Acknowledging that inclusion of promissory notes along with CalWORKs overpayment notices of action constituted an unlawful demand in violation of its regulations (MPP Section 44-351.1), CDSS directed counties to stop sending such agreements to reimburse. Recipients may still voluntarily request a reimbursement agreement, which must be in writing and clearly indicate that repayment is voluntary. CDSS further instructed counties to begin using a new form, CW 2217 “CalWORKs Request for Voluntary Repayment,” which they may provide upon request as long as the recipient has asked if he or she may voluntarily repay, the overpayment was already explained to the recipient, the county did not initiate or request the repayment, and the recipient understands he or she may suspend the repayment at any time. ACL 15-13.
Summaries of select CalWORKs, CalFresh, Health and Housing Regulations
Author: Julie Aguilar Rogado
Welfare to Work’s altered “flow”
Beginning in 2014, CDSS implemented AB 74, which changed the sequence of activities for CalWORKs Welfare to Work (WTW) participants provided in Welf. & Inst. Code Section 11320.1 in order to better serve individuals who face significant barriers to employment in light of the WTW 24-month clock. AB 74 permits participants to bypass the job search (job market test) when the participant is identified as having potential barriers to employment, such as mental health, substance abuse or domestic abuse, which warrant further assessment during the appraisal process. AB 74 also provides for a standardized appraisal tool to identify such individuals. That tool, the Online CalWORKs Appraisal Tool (OCAT), is to be implemented in Spring 2015. When significant barriers are identified during appraisal, the participant should be evaluated for a WTW exemption and referred for barrier evaluation and related services when appropriate. ACL 15-09.
Instructions to determine IHSS eligibility for “non-disabled” people with MAGI Medi-Cal
Under the ACA, 19 to 64 year olds who are neither disabled nor blind can be eligible for Medi-Cal if if their modified adjusted gross income (MAGI) is below a certain amount. There are several MAGI aid codes, many of which indicate eligibility for full-scope Medi-Cal with federal financial participation (FFP). For such individuals who have not yet been determined to be disabled by CDSS or the Social Security Administration, they may still receive IHSS if they (1) meet the criteria for disability under MPP Section 30-780.2(b), and (2) have an assessed need for IHSS. ACL 14-67.
High unemployment stops the CalWORKs clock in Indian Country
After conducting a survey on the unemployment rate of adults in federally recognized tribes, CDSS has determined which tribes experienced an unemployment rate of 50 percent or higher in 2013, providing CalWORKs and tribal TANF recipients exemptions from the CalWORKs time limits during those months of high unemployment. A recipient may still qualify for an exemption if CDSS has not recognized the tribe’s unemployment rate, but must obtain written documentation from the federally-recognized tribe that adult unemployment was 50 percent or higher during the months in question. ACL 14-108.
New CalWORKs form for self-certifying motor vehicle value
CDSS released the CW 80 in February, which is to be used by CalWORKs applicants and recipients to report the equity value of motor vehicles owned by the assistance unit. Only equity value in excess of $9,500 is counted against the unit’s resource limit and no equity value is counted for vehicles driven by a household member younger than 18 to commute for employment, job search or to training or education intended to lead to employment. If a recipient reports that a vehicle was a gift, donation or family transfer, he or she must obtain verification from the Department of Motor Vehicles of the transaction and provide that to the county. ACL 15-27.
Foster child caseworker visit rule changes codified
Senate Bill 382, which took effect in January 2014, changed requirements for monthly caseworker visits with foster children. The provisions of the bill are now part of amendments to Welf. & Inst. Code Section 16516.5 and 16516.6. In accordance with those sections, no more than two consecutive monthly visits can be held outside the foster child’s residence, the caseworker/social worker/probation officer must advise the foster child that she has the right to request that the private discussion occur outside the group home or foster home, and if the visit does not occur at the child’s residence, the caseworker must document the location of the visit in the case file and court report, along with the reason the visit did not take place at the child’s residence. ACL 14-50.