Author: Stephen Goldberg

Domestic Violence expansion of homeless assistance

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The California Department of Social Services (CDSS) has issued instructions implementing AB 557 regarding the expansion of homeless assistance for persons escaping domestic abuse.

CalWORKs applicants who provide a sworn statement of past or present domestic abuse and are fleeing the abuser are eligible for up to 32 days of temporary homeless assistance benefits if found to be apparently eligible for CalWORKs regardless of the abuser’s income or assets.  This benefit is available even if the applicant has not spent a night homeless.  This benefit is available even if the applicant has a joint bank account that they claim belongs to the abuser.

Any income or assets the applicant has on hand will be evaluated toward the $100 limit for homeless assistance eligibility.  There is no requirement that the applicant verify homelessness beyond the sworn statement that they are fleeing domestic abuse.

CalWORKs applicants fleeing domestic abuse shall receive a lump sum equal to 16 days of temporary homeless assistance benefits on the date of application.  Applicants will received a lump sum for an additional 16 days of homeless assistance if they remain homeless and their CalWORKs application has not yet been granted.  Payments can be made to the applicant or to the temporary shelter at the applicant’s choice.  If the applicant does not provide verification that the funds were spent on shelter, the second 16 days can be issued by voucher.

Persons fleeing domestic violence are not required to provide proof of their search for housing unless they have also been granted immediate need or are issued their first month of CalWORKs benefits and therefore have been issued regular homeless assistance.  In such cases, counties are strongly encouraged to grant good cause from complying with the housing search verification requirement.

The homeless assistance benefit for persons fleeing domestic violence is available once in a lifetime.  (ACL 18-78, June 29, 2018.)

Presumptive transfer of specialty mental health services for children, youth, and non-minor dependents in foster care

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The California Department of Social Services (CDSS) has issued instructions regarding the implementation of AB 1299 regarding presumptive transfer of specialty mental health services (SMHS) for children, youth, and non-minor dependents in foster care.

In the event that a child, youth, or non-minor dependent is taken into foster care and moved to a different county, the responsibility for arranging and paying for adequate SMHS is transferred to the new county of residence.

For expedited transfers, the county must provide, arrange, and pay for SMHS within forty-eight hours of when the child is placed. If the child is in imminent danger or an emergency psychiatric condition arises, SMHS must be provided immediately without prior authorization. If a child is moved and a Child and Family Team (CFT) cannot meet, the county-placing agency is to alert the Mental Health Plan in the new county of residence to the need to provide, arrange, and pay for SMHS.

For foster children or youths who reside in counties other than the county of original jurisdiction after June 30, 2017, who continue to reside outside of the county of original jurisdiction after December 31, 2017, and/or for whom the responsibility to provide, arrange, and pay for SMHS has not been transferred to the new county of residence, placing agencies must complete all duties to notify conditions of presumptive transfer, waiver requests, and waiver decisions ten days before the child’s next status review after December 31, 2017.

Placing agencies must provide information about presumptive transfer requirements, the exceptions, and the right to request a waiver to: the foster child and their attorney, the agency responsible for making mental health care decisions for the foster child, and the social worker and/or juvenile probation officer. These details should also be added to the child’s case file.

Counties must give fourteen days notice of a child’s out-of-county placement to the child’s parent/legal guardian, the child, and their attorney, unless the child’s safety would be endangered by delay or prior notice. In the event that a child is not receiving SMHS, placing agencies are still required to notify the MHP in the new county of residence.

If a child’s placement status changes and the child is moved back into their original county of residence, the placing agency in the original county must notify the MHP in the former county of residence and the county of original jurisdiction.

CDSS also mandates the creation of a Child and Family Team (CFT), which integrates the child with providers, caregivers, and other support structures. Recent instructions encourage that case planning and the CFT process include MHPs and county placing agencies, especially when the case involves an out of county placement. The county of original residence must continue to collaborate with the county of placement to establish and maintain a single CFT for each child.

The presumption of transfer may be waived on a case by case basis, which places a “hold” on the transfer of responsibility. Exceptions are determined by the placing agency in the county of original jurisdiction in coordination with the CFT. A waiver request must be made within seven  days of the placing agency’s decision to move the child out of their original county of residence. If granted, exceptions mandate that responsibility for providing SMHS remains in the county of original jurisdiction if that county can demonstrate the existence of, or ability to establish within thirty (30) days, a contract with SMHS providers.

A Short-Term Residential Therapeutic Program (STRTP) is a congregate care facility, which includes SMHS services. Placement into a STRTP is considered a temporary exception to presumptive transfer, as it is expected to be last less than six months with the child returning home after treatment.

