Author: Stephen Goldberg

Reasonable accommodations in CalWORKs program

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County Welfare Directors (CWDs) must ensure meaningful access to CalWORKs and Welfare-to-Work (WTW) programs for individuals with any physical or mental impairment that substantially limits major life activities, regardless of whether a disability is formally diagnosed. Importantly, County Welfare Directors (CWDs) must not wait for individuals to use specific language or make formal requests; instead, they are required to recognize and respond when a disability is known or obvious.

CWDs must notify all CalWORKs applicants and recipients of their right to request reasonable accommodations, the existence and location of available services, activities, and facilities, as well as information about complaint procedures. Notice of information can be given verbally, in written communications, or published in notices and outreach materials provided in waiting rooms and reception areas. Notices should always be given in plain language.

There are multiple specific ways CWDs must notify CalWORKS applicants and recipients of their rights and the CWD policy on nondiscrimination. Posters must be prominently displayed in all CWD waiting rooms and reception areas. California Department of Social Services (CDSS) Publication 13 must also be distributed and verbally explained to applicants in their primary language at the time of initial application and recertification.  CWD recruitment materials must include a notification stating that individuals cannot be discriminated against based on disability during admission, access, or treatment. All web pages with general information about CalWORKs must also contain a nondiscrimination statement.

When a disability is known or obvious, CWDs must determine whether a CalWORKs applicant/recipient needs additional assistance. Examples of scenarios when a disability is known or obvious include an individual using a mobility device, utilizing a service animal, requesting auxiliary aid, having a history of receiving disability, verbally disclosing a disability, or indicating a disability on their application. CWDs may choose to establish phone screen questions for intakes and determinations, which is helpful in situations where applicants or recipients have disabilities that are not immediately apparent. CWDs should inform applicants/recipients that disclosure of a disability is not required. Additionally, CWDs cannot wait until the completion of a disability assessment to offer a reasonable accommodation.

Once a disability is known or obvious, the CWD must ask whether accommodation is needed. Any difficulty meeting CalWORKs program requirements could indicate the presence of a disability. If a disability is on file, the CWD must ensure accommodation is offered. If accommodation is already provided, the CWD should explore the need for additional accommodation. In situations where the individual has not reported a disability, the CWD should inquire about the need for accommodations.

Accommodation requests can be made at any time during applicant/recipient interaction with a CWD or contracted service provider. Requests can be made in person, by telephone, in writing, or via an authorized individual acting on their behalf. A request can be made to accommodate the disability of an associated.  There are no specific words that an applicant or recipient must use to initiate a request. An applicant/recipient does not need to disclose a particular diagnosis or condition before requesting accommodation, and a CWD cannot ask for verification nor challenge the legitimacy of the accommodation. CWDs must document all disclosures of disability-related needs, accommodation requests, and actions taken by CWDs in the applicant/recipient’s case file.

A CWD may only deny a reasonable accommodation request when the requested service would fundamentally alter the nature of the program or impose undue financial/administrative burdens on the program. The CWD director must make determinations for denials.

CWDs are required to provide civil rights training to all staff at a minimum bi-annually.  The obligation to train staff in civil rights and reasonable accommodations applies to the CWD as well as CWD contractors and vendors. Special training beyond standard civil rights and reasonable accommodation training can be given to staff whose duties include more specialized disability-related activities.

A CWD is obligated to ensure effective communication with individuals who have disabilities. This obligation extends to companions, defined as a family member, friend, or associate of the applicant/recipient who is an appropriate person for communication. A companion can be an authorized representative or caregiver and does not need to have the power of attorney privileges.

CWDs must provide auxiliary aids and services to individuals with disabilities to ensure effective communication. Primary consideration is given to the auxiliary aid or service requested. CWDs must be prepared to offer accommodation regardless of language. Qualified bilingual staff must be certified and possess the language skills to provide the same level of service to non-English-speaking applicants and recipients.

