The California Department of Social Service (CDSS) has updated its guidance regarding the implementation of Assembly Bill (AB) 135 which authorized cash aid and child care services for up to six months as a part of the CalWORKs Family Reunification (FR) program. The bill also increased temporary absence for purposes of family reunification to six full months. It established two separate Family Reunification processes: one for cases with cash aid and reunification services, and one for only reunification services.
Once programming in the Statewide Automated Welfare System (SAWS) is complete, individuals who were a part of the CalWORKs Assistance Unit (AU) when their children were temporarily placed in out-of-home care by the Child Welfare Services (CWS) will be eligible for cash grants, child care, and reunification services for up to six months if the following conditions are met: all CalWORKs-eligible children were removed by the county CWS, the AU received CalWORKs cash aid when removed, and the child welfare services agency or court has determined that the services mentioned above are necessary for reunification.
Upon receiving the FR recommendation for cash aid, the CalWORKs worker must start FR services under the plan and continue the cash grant for a maximum of six months. A court order is not needed to start FR. Existing plans that do not have a recommendation for cash aid must be amended before cash aid approval. All members of AU, when eligible children were removed, will remain members of AU and will continue to be aided when the reunification plan comes with cash aid provisions. However, if no parent was aided at the time of the children’s removal then the family is not eligible for any reunification services or cash aid. The only exception is when the parent(s) is WTW-sanctioned.
Under existing FR policy if at least one eligible child remains in the home and the parent is eligible for a cash grant, the parent is not a reunification parent and they are not a reunification family. Once the child placed in out-of-home care is no longer considered temporarily absent they must be removed from the AU and remaining eligible AU members will retain benefits. If one eligible child remains in the home but the remaining AU members become ineligible for cash grants following removal of a child, the remaining people in the home may become an FR family when a reunification plan is authorized. If all children are removed and reunification is not recommended, the family is not eligible for any services.
According to existing policy, a member of the AU can be temporarily absent for one full calendar month and remain eligible for CalWORKs. In the case of FR, a child can be removed from the home for up to six months, with the CWS having the ability to grant good cause extensions. Good cause is limited to the number of days between removal and completion of the reunification plan, and time to complete the reunification plan. Cash aid for FR is limited to a maximum of six months and can’t be extended. When a child is removed the CalWORKs worker must consider the child temporarily absent for up to a month even though a reunification plan hasn’t been established. In the case that a month ends without notification of the necessity of FR, then the case must be discontinued.
While participating in FR, Semi-Annual Reporting (SAR) requirements apply with the reporting cycle remaining unchanged. Cash aid for reunification must stop at the end of the mandatory six-month temporary absence period or earlier if ineligibility is found based on the SAR7. All mandatory and voluntary reporting remains in effect when a reunification case gets cash aid. The county must discontinue FR if the family is found ineligible or if the plan is terminated. Reunification cases receiving only reunification services are subject to a six-month CalWORKs eligibility redetermination when reunification is complete. Failure to submit a SAR7 or complete redetermination results in a discontinuation of aid unless an exemption is provided. If a child is removed or reunification is recommended after discontinuance due to failure to comply with semi-annual reporting, the CalWORKs worker should look for good cause to restore or rescind the case.
Families must be engaged with a County Welfare Department when it is determined that FR is necessary and that children have been removed. To receive cash aid adults must participate in Welfare to Work (WTW) activities unless an exemption has been granted. All WTW sanctions, penalties, and overpayments remain in effect while participating in FR. County Welfare Departments are encouraged to engage with FR parents to assist in curing sanctions through exemptions and good cause.
CalWORKs time on aid remains unchanged. If a parent reaches their 60-month limit while in FR and they don’t meet extender criteria, then the parent must be removed from the AU. The parents will also not be eligible for any reunification services.
Reunification families experiencing homelessness may also be eligible for certain services including the CalWORKs Temporary Homeless Assistance, the CalWORKs Housing Support Program, and Bringing Families Home. Reunification cases are also eligible for CalFresh benefits to continue. Families in FR are not eligible for cash-linked Medi-Cal and will be re-evaluated for Medi-Cal eligibility and if ineligible should be screened for other programs. (ACL 23-94, November 7, 2023.)