Author: Stephen Goldberg

More SB 1041 Questions and Answers

Posted on by

The California Department of Social Services has issued its seventh set of questions and answers about SB 1041.  Most of the questions and answers involve data gathering.  However, a few of the questions and answers contain important policy guidance.

Question and Answer 3 addresses averaging of welfare-to-work participation hours.  Hourly welfare-to-work participation hours are determined using an average weekly requirement.  However, in some months, this average calculates to more than the minimum required 20, 30 or 35 hours. When that happens, an alternative calculation method must be used.  The alternative methods are the most days averaging method, which is based on the number of weeks in the month that contain four or more days, or the Friday Falls Averaging Method, which is based on the number of weeks in the month that contain a Friday.  The intent of these alternative methods is to prevent sanctions for recipients who are participating their minimum 20, 30 or 35 hours per week.

Several questions and answers address cross-over between California and federal work participation requirements.  California allows certain activities that are federal work participation requirements limit.  In particular, California allows vocational education while federal work participation limits vocational education to 12 months in the participants lifetime, and California requires job search at the beginning of the welfare-to-work process while federal work participation requirements limit the amount of countable job search.  CDSS states that participants are not required to have their federal time and the time on their 24 month clock run concurrently.  The participant can choose whether to first count these activities toward their 24 month clock or towards their federal limit.

CDSS also states that counties are not required to initiate a new review of 24 month extensions when there is an intercounty transfer.  Counties can review the case if the extension is not based on a formal request from the participant, but the new county cannot request verification until it has reviewed documentation from the prior county and determined it is insufficient.  The receiving county cannot deny a 24 month extension based on the county already having met its 20% extension target.

In addition, CDSS states that counties must reevaluate all 24 month extensions every six months even if the participant does not request to continue the extension.  (ACL 17-78, September 1, 2017.)

IHSS Protective Supervision clarifications

Posted on by

The California Department of Social Services has issued clarification regarding several In Home Supportive Services (IHSS) Protective Supervision (PS) issues.

When two or more IHSS recipients are living together and receiving PS, the need is considered a common need and is prorated between the recipients.  CDSS issued instructions for how to prorate PS in the CMIPS II computer system.

Alternative resources are supportive services that are available to meet the recipient’s needs.  The county shall arrange for delivery of alternative services when they are available at no cost to either the IHSS program or the recipient.  Examples of alternative resources include adult or child day care centers, schools, community resource centers, Senior Centers and respite centers.  Multipurpose Senior Services Program and Regional Centers cannot be considered alternative resources.  Voluntary services cannot be considered an alternative resource, but can be used to fulfill the recipient’s 24 hour per day plan.

Environmental modification cannot be required to eliminate the need for PS.  However, existing environmental modifications can be considered if they eliminate the safety hazard that puts the recipient at risk.  Modifications or restraints such as locking the recipient in a room cannot be considered an appropriate modification.

The risk of falling can be considered for PS if the reason for the fall risk is related to the recipient’s mental impairment or illness.  For example, PS can be authorized for a recipient who has a fall risk if the recipient is unable to walk unassisted but, due to a mental impairment, forgets and frequently attempts to walk unassisted.

Eligibility for PS because of combative behavior is based upon evaluation of the willfulness of that behavior.  The recipient is considered nonself-directing if they are unable to assess the danger and risk of self harm.  An example is head banging as a manifestation of mental impairment or illness.  A recipient who displays intentional self-destructive behavior with the knowledge that the behavior may cause self harm would not be eligible for PS.  Recipients who exhibit anti-social or aggressive behavior directed to harm other people are ineligible for PS.  (ACL 17-95, September 12, 2017.)

CalWORKs and financial aid

Posted on by

The California Department of Social Services has issued a reminder to counties about counting financial aid as income for CalWORKs. Most education grants, scholarships and loans are exempt in their entirety from consideration as income for CalWORKs regardless of how they are used.  Loans and grants that are entirely exempt include loans and grants under Title IV of the Higher Education Act or the Bureau of Indian Affairs student assistance program, grants administered by the federal Department of Education, educational grants based on need, and loans or grants from community college extended opportunity services, the California Student Aid Commission or a college accredited by the Western Association of Schools and Colleges.

