Author: Stephen Goldberg

Subsidized child care income ceiling

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The California Department of Social Services (CDSS) has issued a new Schedule of Income Ceilings for subsidized child care.  The schedule applies to direct service and voucher-based child care and development contracts administered by CDSS.  The updated schedule is used to determine income eligibility for state subsidized child care and development programs, and priority for enrollment in those programs.  The new schedule is to be used effect8ve July 1, 2024.

Contractors must enroll families into CDSS administered subsidized child care in priority order.  First priority is neglected or abused children who are in child protective services, or who are at risk of being abused and neglected with a written referral from a medical, legal or social services agency.

Second priority is income eligibility, with lower income families receiving higher priority.  If two or more families have the same priority, a family with an exceptional needs child is admitted first.  Families with a primary lowest income receive the highest priority.  Families who used a primary language other than English also have second tier priority.

Families who receive means tested government benefits (CalWORKs, CalFresh etc) must be prioritized based on the income they state on their application for the means tested government program.

The Income Ranking Table does not apply to CalWORKs Stages One, Two, or Three child care. (CCB 24-12, July 1, 2024.)

IHSS advance pay reconciliation and overpayments

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Severely impaired In Home Supportive Services (IHSS) recipients can receive an advance payment for their monthly authorized IHSS services and pay their providers directly.  Recipients who get advance payment must submit reconciling timesheets by the end of the month.  If the recipient fails to submit a reconciling timesheet within 45 days of the issuance date of the advance payment, there is a rebuttable presumption that the unreconciled amount is an overpayment.  Counties should help recipients with reconciliation.

Counties should determine which part of the advance payment is an overpayment because of failure to reconcile.  Any portion of an advance payment that is not used to purchase IHSS services is an overpayment.  If timesheets are not reconciled, but the county determines that the advance pay amounts were used to purchase IHSS services, there should not be an overpayment and the county can consider the timesheets to be reconciled.

Failure to submit a time sheet within 90 days of the date of payment allows counties to change a recipients payment method from Advance Pay to payment in arrears.

If a recipient is deceased, the county can consider the Advance Pay amount reconciled.  (ACL 24-38, June 6, 2024.)

CalSAWS system changes to support changes in foster care referrals for child support

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The California Department of Social Services and the California Department of Child Support Services have discussed several possible changes to the CalSAWS computer system to help implement changes regarding foster care referrals for child support.

However, despite the fact that no CalSAWS system changes have been made, the only foster care related child support cases that can be referred to the local child support agency are when a parent’s annual income is more than $100,000, or 400 percent of the federal poverty level, whichever is greater, and referral will not be a barrier to reunification.  All foster care related child support collection efforts should stop unless this exception is met.  (ACIN I-07-24, February 16, 2024.)

Foster Care child support arrears

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The California Department of Child Support Services instructs local child support agencies (LCSAs) to review all cases with foster care arrearages.  If the annual income of the parent ordered to pay support is less than $100,000, or 400 percent of the federal poverty level, whichever is greater, the LCSAs must deem the arrears uncollectable and remove them.

If the annual income of the parent ordered to pay support is less than $100,000, or 400 percent of the federal poverty level, and any of the dependent children are still receiving foster care services, the LCSA must ask the welfare department whether continued enforcement would be a barrier to reunification.

If there are no dependent children still receiving foster care services and the annual income of the parent ordered to pay support is less than $100,000, or 400 percent of the federal poverty level, the case will not be reviewed for relief from foster care arrears.

Collections made prior to the collectability determination and removal of arrears will not be refunded.  (CSSP Letter 23-02, October 23, 2023.)

Referrals of families with a child in foster care to child support agencies

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Effective January 1, 2023, counties cannot refer parents whose children have been removed from the home and who are receiving Child Welfare Services to child support agencies.  The only exception to this rule is if a parent’s annual income is more than $100,000, or 400 percent of the federal poverty level, whichever is greater, and referral will not be a barrier to reunification.

In addition, effective January 1, 2023, accrual and collection of foster care related child support payments that do not meet the exception stops.

Counties are encouraged to reassess cases where the family meets the exception if they get information that the parent’s situation no longer meets the exception.

Counties must still do the CW 51 child support referral form for foster care cases and note on the form that the referral will not be sent to the local child support agency unless the parents meet the income exception.  (ACL 23-29, March 20, 2023.)