A CWD must offer individuals with disabilities an equal opportunity to participate in Welfare-To-Work (WTW) programs. A person with a disability can receive a reasonable accommodation under WTW. Individuals with disabilities are not automatically exempt from WTW.  Examples of accommodation include adjusting the number of hours and types of activities required under WTW, exemptions from participation, time on aid limits, extensions of time on aid limits, and voluntary participation in WTW activities. CWDs are encouraged to experiment with work activities for individuals with disabilities, including but not limited to specialized work experiences. Exemption requests serve as a notice of disability that obliges CWDs to pursue accommodation.

Under the Americans with disabilities act (ADA), CWDs must offer reasonable accommodations at the first point of contact with an applicant or recipient if a disability is known or obvious. They cannot delay accommodations until after screenings or evaluations. Under CalWORKs, accommodations may be suggested during learning disability or mental health evaluations, and the resulting information can guide accommodations in the participant’s WTW plan. Any accommodations must be discussed with the participant and documented in evaluation reports.

However, CalWORKs procedures do not replace ADA requirements. ADA rights exist independently of screenings and remain valid even if evaluations show no disability or if screenings are declined. Recipients may request ADA accommodations at any time, and the CWD must review and act on those requests.

Welfare-to-work accommodation may be needed for individuals in recovery or with a history of substance abuse. Examples of accommodation could include adjusting work schedules for treatment or permission to refuse a job where the individual would encounter controlled or legal substances.

A CWD may determine an individual has “good cause” for noncompliance with WTW program requirements. In determining whether good cause exists, a CWD considers whether the participant has a mental disability or learning disability that contributed to the failure to comply with program requirements. CWDs are obligated to offer, document, and provide accommodation if needed.  Good cause can be granted if employment or training for employment discriminates based on age, sex, race, religion, national origin, or disability. Good cause requests require consideration under both the Americans with Disabilities Act and CalWORK’s regulations.  Counties must provide WTW services in the most integrated setting appropriate to their needs.

A participant’s failure to meet program requirements could stem from a CWD’s inability to offer or provide reasonable accommodation. Individuals may file disability discrimination complaints if they believe sanctions occurred due to unmet reasonable accommodation. If a disability is raised during the sanction process, CWDs must pause enforcement actions and revisit the case with accommodation considerations in mind.

Individuals with physical or mental disabilities that significantly limit employment or WTW participation may request a disability-based exemption. The request serves as notice of a disability or possible need for accommodation. Exemption procedures do not replace the CWD’s ADA duty to offer, document, and provide reasonable accommodation. Even exempt WTW participants may need accommodation in other CalWORKs activities. Exempt individuals must also be informed of their right to voluntarily participate in WTW, with supportive services and accommodations provided if they choose.

Applicants/recipients with limited English proficiency (LEP) and disabilities may require both language services and accommodations. CWDs must proactively identify and provide support, using certified bilingual staff or interpreters who have the language skills and cultural awareness to communicate effectively, including knowledge of disability-related terms and cultural attitudes toward disability. Bilingual staff should use this awareness to educate, assist with self-identification, and discuss accommodations in a culturally competent way, allowing adequate time for interpretation. LEP applicants may not realize they can request both accommodations and bilingual services—for example, someone with LEP and low vision may need large-print materials in their language, or someone with LEP and memory challenges may need interpreters to speak slowly so they can take notes. (ACL 24-65, October 1, 2024.)

Funding for HDAP, Bringing Families Home and Home Safe programs

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The California Department of Social Services (CDSS) announced that a total of $209.4 million in new one-time funding has been allocated for the 2025-26 fiscal year for housing and homelessness programs. These funds come from the Budget Act of 2025 and will be distributed to counties and eligible Tribal grantees to continue and expand three programs: Bringing Families Home (BFH), the Housing and Disability Advocacy Program (HDAP), and the Home Safe Program. The funding period for these programs will run from July 1, 2025, through June 30, 2028. Unlike past years, there are no matching requirements for counties or Tribal governments.

