Author: Stephen Goldberg

Gender and name changes in child support cases

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The California Department of Child Support Services (DCSS) has issued a policy that individuals may change their gender with the DCSS at any time.  Local Child Support Agencies must accept any change of an individual’s gender to male, female or nonbinary without the need for documentation or form completion.  Gender changes may or may not be accompanied by name changes.

A name change requires a government issued form of identification such as a driver’s license or a Social Security card with a new legal name.

All Local Child Support Agencies must change all materials, including county specific forms and outreach materials, to comply with AB 179, the Gender Recognition Act, including but not limited to adding a nonbinary gender option and removing gender specific pronouns.  (CSSP Letter 19-06, July 31, 2019.)

Child support for adult disabled children

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The California Department of Child Support Services (DCSS) has issued a policy that child support services must be provided for an adult disabled child if the child’s disability is verified to have occurred prior to the age of majority, the child is incapacitated and unable to earn a living, and without sufficient means.  This policy is based on Family Code Section 3910.

Before opening a case, the Local Child Support Agency must request verification that child’s disability occurred prior to the age of majority, the child is incapacitated and unable to earn a living, and without sufficient means.

If there is a claim of disability in an open case and that claim is verified, the Local Child Support Agency must file a motion to extend support under Family Code Section 3910.

If an applicant has a child support order for an adult disabled child, the Local Child Support Agency must enforce the order past the age of majority if the order states the disability occurred prior to the age of majority or, if the order is silent about disability, the applicant provides documentation that the disability occurred prior to the age of majority.  (CSSP Letter 19-07, July 31, 2019.)

Union eligibility for Waiver Personal Care Services providers

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The California Department of Social Services (CDSS) has issued instructions implementing AB 1811 Section 34 which establishes the county, public authority or nonprofit consortium as the employer of record for Waiver Personal Care Services providers for purposes of good faith negotiations regarding wages, health benefits and other conditions.

Effective July 1, 2019, Waiver Personal Care Services providers have the same collective bargaining rights, wages, health benefits and other conditions as In Home Supportive Services providers in their respective counties.  Waiver Personal Care Services providers are now eligible for health benefits administered by the county and are eligible to become union members.  (ACL 19-61, June 28, 2019.)

CalFresh treatment of 2020 census income

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Effective August 1, 2019, earned income received directly from the Census Bureau for temporary employment related to the 2020 census must be excluded when determining CalFresh eligibility and benefits.  This policy applies through September 30, 2020. This policy is based on federal approval of a demonstration project.

The temporary census income exclusion cannot be applied retroactively.  However, counties that become aware of households who received income from the Census Bureau and were denied CalFresh benefits and were denied CalFresh after the effective date of this policy should reconsider those denials based on current policy.  (ACL 19-79, August 5, 2019.)

Homeless Assistance clarifications

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The California Department of Social Services (CDSS) has issued clarifications regarding recent changes to the CalWORKs Homeless Assistance program.

Participants who become homeless because of a state or federally declared disaster qualify for good cause for failure to provide proof of housing search.  In addition, counties can waive the initial three-day limit on temporary homeless assistance and instead issue temporary homeless assistance in increments of more than one week for persons who become homeless because of a state or federally declared natural disaster.  There is no limit on the number of times in a year a family can receive homeless assistance because of a state or federally declared natural disaster, and receiving benefits on this basis does not count toward once every 12-month limit on Homeless Assistance.  Counties must indentify and inform CalWORKs in a state or federally declared disaster area of their eligibility for Homeless Assistance.

Homeless CalWORKs families who are receiving Family Reunification services are eligible to receive temporary homeless assistance if the county determines that these benefits will assist with reunification, despite the fact that these cases do not receive a cash grant.

CDSS has revised the CW 42 Homeless Statement of Facts to include information about expanded Homeless Assistance for persons fleeing domestic violence.  CDSS has also issued new and revised notice of action messages.  (ACL 19-77, July 31, 2019.)

Changes to CalWORKs income disregard and income reporting threshold

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The California Department of Social Services (CDSS) has issued guidance regarding changes to CalWORKs income disregards and income reporting threshold (IRT) in SB 80.  Effective June 1, 2020 or when CDSS notifies the legislature that the computer systems have been programmed, whichever is later, the disregard for earned income or disability based income will increase from $225 to $500 and 50 percent of the remaining earned income.  Effective June 1, 2021 or one year from the date the first increase is automated, the earned income disregard will increase to $550. Effective June 1, 2022 or two years from the date the first increase is automated, the earned income disregard will increase to $600.

Effectvie June 1, 2020 or when CDSS informs the legislature that programming is complete, whichever is later, grants will be reevaluated by the county using the new income disregard amount.

There are currently three different CalWORKs income reporting threshold amounts.  Effective June 1, 2020, or when automation is complete, whichever is later, there will only be two income reporting threshold amounts – 55 percent of the federal poverty level for a family of three plus the amount of income last used to calculate the grant, and 130 percent of the federal poverty level, or the level at which a family becomes ineligible for CalFresh.  This change will allow families to earn more income without losing eligibility.

When the family receives income over the IRT and reports it to the county, the county must determine whether the reported income is reasonably anticipated to continue.  If income over the IRT is reasonable anticipated to continue but not at a level that will result in ineligibility, the county must recalculate the grant.

CDSS issued modified notices to reflect the new income disregard and IRT amounts.  (ACL 19-76, August 2, 2019.)