Child Support Guideline changes

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The California Department of Child Support Services (DCSS) has informed local child support agencies (LCSAs) about changes to the child support guidelines.

Beginning January 1, 2026, LCSA may no longer plead presumed income in child support complaints.  This change is to implement the 2016 Final Federal Rule.  LCSAs must plead actual income, unless actual income of the parent paying support is unknown or the LCSA has sufficient information and evidence that earning capacity is greater than actual income.  In those two situations, the LCSA can plead earning capacity.  When determining earning capacity when the parent paying support’s income is unknown, the court will consider the circumstances of the parent, including evidence of the parent’s assets, residence, employment and earning history, job skills, educational attainment, literacy, age, health, criminal record and other employment barriers, record of seeking work, and the local job market.

Prior to pleading earning capacity, the LSCS must attempt the contact the parent paying support at least three times, seek information about the parent paying support’s expenses and work history from the person ordered to receive support, and search available databases for information relating to the parent paying support’s employment and income.

All summons and complaints must proceed to a court hearing, and judgments can only be entered after a court hearing.

LCSA’s must review default judgements based on earnings capacity if actual income is unknown withing one year after entry of judgment, and annually thereafter, until the order is modified.  If the LCSA identifies sufficient information and evidence to modify the judgment, it must file a motion within 60 days.  LCSAs or parties have two years from service of the first Income Withholding order to request a set aside.  Within three months of receiving the first collection, LCSAs must check all appropriate sources of income information and if income information exists determine whether the order should be set aside. (CSSP 25-01, December 11, 2025.)

CalWORKs Homeless Assistance Questions and Answers

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The California Department of Social Services (CDSS) has issued questions and answers about CalWORKs Homeless Assistance (HA).

HA serves eligible CalWORKs recipients or applicants who are apparently eligible for CalWORKs, who are homeless or at risk of homelessness.  HA benefits include HA, which helps pay the cost of temporary shelter, and permanent HA, which helps families secure permanent housing or prevent eviction.  Temporary HA is available for up to 16 days.  Temporary HA is issued in an initial payment for three days, follow by payments of up to seven days at a time. \

Permanent HA can used for up to two months of rental arrearages if the housing cost does not exceed 80% of their income.  Permanent HA can also be used for security deposit, last month rent, any legal payment, fee, deposit, or charge, including pet deposit, credit check fee and application fee, which are a condition of securing housing.  Permanent HA can also be used for utility deposits required for gas, electricity, and/or water.

Eligible families may receive temporary HA, permanent HA, or both, once every 12 months with exceptions.

Counties must issue or deny temporary HA within the same working day as the applicant submits the CW 42 request form.  Counties cannot require that the CW 42 be submitted by a specific time of the day.  If the CW 42 is submitted after the close of business, it is considered received the next working day.

Counties must issue or deny permanent HA within one working day of the client submitting the CW 42 form and evidence of the rental agreement.  That evidence includes a written rental agreement or a sworn statement when the rental agreement is questionable or not readily available.  When the rental agreement is questionable or not readily available, the county must try to contact the landlord (with the family’s consent) or verify the permanent housing another way.  That verification cannot delay the issuance of permanent HA.

The CW 42 must have a valid physical or electronic signature to be considered complete.

If the family uses their initial three days of temporary HA, and returns later for an additional seven days of temporary HA, the county cannot require a new CW 42.  The county cannot require a new CW 42 when the family returns for following an initial payment of domestic violence HA as long as the family meets the eligibility criteria.

The county is not required to conduct an in-person or face-to-face interview to process a CW 42. Counties can complete the CW 42 over the phone or have then sign by electronic means.  Counties can also record a verbal attestation.

Counties must issue a notice of action when they grant or deny permanent or temporary HA.

When a family has received the initial three days of temporary HA and requests additional temporary HA, the family must provide verification of the amount spent on temporary shelter, such as receipts.  When a family cannot provide verification, counties are strongly encouraged to accept a sworn statement or grant good cause.  The family must also provide documentation of their permanent housing search unless the county grants good cause.