The Bringing Families Home program will receive $81 million to provide housing-related support to families in the child welfare system who are homeless or at risk of homelessness. The Housing and Disability Advocacy Program is allocated $44.6 million in additional one-time funding, which will supplement the ongoing $25 million that the state already provides annually. This program focuses on outreach, housing assistance, and disability benefit advocacy for people experiencing or at risk of homelessness who may qualify for disability benefits. The Home Safe program will receive $83.8 million to support older and dependent adults, including those involved with Adult Protective Services or Tribes, who are facing homelessness or housing instability due to abuse, neglect, or related risks.

Current grantees are strongly encouraged to continue running their existing programs without interruption to ensure families and individuals maintain housing stability and avoid returning to homelessness. Grantees may begin claiming eligible expenses for these programs starting July 1, 2025, and can continue to do so until final allocation amounts are released. The new one-time funding is in addition to any unspent funds from the 2021 and 2022 Budget Acts, which are still available for use. To avoid overspending before allocations are finalized, grantees are advised to limit their spending to the average quarterly amount they claimed in the 2024-25 fiscal year.

For Tribal grantees, CDSS will provide more details in separate communications and will engage directly with Tribal governments and organizations before finalizing allocations. For counties, the state has extended the deadline to spend and claim funding from earlier budget cycles, allowing grantees to use 2021 through 2024 program funds for two additional quarters, up to the December 2025. (ACWDL, July 30, 2025.)

CalFresh Minimum Nutrition Benefit Pilot Program Revised Implementation Date and Eligibility Criteria

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The California Department of Social Services (CDSS) has provided information about the implementation date of the CalFresh Minimum Nutrition Benefit Pilot Program (MNB Pilot). CDSS also announced revised MNB Pilot program criteria.

The required automation for the MNB Pilot will be completed in the California Statewide Automated Welfare System (CalSAWS), for the implementation date of December 1, 2025.

The new MNB Pilot eligibility criteria are that households must meet all of the following requirements to be eligible to participate in MNB Pilot:

  • Households must be eligible for the Elderly Simplified Application Project (ESAP)
  • Must receive a monthly food benefit allotment of less than $60.
  • Households must have two or more CalFresh eligible members.
  • Eligible households must be receiving CalFresh on December 1, 2025, or have a pending application for CalFresh that is approved with a beginning date of aid on or before December 1, 2025.

Benefits issued under the MNB Pilot will not be replaced if lost in a disaster, including a household misfortune or stolen by electronic theft.

Correction of any MNB Pilot underissuances must be made no later than June 30, 2027. The (MNB Pilot) program will operate from December 1, 2025 through November 30, 2026. (ACL 25-59, August 8, 2025.)

 

Child care family fees

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The California Department of Social Services has issued the new child care Family Fees Schedule effective July 1, 2025.  The Family Fees Schedule applies to seven different subsidized child care programs.  Fees must be assessed at initial certification, recertification, and when a family reports a change that will reduce fees.

Families who are exempt from paying fees are: families with children receiving Child Protective Services may be exempt for 12 months, families receiving CalWORKs, families receiving Child Care and Development Services for Children with Special Needs, families experiencing homelessness in counties with approved policy flexibilities, and families with income below 75% of state median income.

Families with fluctuating income can choose to provide 12 months of income verification and use an average of at least two months to determine their income.  Families with variable or unpredictable work schedules use the highest number of hours worked in any given week for the child care schedule.

Contractors must prorate fees for the first month if services do not begin on the first day of the month.

Family fees must be reassessed at recertification, which is at least every 24 months.

Contractors must issue a Notice of Action upon recertification, which may include a change in the family fee.  If the fee decreases, the change is effective the first day of the month after the Notice of Action is issued.  If the fee increases, the change is effective that first day of the month after the appeal period expires.  Families have 14 calendar days from the date of the notice to appeal.  Fees remain unchanged while the appeal is pending.

Family fees cannot be increased for any reason during the eligibility period.

