Author: Jodie Berger

ACL 11-15: New Kin-Gap Program Requirements (1/31/11)

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Effective January 1, 2011,the Kin-Gap program is enhanced. New improvements include:

  • Federal Financial Participation (FFP) for foster children placed with an approved relative guardian who are Title IV-E eligible, and providing for a parallel state funded Kin-GAP Program for foster children placed with an approved relative who are not Title IV-E eligible;
  • Reducing the length of time that a court-dependent child must reside in the approved home of the prospective relative guardian while under the jurisdiction of the juvenile court or a voluntary placement agreement from 12 to 6 consecutive months;
  • Continued eligibility for Kin-GAP regardless of the state of residence
    of the relative guardian and child;
  • Requiring the county child welfare agency, probation department, or Title IV-E agreement tribe to enter into a binding written agreement with the relative guardian;
  • Allowing the above entities and the relative guardian to renegotiate the payment amount based on the changing needs of the child and the circumstances of the relative;
  • Allowing entry into the Kin-GAP Program under a voluntary placement agreement with an approved relative that resulted in a guardianship being established in juvenile court under W&IC section 360; and
  • Extending Kin-GAP benefits to age 21 for a youth who has a physical or mental disability that warrants the continuation of assistance.

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ACL 11-09: Independent Living Program (ILP) For Non-Related Guardianships (1/19/11)

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SB 654, added W&IC section 10609.45, effective January 1, 2011. The statute now provides for new ILP eligibility requirements for former dependent children that entered into a non-related legal guardianship on or after the age of eight, who are getting permanent placement services. The law also includes youth in counties operating under the Title IV-E Waiver Capped Allocation Demonstration Project who are placed with a non-related legal guardian, even if they are not receiving permanent placement services.  Counties are to use state funds to provide ILP services to youth placed with non-related legal guardians between the ages of 8 and 15 years old. These youth are eligible for federally funded ILP services at ages 18-21 as “former foster youth,” and if they were dependents getting foster care at age 16. [Download]

ACL 11-12: Criminal Background Checks For IHSS Providers; Expansion Of Exclusionary Crimes; Individual Waivers And General Exceptions Of Exclusions (1/26/11)

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Implementing instructions for changes, effective 2/1/11, to W&IC 12305.87, which expands the list of crimes for which a conviction, or incarceration following a conviction, within the last ten years would exclude an individual from being enrolled as an IHSS provider. The statute also establishes provisions which will permit an individual, under certain circumstances, to be enrolled as an IHSS provider in spite of a conviction for an exclusionary crime.  In addition to the original set of crimes (now called “Tier 1”) the legislation now covers “Tier 2 exclusionary crimes” (A violent or serious felony, a felony offense for which a person is required to register as a sex offender, and a felony offense for fraud against a public social services program). The Letter includes a complete listing of Tier 2 exclusionary crimes, the specific code sections, and title as well as “plain English” descriptions of the crimes.

An applicant provider found ineligible on the basis of a conviction(s) for a Tier 2 crime, but who otherwise meets all of the provider enrollment requirements, may be permitted to provide services to a specific IHSS recipient(s) if the recipient(s) who chooses to hire the individual despite the conviction(s) submits a request for an individual waiver of the exclusion.  The letter reviews the  notice and forms to be used for this waiver. [Download]

ACL 11-11: Expansion Of Modified Categorical Eligibility For CalFresh To All Non-Assistance CalFresh (NACF) Households (1/27/11)

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On February 1, 2011, Modified Categorical Eligibility (MCE) is expanding to all NACF households! This means that any household (those with children, ABAWD’s and aged/disabled) that got/gets a PUB 275 brochure (or is told where to find it online) can get CalFresh benefits without regard to resources.  If the CWD is unable to implement MCE for all NACF applicant households on February 1, 2011, CWDs must restore lost benefits as soon as administratively feasible. [Download]

ACL 11-04: CalWORKs Family Reunification Services – Q & A (1/27/11)

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After a CPS removal of children from the home, the parents can continue to get CalWORKs WTW services as part of a Family Reunification (FR) plan, for up to 180 days (with good cause extensions). This letter transmits a series of questions and answers initiated by counties regarding FR services. Parents on sanction or penalty (WTW, school attendance, immunization, etc.) can also be required to have an FR plan, but not those ineligible for CalWORKs (e.g. SSI, timed out, barred  nonviolent (drug) felons, etc.)  Parents in a voluntary placement can have a voluntary FR plan. Cases that are closed for “no eligible child” can be reopened, without reapplication, as a CalWORKs FR case. Families which have children remaining in the home are not FR cases (as all children must be gone). [Download]