Author: Stephen Goldberg

Violations for exceeding IHSS provider workweek and travel time limitations

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The California Department of Social Services has issued instructions about violations for IHSS providers who exceed workweek and travel time limitations.  Those limitations are described in ACL 16-01.

A violation of the workweek and travel time limitations occurs when: 1) a provider works more than 40 hours in a workweek without county approval and the recipient’s receives less than 40 hours; 2) a provider works more hours in a workweek than the recipient’s maximum weekly hours causing the provider to work more overtime hours in a month than normal without county approval; 3) a provider works more than 66 hours in a week when working for multiple recipients and 4) a provider claims more than 7 hours of travel in a workweek.

The first violation causes a written warning.  The second violation is a warning and a one-time opportunity to complete voluntary instructional materials.  If the materials are completed within 14 days, the second violation is rescinded.  The next violation would then be considered the second violation and will not be rescinded.  The materials are attached to ACL 16-44.

The third violation causes a 90 day suspension of the IHSS provider’s eligibility to work.  The fourth violation causes a one year suspension of the IHSS provider’s eligibility to work.

If a provider has no violations for a year, one violation is rescinded.

For first and second violations, providers can request a county administrative review of the violation, followed by an administrative hearing.  For third and fourth violation, providers can request a county administrative review, then a CDSS administrative review, then an administrative hearing.  ACL 16-36 (April 21, 2016).

Submission of IHSS Provider Enrollment Agreement

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The California Department of Social Services previously stated in ACL 16-01 that In Home Supportive Services providers were required to submit the Provider Enrollment Agreement (SOC 846) by April 15, 2016 or be terminated on May 1, 2016.

CDSS changed its policy so that providers who did not submit the SOC 846 by April 15, 2016 will not be automatically terminated.  The SOC 846 remains a required form that must be submitted and counties must assist in providers in completing the form.  ACL 16-27 (April 14, 2016).

WTW requirements for Pregnant Woman Only Assistance Units

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The California Department of Social Services has issued instructions about Welfare-to-Work (WTW) requirements for Pregnant Woman Only (PWO) Assistance Units. Pregnant women with no other eligible children in the home are now eligible for CalWORKs beginning in the second trimester of pregnancy.

Unless exempt from WTW, PWOs must participate for 20 hours per week to meet minimum participation requirements because they are considered a household with a child under age 6.  However, to meet federal participation requirements, PWOs must participate 30 hours per week, 20 hours of which much be in a federally approved activity.  If a PWO meets the 20 hours per week minimum but not the 30 hours per week federal requirement, the PWO’s 24 month clock ticks. ACL 16-21 (April 15, 2016).

CAPI eligibility for citizens of free associated states

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The California Department of Social Services has issued a clarification that citizens of the free associated states of the Marshall Islands, Micronesia Palau are eligible for the Cash Assistance Program for Immigrants (CAPI).

Persons are eligible for CAPI if they are lawful immigrants who would have been eligible for Supplemental Security Income (SSI) benefits before August 22, 1996, the day the federal welfare reform law became effective.  Lawful immigrants who were eligible for SSI before August 22, 1996 include persons who qualify as Persons Residing Under Color Of Law (PRUCOL).

Citizens of the freely associated states are PRUCOL and are therefore eligible for CAPI.  ACL 16-33 (May 2, 2016).

Misconduct and unemployment insurance ALJ duty to develop the record

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The California Unemployment Insurance Appeals Board (CUIAB) has issued P-B-510 which holds that due process requires the Administrative Law Judge (ALJ) to develop the record in an unemployment insurance hearing.  The case involves termination for tardiness based on an employer’s no fault attendance policy.  The decision first holds that an employer’s attendance policy has no bearing on eligibility for unemployment insurance, and whether an employee has committed misconduct is based on unemployment insurance law and the particular facts of the case and not on the employer’s attendance policy.

The decision continues that, in attendance cases, the final incident must be analyzed to determine if it is misconduct, and that is done by examining whether the incident breached an important duty to the employer and injured or tended to injure the employers interest.  If so, the employee must show good cause.  If there is not good cause, the employee will have committed misconduct if the final incident was substantially detrimental to the employer’s interest or the employee had at least one prior justified warning for a similar incident.

The CUIAB then found that the ALJ had to a duty to develop “a comprehensive evidentiary record” surrounding the final incident, including the reason for the tardiness, the reasons the employee did not provide notice of the tardiness, the impact on the employer and the facts surrounding prior attendance issues and reprimands.  The ALJ failed to develop the record, and that failure justified remand for a new hearing to fully develop the record.  P-B-510 (February 24, 2016).

Benefits and same-sex marriages and domestic partnerships

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The California Department of Social Services has issued policies about how same-sex marriages and domestic partnerships are treated for purposes of various programs.  For CalWORKs, same-sex spouses and registered domestic partners who have adopted the children are treated as members of the assistance unit who are subject to welfare-to-work requirements.  These households are considered two parent households for purposes of welfare-to-work requirements.  Same-sex spouses and registered domestic partners who have not adopted the children are considered step-parents, meaning they can be considered part of the assistance unit and participate in welfare-to-work but are not required to do so.

For purposes of eligibility for child care, same-sex spouses and registered domestic partners who have adopted the children are treated as members of the assistance unit, meaning the same-sex spouse or registered domestic partner can be considered an able and available parents who can provide child care.  Same-sex spouses and registered domestic partners who have not adopted the children are considered optional step-parents and are not considered for purposes of eligibility for child care.

For purposes of CalFresh, any group of persons who customarily purchase and prepare meals together are considered a household.   Same-sex spouses are considered spouses and must be included in the CalFresh household.  However, registered domestic partners are not considered spouses and are not automatically included in the household.  Registered domestic partners who are part of the CalWORKs assistance unit or customarily purchase and prepare meals with the family must be included in the CalFresh household.

Refugee Cash Assistance has the same requirements as CalWORKs.  Registered domestic partners have the same status as married couples for purposes of eligibility for Refugee Cash Assistance.  ACL 16-13 (March 28, 2016).