Author: Stephen Goldberg

Final Pregnancy and Pregnancy Special Needs Supplement regulation

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The California Department of Social Services (CDSS) has release the final regulations implementing changes to CalWORKs Pregnant Person Only cases and the Pregnancy Special Needs supplement.

The amended regulations make several changes:

  • Pregnant Person Only applicants are eligible to receive CalWORKs aid from the date of application regardless of pregnancy trimester.
  • Pregnant Person only applicants who cannot provide medical verification of pregnancy at the time of application can submit a sworn statement or verbal attestation to temporarily verify the pregnancy and receive cash assistance. Medical verification is required within 30 working days following submittal of the sworn statement or verbal attestation, which can be extended if the applicant is making a good faith effort to obtain medical verification.
  • Participants must report to the county within 30 days of end of their pregnancy not resulting in the live birth of a child.
  • Prior to discontinuing cash aid or the Pregnancy Special Needs supplement, counties must provide information about, and referral to mental health services.
  • Pregnant Person Only applicants and pregnant participants with other eligible children can submit a sworn statement or verbal attestation to issue the Pregnancy Special Needs payment when the medical verification of the pregnancy is not available. Medical verification is required within 30 working days following submittal of the sworn statement or verbal attestation, which can be extended if the applicant is making a good faith effort to obtain medical verification..
  • Increases the monthly Pregnancy Special Needs payment to $100.
  • Allows the use of sworn statement or verbal attestation for pregnant person applicants to be determined apparently eligible for CalWORKs and therefore eligible for temporary homeless assistance. (ACIN I-57-24, November 1, 2024.)

CAPI Cost of Living Increase

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Effective January 1, 2025, Cash Assistance Program for Immigrants benefits will increase by 2.5 percent.  This increase is because of the Social Security and SSI 2.5 percent cost of living adjustment (COLA) and the amount of CAPI benefits is linked to the amount of SSI benefits.

The COLA increase will also increase the presumed value of in-kind support and maintenance, the allowance for ineligible children in deeming situations, the sponsor’s allocation in sponsor deeming situations, and the allowance for parents in parent-to-child deeming situations.  (ACIN I-61-24, November 18, 2024.)

Changes to the Cal-Learn program

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The California Department of Social Services (CDSS) has issued guidance regarding changes to the Cal-Learn program. Cal-Learn is a statewide program for parenting and pregnant teens who are in the California Work Opportunity and Responsibility to Kids (CalWORKs) program. It is aimed at helping them graduate high school or its equivalent and forming healthy families. The program provides intensive case management, supportive services, and bonuses to encourage school attendance and good grades. To be eligible, recipients must be under the age of 19, live with their children, be in high school or an equivalent, and not be in foster care.

As of January 1, 2024, participants in the Cal-Learn program are no longer subject to a noncompliance process and financial sanctions within the program. Cal-Learn participants no longer face $100 sanctions for inadequate school progress or failing to submit report cards.

Exempt or deferred individuals who meet satisfactory progress standards in school are eligible for Cal-Learn bonuses. Participants must submit their report cards within 10 working days of them being released to receive bonuses. There are no changes to the time frame for issuing bonuses.

Participants who are in a situation or crisis that is destabilizing their family are eligible for a Cal-Learn exemption. A participant is experiencing a crisis or situation that destabilizes their family including but not limited to a risk of experiencing homelessness, lack of safety due to domestic violence, untreated or undertreated behavioral/mental needs, and the misuse of controlled substances or alcohol can now request a Cal-Learn exemption. Counties must accept a sworn statement as verification for exemptions. Cal-Learn exemptions must now be subject to annual redetermination, or only if the participant requested it earlier. Only deferred participants are entitled to continued case management while neither deferred nor exempt individuals qualify for Cal-Learn supportive services.

When a participant qualifies for a Cal-Learn exemption due to a situation or crisis destabilizing their family, they are eligible for Family Stabilization (FS), Homeless Assistance (HA), and the Housing Support Program (HSP), as appropriate. A family does not need to be exempt from Cal-Learn to access these programs.

As of January 1, 2024, counties must grant good cause to any Welfare-to-Work participant who is pregnant or parenting, participating in an education activity, and the education activity but who does not provide pregnancy and parenting accommodations in violation of Title IX or California Education Code Sections 66252, 66271.9, or 66281.7. Accommodations include excused absences for pregnancy, childbirth, or attending a child’s medical appointments. A participant’s verbal attestation is sufficient to establish good cause.

Currently, all adults are subject to the 60-month time-on-aid limit with certain exceptions and exemptions, but this does not apply to children. Any month an individual is eligible for, participating in, or exempt from Cal-Learn does not count towards the CalWORKs 60-month time-on-aid limit. This exemption does not apply to 19-year-olds who are eligible but not voluntarily participating in Cal-Learn.  (ACL 24-74, October 25, 2024.)