In the event that a waiver request is denied or otherwise contested, the individual who requested the waiver can request judicial review within seven days of the initial denial of the waiver. The court will then have five days to set a hearing on the matter, and during that time, a hold is placed on the presumptive transfer.

Additionally, children who are covered under the Kinship Guardianship Assistance Program (Kin-GAP) are no longer considered dependents of the court so the county of original jurisdiction retains responsibility for SMHS.

Children whose adoptions are finalized and who receive assistance under the Adoption Assistance Program are also not covered by presumptive transfer. The MHP in the county of residence of the youth’s adoptive parents retain responsibility for authorizing and re-authorizing SMHS.

When a foster child is presumptively transferred, it is not intended that the child be covered by multiple MHP’s. Under certain circumstances, however, counties may simultaneous provide SMHS if, for example, the county of original jurisdiction has an established relationship with the child and will continue paying for MHP during the child’s transition. If the county has an established relationship with the child’s substantial support system, and the providers will continue to be involved in the child’s life after the out-of-county placement, the original county of jurisdiction will continue to arrange and provide for the child’s SMHS.

CDSS does not, in existing presumptive transfer law, distinguish between inpatient and outpatient SMHS. Specific conditions apply to psychiatric inpatient services, depending on the circumstance. Because psychiatric inpatient services are not considered foster care placements, children are to be returned to the county of original residence following inpatient hospital stays.

Responsibility for drug Medi-Cal benefits remains with the county of original jurisdiction, even under conditions of presumptive transfer. Counties are expected to collaborate on the provision of necessary substance use disorder services for foster children placed outside the county of original jurisdiction.  (ACL 18-60, June 22, 2018.)

 

 

Assessing child safety and monitoring of safety plans

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The California Department of Social Services (CDSS) has issued instructions on assessing child safety when determining if a child can be remain safely in their home. In order to ensure consistency across counties, the CDSS has provided information on safety assessments, safety plans, and risk assessments used during worker visits to the home.

During the initial investigation, caseworkers must determine whether or not the child can safely remain in the home or if immediate removal is necessary. Caseworkers must identify any potential safety threats prior to leaving, and report these threats using the Safety Assessment tool within two (2) days of the visit.

If a caseworker assesses that there is reason to know if the child is an Indian child, the caseworker must take into account the tribe’s social and cultural standards and way of life. In accordance with county procedures, caseworkers must also collaborate with the tribe, and may utilize other tribal or Indian community service agencies.

When child safety has been assessed and the child is allowed to remain in the home, caseworkers must work with caregivers to draft a safety plan. The safety plan, which allows the child(ren) to remain in their current placement, lists specific and immediate steps that can be taken to remedy potential hazards, as well as long-term objectives to ensure the child’s health and safety. Safety plans must also specify all of the involved and their roles and responsibilities. Caseworkers are expected to monitor these safety plans over time through consistent visits (both announced and unannounced), as well as ongoing collaboration with involved parties.

In cases involving substance abuse or withdrawal symptoms, the safety plan must satisfy all requirements established by the Child Abuse Prevention and Treatment Act. This includes specific action steps to mitigate safety threats to both the child and the caregiver, which may involve referrals to external services.

Once a safety plan has been drafted, caseworkers must conduct a risk assessment to determine if the child is in danger of future mistreatment. The risk assessment must be completed within thirty (30) days of the initial visit, and may be used when deciding the status of referrals.

Before a case is closed, a caseworker must conduct a risk reassessment, which evaluates the progress of the safety plan. If the risk is reassessed as low, the caseworker must complete a case closing assessment before the case is closed. If the child has the goal to reunite with their original caregiver, the caseworker must assess whether the child should be returned to the caregivers, maintained in their current placement, or have a permanent placement established.

If a caseworker believes the problems to be too severe to remedy or that the child may be in severe or immediate danger, the case worker may instead draft a case plan, which expedites the removal and re-placement process. (ACL 17-107, February 6, 2018.)

EBT surcharge free ATM network

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During the weekend of June 23 and 24, 2018, the vender for CalWORKs and CalFresh EBT changed to Fidelity Information Systems (FIS).  As a result of this change, the network of surcharge-free ATMs also changed.  The new network will be effective starting June 25, 2018.

The new surcharge-free ATM includes every Bank of America ATM in California, ATMs at Citibank, Comerica Bank, Rabobank, U.S. Bank and several smaller financial institutions.  CDSS states the new network will be about 7,400 surcharge-free ATM, which is an increase of about 2,200 surcharge-free ATMs.

Effective June 25, 2018, MoneyPass ATMs will no longer be part of the surcharge-free ATM network.  However, CDSS will hold clients harmless from surcharges at MoneyPass ATMs until September 30, 2018.  CDSS will be sending a mailer to all clients explaining the changes to the surcharge-free ATM network.  (ACIN I-39-18, June 22, 2018.)

