withdraws the complaint and no County Welfare Department (CWD) decision was made. However, complainants must be informed of their right to file their complaint with the HHS. Mail or email can be used to inform complainants of complaint outcomes.  (ACL 23-98, November 27, 2023.)