Yearly Archives: 2018

Homeless Assistance for family reunification

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The California Department of Social Services (CDSS) has issued instructions implementing AB 236 regarding homeless assistance for family reunification cases.

CalWORKs families receiving family reunification services are now eligible for 16 days of temporary homeless assistance while searching for permanent housing.  CalWORKs families receiving family reunification services are eligible if they are homeless and have no more than $100 in liquid resources.  Counties should offer additional services to assist with housing including Family Stabilization, Housing Support Program and Bringing Families Home program.  (ACL 18-71, June 25, 2018.)

Domestic Violence expansion of homeless assistance

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The California Department of Social Services (CDSS) has issued instructions implementing AB 557 regarding the expansion of homeless assistance for persons escaping domestic abuse.

CalWORKs applicants who provide a sworn statement of past or present domestic abuse and are fleeing the abuser are eligible for up to 32 days of temporary homeless assistance benefits if found to be apparently eligible for CalWORKs regardless of the abuser’s income or assets.  This benefit is available even if the applicant has not spent a night homeless.  This benefit is available even if the applicant has a joint bank account that they claim belongs to the abuser.

Any income or assets the applicant has on hand will be evaluated toward the $100 limit for homeless assistance eligibility.  There is no requirement that the applicant verify homelessness beyond the sworn statement that they are fleeing domestic abuse.

CalWORKs applicants fleeing domestic abuse shall receive a lump sum equal to 16 days of temporary homeless assistance benefits on the date of application.  Applicants will received a lump sum for an additional 16 days of homeless assistance if they remain homeless and their CalWORKs application has not yet been granted.  Payments can be made to the applicant or to the temporary shelter at the applicant’s choice.  If the applicant does not provide verification that the funds were spent on shelter, the second 16 days can be issued by voucher.

Persons fleeing domestic violence are not required to provide proof of their search for housing unless they have also been granted immediate need or are issued their first month of CalWORKs benefits and therefore have been issued regular homeless assistance.  In such cases, counties are strongly encouraged to grant good cause from complying with the housing search verification requirement.

The homeless assistance benefit for persons fleeing domestic violence is available once in a lifetime.  (ACL 18-78, June 29, 2018.)

Non-MAGI Denial and Termination Notices for Non-Linkage

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The State has revised Notices for individuals who are not eligible for Non-MAGI Medi-Cal due to lack of linkage.  Counties will manually issue these NOAs until SAWS is updated.

Counties are to send denial notices to applicants who are not eligible for MAGI Medi-Cal and are found to have no Non-MAGI linkage after a full Medi-Cal determination.  Additionally, those who lose MAGI Medi-Cal and are found to have no Non-MAGI Medi-Cal linkage will receive a denial notice.  These applicants and beneficiaries should immediately be assessed for Covered California subsidy eligibility.

Counties will send discontinuance notices after annual renewal or change in circumstances reporting when beneficiaries no longer have linkage to Non-MAGI Medi-Cal and cannot establish eligibility on any other basis.

DHCS ACWDL 18-12 (July 2, 2018)

Medi-Cal Denial Notices for Retroactive MAGI Eligibility Determinations

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Counties are required to send Notices of Action when an individual is denied MAGI Medi-Cal as a result of being over MAGI income limits (138% FPL) during any of the three retroactive months prior to the application month.  In most cases, SAWS will generate the relevant notice.  CalHEERS will generate an over income denial NOA when there’s a tax subsidy approval.

Counties are encouraged to avoid sending multiple NOAs. When individuals who are not eligible for MAGI Medi-Cal are approved for Non-MAGI Medi-Cal in a retroactive coverage month, counties must send only the NOA that provides the final Non-MAGI eligibility determination for that month.  If an individual is not eligible for either MAGI or Non-MAGI Medi-Cal, the county must send both MAGI and Non-MAGI denial NOAs for the retroactive month.

DHCS ACWDL 18-11 (June 29, 2018)

Presumptive transfer of specialty mental health services for children, youth, and non-minor dependents in foster care

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The California Department of Social Services (CDSS) has issued instructions regarding the implementation of AB 1299 regarding presumptive transfer of specialty mental health services (SMHS) for children, youth, and non-minor dependents in foster care.

In the event that a child, youth, or non-minor dependent is taken into foster care and moved to a different county, the responsibility for arranging and paying for adequate SMHS is transferred to the new county of residence.

For expedited transfers, the county must provide, arrange, and pay for SMHS within forty-eight hours of when the child is placed. If the child is in imminent danger or an emergency psychiatric condition arises, SMHS must be provided immediately without prior authorization. If a child is moved and a Child and Family Team (CFT) cannot meet, the county-placing agency is to alert the Mental Health Plan in the new county of residence to the need to provide, arrange, and pay for SMHS.

For foster children or youths who reside in counties other than the county of original jurisdiction after June 30, 2017, who continue to reside outside of the county of original jurisdiction after December 31, 2017, and/or for whom the responsibility to provide, arrange, and pay for SMHS has not been transferred to the new county of residence, placing agencies must complete all duties to notify conditions of presumptive transfer, waiver requests, and waiver decisions ten days before the child’s next status review after December 31, 2017.

Placing agencies must provide information about presumptive transfer requirements, the exceptions, and the right to request a waiver to: the foster child and their attorney, the agency responsible for making mental health care decisions for the foster child, and the social worker and/or juvenile probation officer. These details should also be added to the child’s case file.