If the new fees schedule causes a decrease in the family fee, the contractor must decrease the fee.  If the new fees schedule causes an increase in the family fee, there is no change until recertification.

Contractors must communicate the due date of payment of fees to parents. (CCB 25-16, June 19, 2025.)

Income eligibility for subsidized child care

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The California Department of Social Services (CDSS) has released the new Schedule of Income Ceiling which determines eligibility for state subsidized child care.  It is effective for families enrolled after July 1, 2025. CDSS has also released the new Ranking Table to determine priority for enrollment in state subsidized child care for Fiscal Year 2025-26.

First priority for enrollment is given to neglected or abused children who receive child protective services, or who are ask risk of abuse or neglect based on a report from a legal, medical or social services agency.  Second priority for enrollment is given to families with the lowest gross income.  When two or more families have the same priority based on income, the order of admission is families with a child who has special needs, then family’s primary home language is not English, then the family who spent the longest time on the waiting list.

Families who are eligible based on receiving MediCal, CalFresh, California Food Assistance Program, WIC, Food Distribution Program on Indian Reservations, Head Start, Early Head Start, or CalWORKs are priorities based on income declared on the application for that program.  (CCB 25-17, June 24, 2025.)

CalFresh changes in federal reconciliation bill

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The California Department of Social Services (CDSS) has provided information about changes to the federal Supplemental Nutrition Assistance Program (SNAP, knows as CalFresh in California) as a result of H.R. 1, the federal budget reconciliation act.

The act restricts updates to the Thrifty Food plan amount (the food cost used to determine benefit amount) to no earlier than January 1, 2027, and any benefit increase must be cost neutral.  The act requires that households with nine or more members will receive an additional 22 percent per member.  The act caps benefit amounts for households with 18 or more
members.

The act changes rules regarding Able Bodied Adults Without Dependants (ABAWDs).  When implemented, the ABAWD requirements will apply to persons age 18-64, limits the work requirement exemption for to households with a dependent child under age 14, eliminates the exceptions for former foster youth, veterans and homeless are repealed and adds a new exception for tribal members who are eligible for Indian Health Service services is added.  The threshold for a waiver of the ABAWD requirements will be raised to the unemployment for an area being over 10%, and ends waivers based on lack of sufficient jobs.  CDSS is waiting for additional guidance for implementation.

Internet expenses will no longer count toward the excess shelter deduction.  California had not yet implemented counting internet expenses toward the excess shelter deduction, so this change will not impact California policy.

California currently provides a $20.01 Low Income Home Energy Assistance (LIHEAP) payment to allow all households to claim the Standard Utility Allowance.  This option is called Heat and Eat.  The act prevents states from continuing Heat and Eat.  CDSS is waiting for additional guidance for implementation.

Effective October 1, 2027, states must pay a percentage of CalFresh benefit allotments on a sliding scale based on the state’s error rate.  States with an error rate below 6% will have zero match.  States with an error rate between 6% and 7.99% will have a 5% state match.  States with an error rate between 8% and 9.99% will have a 10% state match.  States with an error rate of 10% or higher will have a 15% state match.

States will be able to choose to use to use their error rate for fiscal year 2025 or 2026 to calculate their fiscal year 2028 match.  After that, states must use their error rate for the third fiscal year prior to determine their match percentage.

Effective October 1 2026, the federal portion of administrative costs will be reduced to 25%.

The act repeals the National Education and Obesity Prevention Grant Progam (SNAP-Ed).  As a result, the CalFresh Healthy Living program will end on September 30, 2025.

Most qualified immigrants will no longer eligible for CalFresh, including refugees, asylees, public interest parolees, battered noncitizens, trafficking victims, and others.  Exceptions are Cuban and Haitian Entrants, Lawful Permanent Residents and Compact of Free Association states citizens.  Financial resources of ineligible noncitizens in a CalFresh household will be included in eligibility and benefit determinations.  CDSS is waiting for additional guidance for implementation.  (ACL 25-50, July 14, 2025, ACL 25-50E, August 26. 2025.)