Author: Stephen Goldberg

Adoption Assistance Program eligibility for Indian children

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Prior to January 1, 2025, an Indian child who was adopted from tribal jurisdiction was not eligible for Adoption Assistance Program (AAP) benefits.  This was because tribal courts generally do not terminate parental rights as part of the adoption process.

Effective January 1, 2025, an Indian child whose case is transferred from state court jurisdiction to tribal court jurisdiction can be eligible for AAP because a final order of adoption from the tribal court now meets the criteria for AAP eligibility.

In these cases, the county of state court dependency jurisdiction is the responsible county and responsible public agency for AAP.

A tribe does not need to have a Title IV-E agreement with the state or federal government to be eligible for AAP payments.

In these cases, the tribe will need to communicate to the responsible county that there is a plan of adoption, and will need to help the adoptive parents with the AAP application.  (ACL 25-20, March 18, 2025.)

Adoption Assistance Program Wraparound services

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Wraparound services are community based mental health services.  The Adoption Assistance Program (AAP) can fund Wraparound services, in lieu of out of home placement, for up to 18 months per episode or condition.  Adoptive parents can request an additional 18 months of Wraparound services for a new episode or condition.

Adoptive parents who use Wraparound services for an AAP eligible child are private pay consumers.  Wraparound service contracts are between the adoptive parent and the service provider.  For Wraparound services, adoptive parents ask their responsible public agency to increase the child’s total monthly negotiated AAP rate to cover the cost of Wraparound services.  Adoptive parents must provide supporting documentation to the responsible public agency to support their request.

A specialized service beyond the capability of the service provider may be provided indirectly, that is, by a different provider.  The specialized service must be part of the service contract and plan of care, and it must be identified as necessary support for the AAP child by the Wraparound Team.

Wraparound service providers cannot use AAP funds to cover the costs of respite care that is more than a total of 30 days.   (ACL 24-66, August 30, 2024.)

CAPI redeterminations while in suspense status

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Cash Assistance Program for Immigrants (CAPI) recipients must have their eligibility redetermined every 12 months.  If an individual’s CAPI benefits are suspended the individual has 12 months to resolve the issue and have benefits reinstated.  CAPI benefits can be suspended when the recipient does not take action needed for their eligibility such as submitting mandatory paperwork.  Benefits are also suspended when recipients are temporary over the CAPI income or resource limit.

If a redetermination is scheduled while a CAPI recipient’s benefits are suspended, the redetermination is delayed until after the suspension is resolved and the recipient is returned to pay status.  After the suspension is resolved, the annual redetermination is initiated immediately.  If there is already a scheduled redetermination, it should be completed as scheduled.

If the recipient does not resolve the issue that caused the suspension within 12 months, the individual must reapply for benefits.

Note that verification of SSI ineligibility because of immigration status is acceptable within six month of being issued.

The county has 30 days from receiving the redetermination packet to decide the redetermination.  (ACL 25-21, April 1, 2025.)

CAPI changes to in-kind support and maintenance, and overpayment recovery changes

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The California Department of Social Services (CDSS) has informed counties of several changes to the Cash Assistance Program for Immigrants.  These changes are because of changes in federal Supplemental Security Income policies that the CAPI program follows.

Effective October 1, 2024, CAPI recipients who live with at least one other household member who receives one or more Public Income Maintenance Payments are not subject to the in-kind support and maintenance deduction for shelter assistance received from anyone inside the household.  The in-kind support and maintenance deduction is a reduction in benefits because of non-cash assistance the CAPI recipient receives.  The in-kind support and maintenance deduction still applies to shelter assistance received from outside the household.

Food is no longer counted as in-kind support and maintenance.  Only shelter can be considered in-kind support and maintenance.

Counties must evaluate all CAPI cases at least once on the 12-month period after October 1, 2024.  Counties must determine whether there is an underpayment of benefits because of this change at that evaluation.

Counties must exclude any Public Income Maintenance payments from any income from a spouse who is ineligible for CAPI or SSI that is counted in determining the amount of CAPI benefits.

Repayment plans for CAPI overpayments can now be up to 60 months.  Counties must continue to try to negotiate a recovery rate that will repay the overpayment within 12 months, counties may approve repayment agreements up to 60 months when requested.   (ACL 24-93, December 20, 2024.)

IHSS qualified medical providers

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In-Home Supportive Services (IHSS) applicants/recipients must obtain a certification from a licensed healthcare provider affirming the inability to perform activities of daily living (ADLs) without assistance. Personal care services are provided to applicants/recipients who have a chronic, disabling condition that causes functional impairment that is expected to last at least 12 consecutive months, or that is likely to result in death within 12 months and who are unable to remain safely at home without services.