Counties must give fourteen days notice of a child’s out-of-county placement to the child’s parent/legal guardian, the child, and their attorney, unless the child’s safety would be endangered by delay or prior notice. In the event that a child is not receiving SMHS, placing agencies are still required to notify the MHP in the new county of residence.

If a child’s placement status changes and the child is moved back into their original county of residence, the placing agency in the original county must notify the MHP in the former county of residence and the county of original jurisdiction.

CDSS also mandates the creation of a Child and Family Team (CFT), which integrates the child with providers, caregivers, and other support structures. Recent instructions encourage that case planning and the CFT process include MHPs and county placing agencies, especially when the case involves an out of county placement. The county of original residence must continue to collaborate with the county of placement to establish and maintain a single CFT for each child.

The presumption of transfer may be waived on a case by case basis, which places a “hold” on the transfer of responsibility. Exceptions are determined by the placing agency in the county of original jurisdiction in coordination with the CFT. A waiver request must be made within seven  days of the placing agency’s decision to move the child out of their original county of residence. If granted, exceptions mandate that responsibility for providing SMHS remains in the county of original jurisdiction if that county can demonstrate the existence of, or ability to establish within thirty (30) days, a contract with SMHS providers.

A Short-Term Residential Therapeutic Program (STRTP) is a congregate care facility, which includes SMHS services. Placement into a STRTP is considered a temporary exception to presumptive transfer, as it is expected to be last less than six months with the child returning home after treatment.

In the event that a waiver request is denied or otherwise contested, the individual who requested the waiver can request judicial review within seven days of the initial denial of the waiver. The court will then have five days to set a hearing on the matter, and during that time, a hold is placed on the presumptive transfer.

Additionally, children who are covered under the Kinship Guardianship Assistance Program (Kin-GAP) are no longer considered dependents of the court so the county of original jurisdiction retains responsibility for SMHS.

Children whose adoptions are finalized and who receive assistance under the Adoption Assistance Program are also not covered by presumptive transfer. The MHP in the county of residence of the youth’s adoptive parents retain responsibility for authorizing and re-authorizing SMHS.

When a foster child is presumptively transferred, it is not intended that the child be covered by multiple MHP’s. Under certain circumstances, however, counties may simultaneous provide SMHS if, for example, the county of original jurisdiction has an established relationship with the child and will continue paying for MHP during the child’s transition. If the county has an established relationship with the child’s substantial support system, and the providers will continue to be involved in the child’s life after the out-of-county placement, the original county of jurisdiction will continue to arrange and provide for the child’s SMHS.

CDSS does not, in existing presumptive transfer law, distinguish between inpatient and outpatient SMHS. Specific conditions apply to psychiatric inpatient services, depending on the circumstance. Because psychiatric inpatient services are not considered foster care placements, children are to be returned to the county of original residence following inpatient hospital stays.

Responsibility for drug Medi-Cal benefits remains with the county of original jurisdiction, even under conditions of presumptive transfer. Counties are expected to collaborate on the provision of necessary substance use disorder services for foster children placed outside the county of original jurisdiction.  (ACL 18-60, June 22, 2018.)

 

 

Assessing child safety and monitoring of safety plans

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The California Department of Social Services (CDSS) has issued instructions on assessing child safety when determining if a child can be remain safely in their home. In order to ensure consistency across counties, the CDSS has provided information on safety assessments, safety plans, and risk assessments used during worker visits to the home.

During the initial investigation, caseworkers must determine whether or not the child can safely remain in the home or if immediate removal is necessary. Caseworkers must identify any potential safety threats prior to leaving, and report these threats using the Safety Assessment tool within two (2) days of the visit.

If a caseworker assesses that there is reason to know if the child is an Indian child, the caseworker must take into account the tribe’s social and cultural standards and way of life. In accordance with county procedures, caseworkers must also collaborate with the tribe, and may utilize other tribal or Indian community service agencies.

When child safety has been assessed and the child is allowed to remain in the home, caseworkers must work with caregivers to draft a safety plan. The safety plan, which allows the child(ren) to remain in their current placement, lists specific and immediate steps that can be taken to remedy potential hazards, as well as long-term objectives to ensure the child’s health and safety. Safety plans must also specify all of the involved and their roles and responsibilities. Caseworkers are expected to monitor these safety plans over time through consistent visits (both announced and unannounced), as well as ongoing collaboration with involved parties.

In cases involving substance abuse or withdrawal symptoms, the safety plan must satisfy all requirements established by the Child Abuse Prevention and Treatment Act. This includes specific action steps to mitigate safety threats to both the child and the caregiver, which may involve referrals to external services.

Once a safety plan has been drafted, caseworkers must conduct a risk assessment to determine if the child is in danger of future mistreatment. The risk assessment must be completed within thirty (30) days of the initial visit, and may be used when deciding the status of referrals.

Before a case is closed, a caseworker must conduct a risk reassessment, which evaluates the progress of the safety plan. If the risk is reassessed as low, the caseworker must complete a case closing assessment before the case is closed. If the child has the goal to reunite with their original caregiver, the caseworker must assess whether the child should be returned to the caregivers, maintained in their current placement, or have a permanent placement established.

If a caseworker believes the problems to be too severe to remedy or that the child may be in severe or immediate danger, the case worker may instead draft a case plan, which expedites the removal and re-placement process. (ACL 17-107, February 6, 2018.)