CalFresh Cost of Living increase

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Effective October 1, 2024, the maximum monthly allotment for a one-person household in California is $292, for a two-person household $536, for a three-person household is $768, for a four-person household is $975, for a five-person household is $1,158, for a six-person household is $1,390, for a seven-person household is $1,536, for an eight-person household is $1,756 and add $220 for each additional household member above eight.

The maximum shelter deduction for households without an elderly or disabled household member is increased to $712.

The homeless shelter deduction is increased to $190.30.

The standard deduction is increased to $204 for households of 1-3 people, $217 for households of 4 people, $254 for households of 5 people, and $291 for households of six or more people.

The Standard Utility Allowance (SUA) is increased to $645.  The Limited Utility Allowance (LUA) is increased to $166.  The Telephone Utility Allowance (TUA) remains at $19.

The resource limit for households subject to it is increased to $3,000.  The resource limit for households with a least one household member over age 60 or disabled is increased to $4,500.  This is also the threshold for substantial lottery or gambling winnings that must be reported.  (ACIN I-45-24, September 23, 2024.)

CalFresh Restaurant Meals Program annual letter

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The CalFresh Restaurant Meals Program (RMP) is a program that allows eligible households to use their CalFresh food benefits to purchase prepared meals at approved food establishments. Households that have only adults age 60 and older (and their spouses), people with disabilities (and their spouses), or homeless persons qualify. Both County Welfare Departments (CWD) and the California Department of Social Services (CDSS) can administer the program.

Counties have two options for administering the RMP:

  • Under the county administered option, the CWD administers the RMP at the local level.
  • Under the state administered option, CDSS administers the RMP at the state level. The CDSS implements the RMP in all counties not offering the program and assumes administration of the program at the request of CWD’s. CWD’s must inform the CDSS they intent to transition 120 days before the transition date.

Regardless of who has oversight over the RMP, all CWDs must:

  • Certify eligible households have the RMP indicator turned on at application, recertification, periodic report, or any time there is a change in household circumstances.
  • Inform applicants of their eligibility for the RMP at application.
  • Inform RMP eligible households of the names and addresses of RMP restaurant vendors in their county.
  • Enable the county consortia RMP to pull accurate RMP data.

For locally administered RMPs, CWDs must:

  • Conduct outreach to potential restaurant vendors and ensure they are located in eligible service areas.
  • Screen restaurant vendors to ensure they meet program requirements.
  • Enter into a Memorandum of Understanding (MOU) with restaurants outlining the program while providing technical assistance during the application process.
  • Act as a liaison between restaurant vendors and the CDSS.
  • Perform ongoing program monitoring.

Regardless of who has oversight over the RMP, the CDSS will:

  • Maintain a list of RMP restaurant vendors.
  • Act as a liaison between RMP partners and United States Department Agriculture, Food and Nutrition Service (FNS) to maintain information sharing.

For state administered RMP’s, CDSS will:

  • Conduct outreach to restaurant vendors and screen vendors to ensure they meet program requirements.
  • Ensure vendors are located in service areas.
  • Act as a liaison between restaurant vendors and FNS.
  • Enter into a Permanent Single Agreement (PSA) outlining the program, while providing technical assistance during and after the vendors application process.
  • Perform ongoing program monitoring.

(ACL 24-58, August 12, 2024.)

Use of CDSS interpreter services and confidentiality agreement form

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The California Department of Social Services (CDSS) has issued new guidance and instruction regarding county use of the CR 6181 Interpreter Services Statement and Confidentiality Agreement form.  The CR 6181 must be used when individuals with limited English proficiency use their own verbal interpreter, or when deaf and hard of hearing persons use their own sign language interpreter.

The CR 6181 informs people of the possibility of communication errors when they use their own interpreter.  It also informs that their interpreter may need to interpret sensitive and personal information, and the county cannot guarantee that the client provided interpreter will maintain confidentiality.  The CR 6181 does not replace the GEN 1365 Notice of Language Services form.  Counties must not compel, encourage, or require an applicant/recipient to use their own interpreter, or discourage use of a county provided interpreter.

After a county is informed that an applicant/recipient needs an interpreter, the county must offer free county-provided interpretation at each substantive client contact.  When an applicant/recipient decides to use their own interpreter after being offered a free interpreter, counties must use the CR 6181.  The CR 6181 is consent and a release of information which allows the applicant/recipient to use their own interpreter.

The county must not rely on the client-provided interpreter to help the individual understand or complete the CR 6181.  The county must use a county-provided interpreter for questions about the CR 6181 form.  A new CR 6181 form must be completed if the prior CR 6181 is more than one year old, or the applicant/recipient is using a different interpreter.  The county cannot use the applicant/recipient provided interpreter without a completed CR 6181.

For communication by telephone, counties must accept the CR 6181 by telephonic signature or another form of agreement.

Minors can only be used for interpretation temporarily and only until the county provides an interpreter.  Because use of a minor is temporary, a CR 6181 is not needed when a minor acts as an interpreter.

Counties must inform applicants/recipients of their right to free interpretation.  The county cannot conduct substantive, program related  (ACL 24-68, October 17, 2024.)