Applicants or recipients can choose to pay education expenses from their exempt financial aid.  However, they cannot be required to do so, and supportive services cannot be reduced if a participant chooses not to use financial aid for education expenses otherwise covered by supportive services.  The WTW 8 form is used to documents this choice.

In general, non-federal financial assistance that is based on merit instead of need, including grants from charitable organizations, private scholarships, and non-federally subsidized loans are exempt to the extent the proceeds are used to meet education expenses.  Any portion of non-exempt financial aid that is not used for education expenses counts for CalWORKs.  If the non-exempt financial aid is a recurring payment, it counts as income.  If it is a one-time payment, it is a non-recurring lump sum that counts as a resource in the month after it is received.  Recipients must provide the county with verification of the education expenses for which they used non-exempt financial aid.  (ACIN I-58-17, August 29, 2017.)

HUD Lead Safe Housing Rule Guidance

Posted on by

The United States Department of Housing and Urban Development (HUD) has issued guidance to public housing authorities (PHA), Housing Choice Voucher (HCV) property owners and Project-Based Voucher (PBV) property owners regarding required actions when a child in a family receiving public housing, HCV or PBV assistance is identified as having an elevated blood level (EBLL).

The guidance identifies various actions that must be taken when a child under age 6 is identified with an EBLL, including notifying HUD, notifying the local health department if necessary, verification of the case if necessary, environmental investigation, control of the lead hazard within 30 days, notifying other residents and ongoing monitoring.  For public housing, the PHA is the responsible party.  For PBV, the property owner is the responsible party.  For HCV, the PHA is the responsible party but the property owner is responsible for certain response activities.

The guidance also reminds owners of PBV properties that receive more than $5,000 annually per unit in assistance that they must ensure that units built prior to 1978 receive a lead risk assessment, regardless of whether there are children under age 6 in residence, that occupants are informed of the result of the risk assessment, that identified lead paint hazards receive interim controls and that there is clearance by a certified risk assessor before re-occupancy.  PBV owners must also monitor and maintain any remaining lead based paint and hazard controls with annual visual inspections and reinspections with testing every two years.  (PIH Notice 2017-13, August 10, 2017.)

 

Accessibility in Special Occupancy Parks

Posted on by

The California Department of Housing and Community Development (HCD) has issued guidance about application of the Americans with Disabilities Act and other disability laws to Special Occupancy Parks, which include recreational vehicle parks, incidental camping areas and tent camps.  HCD states that Special Occupancy Parks that are open to the public “likely” qualify as public accommodations and “thereby may be subject to” the Americans with Disabilities Act, the California Building Code, the Unruh Act, and the California Disabled Persons Act.

This means that Special Occupancy Parks must comply with the 2010 Americans with Disabilities Act Standards for Accessible Design, including accessibility requirements for day use areas, nature trails, parking spaces, bathrooms and pools.  (Information Bulletin 2017-04, July 25, 2017.)

Child care immunization requirements

Posted on by

The California Department of Social Services has issued instructions immunization as a requirement for enrolling in child care.  SB 277 ended the personal belief exemption to mandatory immunization effective January 1, 2016.  This requirement applies to child case as explained in California Department of Education Management Bulletin 16-05.  Children who previously had a personal belief exemption from immunization will need to be immunized prior to entering kindergarten or seventh grade.  The immunization exemption for medical reasons remains.

The immunization requirement does not apply to licensed exempt child care.  If children switch from license exempt child care to licensed child care, the immunization requirement will apply.

SB 277 does not change the CalWORKs immunization requirements.  The CalWORKs requirement only applies to aided children under age six.  The personal belief and other good cause exceptions to immunizations remain for CalWORKs.  (ACL 17-86, August 11, 2017.)