Author: Stephen Goldberg

2015 Child Support Legislation

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DCSS has issued information about new child support legislation. Two of these bills are noteworthy. AB 610 authorizes administrative suspension of child support orders due against incarcerated or other involuntarily institutionalized obligors and adjustment of arrears to zero for these obligors if there is no objection from either parent. If there is an objection, the issue is heard in court. This bill is effective October 9, 2016

SB 646 adopts the Uniform Interstate Family Support Act of 2008 (UIFSA) as California law effective January 1, 2016. This is required by federal law. SB 646 also adopts the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance as California law. The Hague Convention establishes uniform procedures for processing international child support cases. CSSIN 15-01 (12/22/15).

2016 CalWORKs IRT

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The CalWORKs Income Reporting Threshold (IRT) is the income amount which CalWORKs recipients are required to report mid-period. The CalWORKS IRT is the lower of 1) 55% of the Federal Poverty Level plus the amount of income used to calculate the assistance unit’s current grant or 2) the amount of income likely to make the assistance unit ineligible for CalWORKs.

CDSS issued a chart of the IRT levels effective October 1, 2015. Counties are required to notify each assistance unit of their new IRT level.

CDSS also reminded counties that, upon reporting of income over the IRT, the county must determine if that income is reasonably anticipated to continue. If the income over IRT is reasonably anticipated to continue, the county recalculates the grant amount based on the new reasonably anticipated income. ACL 15-75 (10/1/15).

CalWORKs learning disability screening

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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

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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

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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

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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).