Author: Stephen Goldberg

CalFresh fleeing felon and probation violation rules

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CDSS has issued new rules about when persons can be disqualified from CalFresh for being a fleeing felon violating a condition of probation and parole. These rules comply with new federal regulations issued at 80 Fed. Reg. 54410. To be considered a fleeing felon and ineligible for CalFresh, a person must have a warrant issued for their arrest that is under the National Crime Information Center (NCIC) code for escape, flight to avoid prosecution or flight-escape. Only warrants with one of those three NCIC codes are a reason to deny or terminate CalFresh benefits.

To be considered violating a condition of probation or parole and be ineligible for CalFresh, there must be a judicial determination that the individual violated a condition of probation or parole. Issuance of a warrant for a violation of probation or parole by itself is not a reason to deny or terminate CalFresh benefits.

In addition, local law enforcement must be actively seeking the individual to enforce a condition of probation or parole. To determine whether law enforcement is actively seeking an individual, the county must contact local law enforcement and ask whether they intend to enforce violation of probation or parole within 30 days. If the answer is no, then the individual is not considered a probation or parole violator. If the answer is yes, the case is held for 30 days to find out if local law enforcement takes action to enforce the probation or parole violation. If no action is taken in 30 days, the individual is not consider a probation or parole violator.

The new rules are effective December 1, 2015. ACL 15-82 (10/14/15).

CalWORKs for disaster victims

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CDSS has issued instructions regarding CalWORKs issues for disaster victims. The instructions reiterate several important facts of the CalWORKs rules as they relate to disasters including: 1) the county must accept statements under penalty of perjury when documents are unavailable because of a disaster, 2) disaster relief payment do not count as income for purposes of CalWORKs, 3) disaster is an exception to the once in a lifetime limit on homeless assistance benefits, 4) disaster victims should be evaluated for immediate need, 5) written statement is sufficient to establish residency and 6) disaster victims should be evaluated for good cause for non-participation in welfare-to-work.

In addition, disaster related issues can be good cause for late filing of semi-annual reports and annual redetermination. For the first month after a report is late, the county must evaluate for good cause for late filing. After the first month, the client must request a good cause evaluation for late filing. ACIN I-85-15 (10/14/15).

Questions and answers regarding OCAT

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CDSS has issued several questions and answers regarding the new Online CalWORKs Appraisal Tool (OCAT) (See ACL 15-43 for background about OCAT). Most importantly, the questions and answers state that an individual cannot be sanctioned for not answering particular OCAT questions. This should include questions about disability and domestic violence. An individual can be sanctioned for refusing to do the OCAT appraisal at all.

In addition, the questions and answers state that an OCAT appraisal can be done by telephone as a reasonable accommodation or when coming to the welfare department would interfere with work or class schedule. ACL 15-69 (9/17/15).

CalFresh student eligibility

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AB 1930 required CDSS to identify and verify participation in programs that are exempt from the rule that students are generally ineligible for CalFresh. CDSS has identified that students enrolled in either a Workforce Innovation and Opportunity Act (WIOA) program or Extended Opportunity Programs and Services (EOPS) program are eligible for CalFresh. CDSS states it is developing a form to verify enrollment in these programs and is continuing to work on identifying other educational programs that are exempt from the CalFresh student rules. ACL 15-70 (9/17/15).

Drought relief programs

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CDSS has issued information about drought relief programs. One such program is the Drought Food Assistance Program that provides low income individuals and families with three to five days of food if they live in one of 29 designated counties and are unemployed or underemployed as a result of the drought. Households self-certify and agree that the food received is for personal home use only. The food boxes are distributed by local food banks. Another program is the Drought Water Assistance Program to assist low income households with residential water utility bills in 10 counties. CDSS also distributed a brochure about drought relief programs. ACIN I-62-15 (7/22/15).

CalWORKs instructions on home county rules

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CDSS has clarified that residence in California, but not in a particular county, is required for CalWORKs eligibility. Although recipients are required to report address changes within 10 days, failure to report an address change, by itself, is not a basis for adverse action against the recipient. For example, not reporting moving from a Region 1 (higher grant) county to a Region 2 (lower grant) county would cause an overpayment because of the difference in the grant level, but not because of the failure to report.  In addition, a recipient can temporarily reside in another county for up to four months without changing their home county as long as they intend to return. CDSS provided five examples to illustrate the CalWORKs home county rules. ACIN I-63-15 (7/27/15).