The California Department of Social Services (CDSS) had a waiver from the federal government authorizing e-notices. CDSS implemented e-notices for CalWORKs using the same rules as CalFresh. Now the federal government no longer requires a waiver for and has made e-notices a state option for CalFresh. (See United States Department of Agriculture AN 18-05.)
California will continue to use the same rules for e-notices that are in ACL 13-61. E-notices continue to be a county option. However, for counties to use e-notices, the county must: 1) not include identifying information in text messages; 2) receive household consent to send e-notices and establish security protocols to protect confidential client information sent electronically; 3) provide an initial email and paper notice confirming that the household as opted-in to e-notices; 4) provide e-notices through a secure online portal; 5) send an email when a new e-notice is available; 6) ensure that every e-notice has the same information as the corresponding paper notice; 7) not send state hearings or treasury offset notices by e-notice; 8) allow opt-out of e-notice at any time; 9) document when an e-notice is returned and then communicate with the household by paper notice; and 10) ensure that all e-notices are available to quality control reviewers.
Counties must provide paper copies of all notices to clients on request.
The types of notices that can be send electronically include notice of missed interview, notice of denial, notice of required verification, notice of approval, notice of expired certification, notice of change to benefits and overpayment or overissuance notices.
Households must be informed of the option to receive e-notices at application and recertification.
Counties can now send text messages to inform clients of the availability of a new e-notice. A text messages must be send in conjunction with an email informing the client that an e-notice is available. The text message sends a link to a secure online portal.
Counties must still comply with regulations regarding timeframes for notices and information. For CalWORKs, counties must still attempt personal contact prior to terminating benefits for not submitting a semi-annual report or annual recertification and note that attempt in the case file.
For CalWORKs time on aid and welfare-to-work notices, each adult in the assistance unit must consent to receive notices electronically. For other notices, the caretaker relative must consent. (ACL 19-39, May 3, 2019.)