Yearly Archives: 2018

Guidance on discrimination complaint summary investigation letters

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The California Department of Social Services (CDSS) has issued instructions the content of letters from county civil rights coordinators that provide the county’s determination of complaints following their investigations.  An applicant for or recipient of benefits or services from a CDSS program can file a civil rights complaint with the county welfare department if they believe they have been discriminated against in violation of federal or state anti-discrimination laws.  An applicant or recipient has the right to appeal a county determination of a civil rights complaint to the CDSS Civil Rights Bureau.  The letters provided to complaintants provide a brief summary of the allegations and the reasons for the County’s determination. This is necessary to give the complaintant sufficient information to understand the basis for the decision, decide whether to appeal to CDSS and to present meaningful argument on appeal.

The County summary letter must contain: 1) a clear statement of the allegations, include the complaintant’s allegations of what happened, and on what basis discrimination is alleged; 2) The case specific facts that the county relied on to make its determination; and 3) the reasons for the County’s determination.

Any statements that the investigators attribute to the complaintant must be included verbatim in the summary letter.

Counties must include a draft of the summary letter to the complaintant with the final investigation report that is forwarded to CDSS for review.  The County must wait for CDSS’ approval before providing the summary letter to the claimant.  (ACL 18-111, September 10, 2018.)

Child Welfare Services case plan documentation of postsecondary education support

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The California Department of Social Services (CDSS) has issued instructions regarding including postsecondary education support in child welfare services case plan.  Children age 16 and over and non-minor dependents are encouraged to pursue post-secondary education.  The case plan must now identify who will assist youth with applications for postsecondary education, including career and technical education, and related financial aid unless the youth states they will not pursue postsecondary education.  If the youth changes their mind and wants to pursue postsecondary education, the case plan must be updated to identify the person who will provide postsecondary education support.

Various resources must be made available to postsecondary education support persons.  (ACL 18-104, September 12, 2018.)

Ten percent MAP increase

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The California Department of Social Services (CDSS) has issued instructions regarding the ten percent increase in the CalWORKs Maximum Aid Payment.  Effective April 1, 2019, the CalWORKs Maximum Aid Payment will increase by ten percent.  The grant increase applies to all CalWORKs cases, regardless of whether those cases are in Region One or Region Two and whether or not the assistance unit is exempt from Welfare-to-Work.

The grant increase must be programmed into the welfare department computer systems by April 1, 2019.  If the grant increase is not automated, the computer system consortia must give counties instructions for a workaround to ensure CalWORKs recipients receive the grant increase effective April 1, 2019.

CDSS issued a mass mailer notice that must be sent to all CalWORKs recipients no later than February 15, 2019 informing of the grant increase.  Counties must also inform recipients of their new Income Reporting Threshold because of the grant increase.  (ACL 18-124, October 9, 2018.)

Child Support recoupment and CalWORKs overpayments

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The California Department of Social Services (CDSS) has issued instructions regarding the interaction between child support recoupment and CalWORKs overpayments.  Any month in which the full amount of CalWORKs paid is reimbursed by collected child support is not counted as a month of receipt of aid for the 48 month time on aid limit.  This not counting of months where the full amount of CalWORKs paid is reimbursed by collected child support occurs whether the child support is collected in that month or is retroactively applied to that month.

Child support recoupment cannot be used to reimburse a CalWORKs overpayment because it is used to adjust time-on-aid.

When a month is a partial overpayment and the client is eligible for a portion of the CalWORKs paid for that month, child support recoupment can only repay the portion of the grant that the client is entitled to.  Time-on-aid for that month cannot be unticked until the county is fully reimbursed for CalWORKs paid for that month.

If the county determines there is an overpayment for a month that was previously reimbursed by child support collection, the county must change the child support collection to apply it to the next month that has not been unticked. (ACL 18-123, October 8, 2018.)

Extended Foster Care for married youth and youth in non-active duty military service

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The California Department of Social Services (CDSS) has issued instructions for two changes in eligibility for Extended Foster Care.  First, nonminor dependants can now enter, reenter or remain in Extended Foster Care if they are married or get married.  Married youth in Extended Foster Care will be subject to the same supervision requirements as other nonminor dependants and they are eligible for the same placement options.

For the Transitional Housing Program for Nonminor Dependents, housing providers that allow non-participant roommates cannot exclude married youth on the basis of marital status.

Second, a nonminor dependants who is in the reserve command of any branch of the armed forces or is a member of the National Guard is not eligible for Extended Foster Care.  Nonminor Dependants who are on active duty are not eligible for Extended Foster Care.  Nonminor Dependents are not eligible for Extended Foster Care if they in extended training if the military does not allow a social worker/probation officer to conduct monthly visits and supervision.  The youth would be eligible to re-enter foster care when caseworker visitation can resume.

When a nonminor dependant is enlisted in a part-time military program, their Transitional Independent Living Plan can include military participation as a goal.  (ACL 18-101, September 12, 2018.)

Extended Foster Care for trafficking victims

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The California Department of Social Services (CDSS) has issued instructions implementing AB 604 which allows continued eligibility for extended foster care if the court vacates the youth’s underlying adjudication because they were a victim of human trafficking.

SB 855 (2014) clarified that commercially sexually exploited children whose parents were unable to protect them could be adjudged dependents of the juvenile court.  SB 1322 (2016) prohibits arrest or prosecution of a child under age 18 for soliciting or engaging in an act of prostitution for money or other consideration, or loitering with the intent to commit an act of prostitution.  SB 823 (2016) allows a person to petition the court for relief from an arrest, conviction or adjudication for any nonviolent offense that occurred as a direct result of being a victim of human trafficking.

AB 604 allows a youth who was a victim of human trafficking, had their conviction vacated,  and is otherwise eligible to remain under juvenile court jurisdiction to continue to be eligible foster care, extended foster care and related services.  Youth who have had their underlying adjudications vacated are not required to have met their rehabilitative goals to remain eligible for foster care or extended foster care.  Non-minor dependants who have had their underlying adjudications vacated and who choose to exit foster care may re-enter before age 21.

Minors who are under 17 years and 5 months or who do not meet the criteria for transitional juvenile court jurisdiction must be evaluated to determine if it is safe for them to return home without court supervision.  If it is not, a dependency petition should be filed on their behalf.  (ACL 18-113, September 17, 2018.)