CalWORKs learning disability screening

CDSS issued new forms for learning disability screening and waiver of learning disability screening and evaluation. CDSS also issued rules about using these forms. Counties must offer learning disability screening both verbally and in writing. Counties must provide all information about learning disability screening before discussing waiver and cannot offer or require WTW participants to sign a waiver in lieu of offering learning disability screening or referral for evaluation.

Counties must provide learning disability screening to all WTW participants who request it. If screening is not available in the participant’s primary language, the participant may request referral for an evaluation.

If the participant has a previous learning disability evaluation, the county must decide whether to accept it. If the county accepts the prior evaluation, the participant signs a waiver of a new screening. If the county does not accept it, the county must offer a new screening, and the participant can accept the new screening, waive screening, or request a hearing to challenge the county’s decision not to accept the prior evaluation. ACL 15-101 (12/18/15).

CalWORKs, CalFresh and EITC

CDSS issued guidance about treatment of federal and state Earned Income Tax Credit (EITC) for purposes of eligibility for CalWORKs and CalFresh. For both programs, both federal and state EITC is permanently excluded as income and does not count as a resource for 12 months. CDSS strongly encourages counties to notify recipients.

CDSS also describes eligbility for both federal EITC and the new California EITC that begins for the 2015 tax year. ACL 15-87 (11/2/15).

Free copies of birth certificates for homeless persons

AB 1733, which became effective on July 1, 2015, requires the registrar or county recorder to provide free certified copies of birth certificates to homeless persons. County Welfare Departments (CWDs) are considered homeless services providers under the statute. This means that CWDs are required to assist homeless clients who need to get a birth certificate by completing an affidavit that the client is homeless. The form for the affidavit is part of California Department of Public Health ACL 15-05, which is attached to CDSS’ instructions. This duty is in addition to the CWDs duty to cover fees if necessary to obtain information or verification to receive benefits. ACIN I-90-15 (11/25/15).

CalFresh application denials before 30th day

Under a federal waiver, California can deny CalFresh applications 10 days after the date of a request for verification if the applicant does not provide the requested information. This letter states that a welfare department cannot deny a CalFresh application for failure to provide verification within 10 days of a request unless an interview is completed. In addition, the denial cannot be effective until 30 days after the application is filed.

This letter also reminds counties: 1) they must schedule interviews for all CalFresh applicants who are not interviewed on the day they submit their application, 2) cannot deny an application prior to the 30th day after application if the household misses their first scheduled interview, 3) they must send a denial notice on the 30th day following the date of the application if the household misses a scheduled interview and does not tell the county they want to pursue the application, and 4) counties must give at least 10 days for applicants to provide missing verification.  ACL 15-93 (11/20/15).

Requests for child support accountings

The California Department of Child Support Services has released a reminder that local child support agencies (LCSAs) must provide accountings in child support cases on request. The LCSA must provide an audit of arrears within 30 days of a request by either a custodial or non-custodial party. If the LCSA cannot complete a review of arrears within 30 days, the LCSA should send a letter to the requestor informing of the delay and an estimate date for completion of the audit of arrears.

The LCSA must also provide a payment history to non-custodial parents on request.

A custodial or non-custodial party can file a request for complaint resolution for failure of a LCSA to provide a financial audit on request.  CSS Letter 15-12 (12/3/15).

Unticking CalWORKs clock for zero participation months

CDSS has issued guidance about unticking months on the 24 month time on aid clock for adults with zero participation hours. Months should be unticked from the 24 month time on aid clock if, for any six consecutive month period between January 1, 2013 and September 30, 2015, the adult was aided, had zero WTW participation hours and the 24 month clock ticked.

In addition, good cause should be found and months unticked from the 24 month time on aid clock when either the client was unengaged in WTW prior to initiation of WTW compliance process, or months when more than 60 days passed between the initiation of WTW compliance and imposition of a sanction.

Counties are required to identify these cases and send an informing notice that months are being added to the 24 month time on aid clock.  ACL 15-99 (12/1/15).