When permanent HA is for rental arrearages, the county must verify that arrearage payment is a reasonable condition of preventing eviction.  When permanent HA is for new housing, the family must provide verification of the amount spent on permanent housing, and verification that the money was paid to the landlord, within 30 days of receiving the payment.  The county must verify that the family’s rent does not exceed 80% of their income.  The family income includes income of Assistance Unit members and any other person whose income is used to calculate the CalWORKs grant.

Child only cases are eligible for HA.  This includes child only cases with a non-needy caretaker relative.

Refugee Cash Assistance recipients are not eligible for HA.  They may be eligible for the Afghan Support and Investment Program, Housing Assistance for Ukrainians, or Refugee Housing Support Program.

Clients are not required to use all 16 days of Temporary HA for the same instance of homelessness.

If the county suspects fraud, it must still process the HA application in the required timeframe.  The county can refer the case to their Special Investigation Unit.  If the Special Investigation Unit makes a fraud finding, the county must assess an overpayment.

Initial eligibility for domestic violence HA is only for CalWORKs applicants.  However, a family can use their second 16 days of domestic violence HA after their CalWORKs application is granted.  The County must accept a sworn statement that the family is experiencing homelessness because of domestic violence.

For the disaster exception to the once per 12 month period limit on HA, the county must verify that there is a declared disaster where the family’s residence is located.  The uninhabitability exception must be verified through a third-party governmental or private health and human services agency such as a police department, fire department, or health department.  The physical or mental illness exception must be verified through a third-party governmental or private health and human services agency.

Families can receive benefits for more than one HA exception during a 12 month period.  HA for a state or federally declared disaster is limited to once per disaster.

Mismanagement of funds expsts when the recipient does not meet certain program requirements.  For HA, mismanagement exists, unless there is good cause, when (1) the county determines a temporary HA payment was not used for temporary shelter; (2) the family does not provide verification that the temporary HA payment was used for shelter; (3) After more than 30 calendar days, the family has not provided verification of the amount spent for permanent housing and/or that the payment was made to the landlord; or (4) the recipient’s homelessness is the result of a failure to pay rent, other than for a rent increase over 80% of the recipient’s income, reasonable withholding of rent, or domestic violence.  (ACIN I-57-25, November 3, 2025.)

Overview of Transforming CalWORKs changes

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The California Department of Social Services has informed counties about changes to the CalWORKs program from the Transforming CalWORKs initiative encompassed in SB 119 and SB 146.

Effective immediately, the county must gather the recipients determination of their skills, prior work experience, and employability as part of the appraisal.  Participants whose Welfare-to-Work (WTW) activity is not immediately available will not longer be required to participate in job search.  Participants who do not obtain unsubsidized employment at the end of their WTW plan will no longer be required to do a reappraisal and are not limited in the WTW activity they can choose.

Effective July, 2026, or when any required automation is completed, orientation and appraisal will be combined.  Participants will be able to complete the appraisal independently.  The appraisal will be available online.  Job search and job club will not longer be required for participants following orientation and appraisal.  Participants will be able to complete their WTW plan independently.  If the participant does not complete the appraisal and WTW plan within 45 days, or if the participant asks for help, the county will set an appointment to help them.  Counties will review and update participants’ WTW plan regularly.

There will be several more allowable WTW activities, including mental health, substance abuse, CalWORKS home visiting, and domestic violence services; financial literacy classes and coaching; activities that develop and enhance workplace skills, activities to help ensure child well-being, health, education and welfare; activities that lay the foundation for employment; and activities related to legal issues or housing stability.

All transportation supportive service payment will be required to be advanced to the participant.  Participants will not be able to be sanctioned if child care was not available during a missed activity.

There will be no sanctions during the first 90 days receiving CalWORKs.  A sanctioned participant will be able to cure their sanction by stating verbally or in writing that they want to participate in WTW activities.  (ACL 25-78, October 31, 2025.)

CalFresh mid-period actions questions and answers

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The California Department of Social Services (CDSS) has issued questions and answers about mid-period reporting for CalFresh.

If the county cannot determine the impact of a mid-period report on the household’s benefits, the county must contact the household.  If that is unsuccessful, the county must document the information in the case record and send the household a No-Change Notice of Action.

