Author: Stephen Goldberg

CalWORKs mental health and substance abuse services

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CDSS has provided information about changes to CalWORKs mental health and substance abuse services that are effective between July 1, 2017 and July 1, 2018.  For that period, counties can provide mental health and substance abuse services to children of CalWORKs recipients, and can contract with community-based providers and other local agencies to provide these services.

Children are eligible for these services if the parent(s) are participating or required to participate in Welfare –to-Work (WTW), exempt volunteers or are sanctioned or removed from CalWORKs for failure to comply with WTW requirements.  At the county’s discretion, services can be provided to children of adults who have a temporary WTW exemption.  Services can be provided to children of timed out clients as a post aid service.  Children of adults who are ineligible for CalWORKs are not eligible for services.

This funding must be used in addition to, and not as a substitute for, available mental health or substance abuse funding available from other government programs.  Funding cannot be used for services covered under Medi-Cal or a county mental health plan.

A parent cannot be sanctioned because of a child’s refusal to participate in mental health or substance abuse services.  Refusal or failure of an adult to participate in assigned activities does not prevent children from being referred to or receiving mental health or substance abuse services.

Counties can now send clients to community based providers, including county mental health departments, for mental health evaluations.  That provider must evaluate the recipient and determine any treatment needs, including the extent to which the individual is capable of employment and under what conditions the individual can work. The evaluation must be considered in development of the WTW plan.  Activities and services in the WTW plan must accommodate any restrictions associated with any mental, emotional or substance abuse condition identified in the evaluation.  (ACL 18-04, January 25, 2018.)

CalFresh Employment and Training Program ABAWD Deferral

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CDSS has issued guidance regarding AB 563 which defers individuals who are considered Able-Bodied Adults Without Dependents (ABAWD) from mandatory placement in the CalFresh Employment and Training (E & T) Program.

AB 563 expands the deferral criteria from CalFresh E & T to include individuals subject to the ABAWD time limit which limits eligibility to three full months in a 36-month period for people between ages 18 and 50 who are not disabled and who do not have children.  Counties that choose to operate CalFresh E & T programs must continue to screen work registrants to determine whether they will participate in or be deferred from mandatory CalFresh E & T placement.  Deferred individuals may voluntarily participate.  Note that as of the publication of this letter, all CalFresh E & T programs in California are voluntary.

AB 563 also adds job search training, Workforce Innovation and Opportunity Act activities, self-employment training and job retention and allowable components of CalFresh E & T programs.  The statute also adds subsidized employment as an allowable CalFresh E & T program component, but implementing that is contingent on approval of a federal waiver to allow federal E & T funds to be used for subsidized employment.  (ACL 18-11, January 25, 2018.)

CalFresh ABAWD Handbook

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CDSS has released a handbook about the CalFresh Able-Bodied Adults Without Dependents (ABAWD) time limit.  The handbook provides policy guidance regarding implementation and administration of the ABAWD time limit.

California has had a statewide wavier of the ABARD time limit since 2008 because of a high statewide unemployment rate.  The waiver will expire on August 31, 2018.  Some geographic areas of the state will be ineligible for continuation of the waiver.  Counties that lose waiver eligibility will be required to implement the ABAWD time limit beginning September 1, 2018.  The ABAWD rule limits receipt of Supplemental Nutrition Assistance Program (CalFresh in California) to three full months in a 36-month period for people between ages 18 and 50 who are not disabled and who do not have children.

The handbook includes a general overview of the ABAWD time limit, guidance on exemptions and how to satisfy the ABAWD work requirement.  The handbook also addresses counting months of ABAWD participation, losing and regaining CalFresh eligibility and tracking ABAWD eligibility and participation.  (ACL 18-08, January 26, 2018.)

Suspension, reinstatement, termination and reapplication for CAPI benefits

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CDSS has issued instructions suspension, reinstatement and termination of Cash Assistance Program for Immigrants (CAPI) benefits and reapplication for CAPI.

Suspension is an interruption of CAPI benefits because of the recipient’s failure to satisfy one or more CAPI eligibility requirements.  CAPI benefits can be reinstated without a new application if they re-qualify for benefits within 12 months of the date of suspension.  Suspension is effective the first day of the month in which the recipient no longer meets all CAPI eligibility requirements.  The county sends a notice of change of benefits (NA 692) form when suspending CAPI benefits.

Examples of events that can cause suspension of benefits include: income in the budget month exceeding the payment standard in the payment month, resources exceeding the allowable limit, failing to provide proof of applying for SSI, being outside the United States for 30 consecutive days, being a resident of a public institution for an entire calendar month, and failing to cooperate in providing requested information.

CAPI benefits can be reinstated when the recipient submits evidence requested by the county to reestablish eligibility during the suspension period.  A recipient does not need to file a new application to request reinstatement within the 12 month suspension period.  Benefits are reinstated effective the first day the recipient meets all eligibility requirements, even when that day is in the middle of the month.  This may require counties to make partial month payments.

Termination occurs when benefits have been suspended for 12 consecutive months and cannot be reinstated without filing a new application.  The county sends a second NA 692 notice when terminating benefits.  After this notice, the former recipient must reapply for benefits.  This is treated as a new application with a new protected application date.  (ACL 18-07, January 19, 2018.)

Paid sick leave for IHSS providers

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CDSS has issued instructions implementing SB 3 regarding paid sick leave for IHSS providers.  Beginning July 1, 2018, IHSS providers who work 100 hours will be eligible for 8 hours of paid sick leave per year. The sick leave time will increase to 16 hours per year on July 1, 2020 and 24 hours per year on July 1, 2022.

Providers will be able to use paid accrued sick leave after working an additional 200 hours or 60 calendar days from the date when the provider earned the sick leave, whichever is first.

Providers will lose any used sick leave at the end of each fiscal year.  Accrued sick leave will not be paid at the end of employment.  However, if the provider is rehired as an IHSS provider within a year, previously accrued sick leave will be reinstated.

IHSS providers can use accrued sick leave for diagnosis, care or treatment of an existing condition or preventative care for themselves or their family, or if the provider is a victim of domestic violence, sexual assault or stalking.

IHSS providers can request paid sick leave by completing the SOC 2302 IHSS Program Provider Sick Leave Request Form.  Both the recipient and the provider sign the form.  The provider submits the form to the CMIPS vendor, Enterprise Services.  The minimum increment for paid sick leave is 1 hour, and additional sick leave may be used in 30 minute increments.  Providers should give 48 hours notice to the recipient for planned usage of paid sick leave and immediate notice or at least two hours prior to the start of the work day for emergencies.

CDSS will add the amount of available sick leave to each provider’s pay warrant.  Providers will receive a supplemental check which will include the wages received for the sick time used.  (ACL 18-01, January 9, 2018.)

End of requiring Social Security numbers for subsidized child care

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The California Department of Education (CDE) has issued instructions that Social Security Numbers are no longer required to be collected from families receiving subsidized child care.  Social Security Numbers are no longer required for child care eligibility certification.  The CDE child care application has been revised to eliminate the Social Security Number field.  The privacy notice and consent form is no longer necessary and is not to be used.  (Management Bulletin 17-20, November, 2017.)