Administrative review of IHSS overtime extraordinary circumstances exemption denials

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The California Department of Social Services (CDSS) has issued instructions regarding the process for administrative review extraordinary circumstances exemption from the IHSS overtime rules.  The criteria for the extraordinary circumstances exemption are in ACL 18-31, summarized here.

The provider or recipient has 45 calendar days from the date of the notice informing of the denial of the extraordinary circumstances exemption to request administrative review.  The request must be in writing on the CW 2313 form and mailed to CDSS.  CDSS will not accept administrative review requests by telephone.

If the administrative review request is timely, pending overtime violations will be suppressed during the administrative review.  CDSS will mail an acknowledgement of the administrative review request.  Notice to the provider will include date and time for a telephone conference to be held within 10 business days.  Notice to the recipient will also include the telephone conference if the recipient stated that they have additional information to provide.  Both the provider and the recipient can present information during the telephone conference.  If the provider or recipient ask to submit additional information, CDSS will allow 10 business days for that submission.

CDSS will review information in the CMIPS II computer system.  The ACL does not state the information reviewed in CMIPS II must be provided to the recipient or provider.  CDSS can ask the county for additional information.  The county will have 5 business days to provide the requested information to an email address only for use by the counties.  The ACL does not state that the additional information must be provided to the recipient or provider or that the recipient or provider has the opportunity to respond to additional information submitted by the county.

CDSS’ decision on the exemption request will be mailed within 20 business days of the telephone conference unless CDSS has provided additional time to submit information.  (ACL 18-58, May 31, 2018.)

IHSS overtime extraordinary circumstances exemption criteria

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The California Department of Social Services (CDSS) has issued instructions regarding the extraordinary circumstances exemption from the IHSS overtime rules.

The extraordinary circumstances exemption applies to providers who provide services for two or more recipients whose extraordinary circumstances place them at serious risk of placement in out of home care and the recipients meet at least one of the following: (1) The recipient has complex medical or behavioral needs that must be met by a provider who lives in the same home as the recipient, (2) The recipient lives in a rural or remote area where available providers are limited and as a result the recipient is unable to hire another provider or (3) The recipient is unable to hire another provider who speaks the same language as the recipient resulting in the recipient being unable to direct their own care.  In addition, recipients, with the county’s help, must have explored available options for hiring an additional provider, and prior documented attempts to find other providers may be considered in meeting this requirement.

The complex medical or behavioral needs exemption means the recipient has personal care services that require specific attention and care and these services cannot be provided by anyone other than the line-in IHSS provider without having an adverse impact on the recipient’s physical tolerance and/or behavioral temperament related to a mental health condition.  Providing services by someone other than the current provider, would cause the recipient harm due to physical and/or emotional stress leading to out-of-home care.

Criteria to consider when evaluating the complex medical or behavioral needs exemption include: (1) whether the recipient has ongoing paramedical services that require a high level of skill to perform, (2) whether the recipient receives personal care services requiring specialized care, (3) Whether the recipient has a documented mental health condition and exhibits adverse behavior resulting in undue harm upon the introduction of a new provider, (4) whether the recipient attends an adult day program or receives respite care from another provider and whether that program or caregiver provides specialized therapeutic or medical care, and (5) whether the recipient currently or recently has had other IHSS providers and the impact those providers had on the recipient’s well-being.

The living in a rural area exemption means living outside of urbanized areas and urban clusters.  The county should consider the number of providers living in the geographic area, the number of providers willing to travel long distances to provide services and the recipient’s attempts to obtain a provider.

The unable to hire another provider who speaks the recipient’s language exemption requires determining the extent to which a language barrier impacts service delivery.  This criteria is met only if the inability to hire a provider who speaks the client’s primary language results in a carrier to the recipient directing their own services that cannot be overcome.  The county must assess whether services can be provided after initial interpreter assistance.

For minor recipients with two parents in the home, the second parent can provide services to fulfill remaining hours after the maximum is met if other criteria for parent providers are met.

Exemption requests are made on the CW 2305 form.  When the county receives that form, the county reviews case information and makes a determination.  Determinations are validated by a secondary reviewer.  The county then sends determination letters to both the recipient and the provider.  If the exemption is granted, the provider must complete and return the exemption agreement form, CW 2308.  Approvals last one year and are renewed annually.  The renewal process should be initiated at least 30 days before expiration of the exemption.

If there is a change in exemption eligibility, the county must end the exemption within 15 days.  If there is an intercounty transfer, the exemption continues until the new county conducts a face-to-face assessment.

The administrative review process for denial of extraordinary circumstances exemption is in ACL 18-58 summarized here.  (ACL 18-31, March 22, 2018.)