When a household reports a change in shelter expense mid-period and does not provide the amount of the new shelter cost, the county must send the household a CW 2200 Request for Verification form.  The client’s statement of the new shelter cost is sufficient verification.  The County allow ten days to provide the verification.  If the household does not provide the information, the county must document the information in the case record and send a No-Change notice of action.  If the shelter expense information is questionable and verification is not provided, benefits must be recalculated without the shelter cost.

When a household reports an address change mid-period, the county must act on any change in shelter cost related to the address change. If the household does not provide the new shelter cost, the county can attempt to contact the household.  If that is not successful, the county must send a CW 2200 Request for Verification form to the household.  If the household does not provide the information within 10 days, the county calculates the benefits without the shelter cost.  Note that California has a waiver until June 30, 2026 that if the household does not provide new shelter cost information, the county will update the address but not change the shelter cost information until the next recertification or periodic report.

If a household makes a mid-period report and provides necessary information and/or verification, the county must determine if the information is a mandatory mid-period report or is verified upon receipt. If it is neither a mandatory mid-period report nor is verified upon receipt and the change would decrease benefits, the county does not act on it.  If the report will increase benefits, the county must act on it for the next monthly benefit allotment.

When a new household member is reported mid-period, the county does not consider the new household member’s income for purposes of the Income Reporting Threshold.  The county must update the household’s Income Reporting Threshold to reflect the new number of household members.

Counties do not verify changes in income from the same income source that are $50 or less.  However, counties must act upon changes in income from the same income source that are less than $50 if the additional income puts the family over the Income Reporting Threshold.

Households with income between 131 and 200 percent of the Federal Poverty Level do not have an income reporting threshold requirement.  Mid-period reports of income for those households are not actionable.

When multiple household composition changes are reported at the same time, the county can only act on the household composition changes that increase benefits.  (ACIN I-58-25, October 14, 2025.)

CAPI Cost of Living Increase

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Effective January 1, 2026, Cash Assistance Program for Immigrants benefits will increase by 2.8 percent.  This increase is because of the Social Security and SSI 2.8 percent cost of living adjustment (COLA) and the amount of CAPI benefits is linked to the SSI benefit amount.

The COLA increase will also increase the presumed value of in-kind support and maintenance, the allowance for ineligible children in deeming situations, the sponsor’s allocation in sponsor deeming situations, and the allowance for parents in parent-to-child deeming situations.  (ACIN I-59-25, December 16, 2025.)

AFDC Foster Care Eligibility and Redetermination Rules

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The California Department of Social Services issued a reminder regarding federal and state requirements for eligibility and redetermination for foster youth and non-minor dependents.

Annual redeterminations are not required after the initial eligibility decision is made for a foster youth or a non-minor dependent. Deprivation only needs to be determined at the time of initial eligibility and foster youth and non-minor dependents who remain in a continuous foster care episode continue to be eligible regardless of income or resources. The county agency must establish AFDC Foster Care (AFDC FC) eligibility at the time the youth is removed from the home, when a voluntary placement agreement is entered, or when the youth reenters foster care.

Welfare and Institutions Code sections 11155.5 and 11401.5 now state that a youth’s income or resources must not be used to determine eligibility or the amount of an AFDC FC payment at any time during a foster care episode. This includes tribal per capita or other disbursements. Eligibility also cannot be redetermined solely because a youth turns eighteen years old. Foster youth and non-minor dependents who are in a continuous foster care episode remain eligible for AFDC FC payments regardless of income, monetary value, or resources if all other eligibility requirements are met. Eligibility determinations are not to be conducted because of temporary absences from placement such as trial home visits or other temporary placement changes.

When a non-minor dependent reenters foster care, the county must conduct a new AFDC deprivation determination, and that determination must be based only on the non-minor dependent’s income and resources and not on family income. If the non-minor dependent is not federally eligible at that time based on their own income and resources, they can still be eligible for a foster care payment without federal participation if all other criteria are met. Counties must continue to evaluate all factors that affect eligibility for a payment, including continuing dependency, age, eligible placement type, and participation conditions for non-minor dependents.  (ACIN I-50-25, October 13, 2025.)