Yearly Archives: 2017

CalWORKs eligibility when child dies

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CDSS has issued instructions about implementing AB 433 (2015) regarding CalWORKs eligibility in the event of death of a child.  AB 433 requires that if the county becomes aware of the death of a child, CalWORKs benefits cannot be decreased in the month of the death or the following month.  Note that for semi-annual (SAR) reporters, change in household composition is not a mandatory mid-period report.  This means SAR reporters are not required to report death of a child until the next semi-annual report.  However, if death of a child is reported, the county must act on that information.  For AR/CO reporters, death of a child must be reported within 10 days and AB 433 means these families are eligible for an additional month of benefits following the death.

In addition, AB 433 prohibits sanctions or overpayments for failure or refusal to comply with Welfare-to-Work requirements during the month the child died or in the following month.  ACL 16-90 (October 21, 2016).

Resource Family Approval Hearing Procedures

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CDSS has issued instructions about administrative hearings in the Resource Family Approval (RFA) program.  RFA is a unified process for licensing foster family homes, approving relatives and non-relative extended family members as foster care providers, and approving adoptive families.  AB 403 amended Welfare and Institutions Code Section 16519.5 to create a right to a state hearing to appeal a county action denying or rescinding a RFA or criminal records exemption, or CDSS’ action to exclude an individual from a resource family.  A resource family parent, applicant or associated person will have the right to a state hearing to challenge application denial, rescission of approval, exemption denial or approval, or exclusion.  Such a hearing must be requested within 25 days of service of a notice of action, or 30 days if the notice is mailed.

Disputes regarding submission of an alleged severe neglect or child abuse incident to the Child Abuse Central Index are submitted to the county and there is not state hearing jurisdiction for these disputes.  There is also no right to a state hearing regarding decisions to remove or place a foster child and those disputes can be submitted to the county grievance procedure.

Cases where a county denies a relative or non-relative extended family member approval to provide foster care  and approval is requested prior to December 31, 2016 will continue to have the right to a state hearing under the court order in Harris v. California Department of Social Services.

Hearings will occur before either the California Department of Social Services State Hearings Division or the Office of Administrative Hearings.  For a description of the issues that are heard by the California Department of Social Services State Hearings Division or the Office of Administrative Hearings see Resource Family Approval Program Written Directives Version 3 at pp. 79-81.  (ACL 16-110, December 19, 2016.)

Changes to Treasury Offset Program

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CDSS has issued instructions to counties regarding the change in federal law in the timeframe for referring debts to the Treasury Offset Program (TOP) from 180 days to 120 days.  TOP allows federal debts to be submitted for offset from federal tax returns and other federal payments.  A CalFresh overissuance is considered a federal debt that is submitted to TOP if the submission requirements are met.

TOP requires a pre-offset warning notice, which will now be sent 31 days after the notice of action that alleges the overissuance.  This gives the debtor 60 days to pay the debt, enter into a repayment agreement or request an administrative review.  The TOP process stops if the debtor requests an administrative review within 60 days of the pre-offset notice, requests a fair hearing within 90 days of the notice of action that alleged the overissuance, or files bankruptcy.

At 120 days after the notice of action, if the debtor has not paid the debt, entered into a repayment agreement, requested a fair hearing or filed bankruptcy, CDSS will send the debt to the Food and Nutrition Service for referral to TOP.  ACL 16-108 (December 28, 2016).

WTW Participation for Teens

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CDSS has issued instructions about Welfare-to-Work (WTW) requirements for 16 and 17 year olds.  WTW requirements apply to 16 and 17 year olds in two situations.  First, non-parenting 16 and 17 year olds who either a school district or School Attendance Review Board have found to be chronic truant must be referred for a WTW plan unless an exception applies.  The only purpose of this plan is to complete high school or its equivalent.  These 16 and 17 year olds can voluntarily participate in other WTW activities as long as those activities do not interfere with school attendance.  All supportive services are available to these 16 and 17 year olds.

A non-parenting teen who does not comply with this WTW plan is subject to a school attendance penalty.  In this instance, the needs of the 16 or 17 year old are removed from the assistance unit but the 16 or 17 year old remains eligible for CalWORKs services.  If a 16 or 17 year old is not enrolled in a secondary school, the county must assist in becoming enrolled and the 16 or 17 year old has good cause until they are enrolled.

Non-parenting 16 and 17 year olds who complete high school or its equivalent, and 16 and 17 year olds who complete participation in CalLearn upon graduating from high school or its equivalent, are required to participate in WTW unless exempt.  Counties must conduct an assessment and develop WTW plans for these 16 and 17 year olds.  Only adults are subject to minimum participation requirements. However, the county must include a required number of participation hours in the WTW plan not to exceed 20 average hours per week.

These 16 and 17 year olds are mandatory WTW participants who are subject to sanction for noncompliance unless they are exempt or have good cause.  In addition to other exemptions, these 16 and 17 year olds are exempt if they have enrolled in or are planning to enroll in a postsecondary educational, vocational, or technical school training program.

In general, persons sanctioned by CalWORKs also receive a CalFresh sanction.  Non-head of household 16 and 17 year olds are exempt from CalFresh work requirements and are not subject to this CalFresh sanction.  However, head of household 16 and 17 year olds may be subject to work registration requirements and are subject to CalFresh sanction for failure to comply with CalWORKs WTW requirements.  ACL 16-99 (December 8, 2016.)

Public Charge and CalFresh

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CDSS has transmitted a letter from the United States Citizenship and Immigration Service stating that receipt of CalFresh or other programs that do not provide cash does not impact immigration status.  The letter clarifies that applying for or receiving CalFresh does not affect a recipient’s application to become, or existing status, as a lawful permanent resident.

The letter also reminds noncitizens that the only time an immigration officer can ask about use of CalFresh is when the interviewing officer suspects fraud.  ACIN I-86-16 (December 6, 2016).

Social Security COLA Affect on CalWORKs and CalFresh

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Effective December 30, 2016, recipients of benefits from the Social Security administration will receive a 0.3% cost of living increase in their Social Security benefits.  CDSS has issued instructions counting the increase in Social Security benefits for CalWORKs and CalFresh.

For CalWORKs and CalFresh households in the final month of their semi-annual reporting period in December, 2016, the Social Security increase is reasonably anticipated income, must be reported on the Semi-Annual report and will be considered in determining ongoing benefits.  For other CalWORKs and CalFresh households, the Social Security increase is a mandatory mid-period change and counties must adjust benefits effective January 1, 2017.  The Social Security increase will cause a mid-period change for annual reporting/child only cases.

This change may affect CalWORKs assistance units and CalFresh households where a member receives Social Security Disability, retirement, survivors or dependant’s benefits.  The COLA increase will not affect SSI cases because SSI recipients are not considered members of the CalWORKS assistance unit or members of the CalFresh household and SSI does not count as income.  (ACIN I-92-16, December 20, 2016.)