Qualifying Licensed Health Care Professionals (LHCPs) are defined as individuals who provide treatment or diagnosis for physical or mental conditions contributing to physical limitations. Qualifying LHCPs include, but are not limited to, physicians, physician assistants, regional center clinicians or clinician supervisors, occupational therapists, physical therapists, psychiatrists, psychologists, optometrists, ophthalmologists, or public health nurses.

The condition for which the SOC 873 certification form is completed must fall within the LHCP’s licensed scope of practice. For example, only an optometrist can sign off on an SOC 873 that claims IHSS benefits for vision related issues.

Nurse practitioners (NPs) are now officially recognized as authorized signatories for the SOC 873 form. California’s Department of Social Services (CDSS) determined that NPs are permitted to complete the form even without certification authorized under AB 890 because their existing scope of practice included diagnosing and treating physical and mental conditions that qualify recipients for IHSS. However, Registered Nurses (RNs) remain ineligible due to their limited authority to diagnose or prescribe treatment in California.

Counties must verify that all sections of SOC 873 are complete. If information is missing but otherwise verifiable, counties may accept the form without delay and contact the appropriate health care professional. If the LHCP responds no to the disabling condition question on the SOC 873 form and the county disagrees with the assessment, counties are encouraged to contact the LHCP and clarify their diagnosis.

County officials may now accept modified SOC 873 forms submitted through electronic medical record systems. Examples include discharge papers and other medical documentation that can substantiate a recipient’s need for the IHSS program.

However, modifications to SOC 821 (Protective Supervision Assessment) and SOC 321 (Paramedical Services Request) are prohibited. Original state-sanctioned versions must be used. County welfare departments (CWDs) must assist applicants/recipients in submitting original SOC 821 and SOC 321 forms as soon as possible.

Providers cannot charge applicants for completing forms affirming eligibility for public benefits like IHSS. If this practice is reported, the county must inform applicants of their rights and prevent illegal charges.  (ACL 24-89, November 26, 2024.)

CalFresh Minimum Nutrition Benefits pilot

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The CalFresh Minimum Nutrition Pilot (MNP) will provide 12 months of state funded food assistance to eligible households receiving less than sixty dollars ($60) from CalFresh or California Food Assistance Program (CFAP). Eligible households will receive no less than sixty dollars when the MNP benefit is combined with either CalFresh or CFAP.  The implementation will occur when  automation is complete in the California Statewide Automated Welfare System. When MNB starts, it will be subject to available funding. Households that are eligible for this program are:

  • Meeting the Elderly Simplified Application Project,
  • Receiving monthly food benefits of less than sixty dollars, and
  • Having two or more CalFresh eligible members in the household.

To participate in the MNB program, households must be already receiving CalFresh or have a pending application approved with a set beginning date of aid on or before the MNB start date. Households getting less than sixty dollars due to repaying a CalFresh overissuance will be eligible for MNB and the overissuance reduction will be deducted from their final benefit amount. Households that are not eligible for MNB are:

  • Households that apply to CalFresh after the MNB start date,
  • If the household receives more than sixty dollars of benefits, but that amount is reduced to less than sixty dollars because of grant adjustment to recoup an overissuance,
  • Households in the Supplemental Nutrition Benefit program.

Once a household is eligible for MNB, they will have it for 12 months after the start date unless they lose access for any of these reasons: household is no longer eligible for CalFresh, household no longer has at least 2 CalFresh eligible members, and if they no longer qualify for ESAP. If the household has a CalFresh allotment of over $60, but that allotment is reduced because of overissuance recoupment, the households will not be eligible for MNB because full benefits from CalFresh have been put at $60.

Households that lose eligibility will lose the benefit in the next month following a timely notice. Households that lose eligibility for MNB but get it back without a break in aid they will be able to continue with the program. However, if they are discontinued from CalFresh and there is a break in aid before they can re-apply, they will not be able regain access to MNB. If the county determines that a household is eligible for more than sixty dollars through CalFresh, they will be ineligible for the MNB program and the county will correct the amount of CalFresh benefits they receive while removing them from the MNB program.

Counties may not use MNB benefits to repay CalFresh overissuance. If the county finds an error in CalFresh calculations, or there is an error in the MNB program, the county will have to re-calculate and determine the MNB amount. Any MNB errors must be corrected no later than June 30, 2026.

MNB benefits will be automatically transferred into the person’s EBT card. The person can use the funds in the same way as CalFresh and CFAP, including restaurant meal plan and market match. The county will provide forms for when a person is approved for MNB that are required to be filled out. The county will also provide a notice if services are discontinued from MNB. If there is a request for hearing, MNB benefits will not continue until there is a decision in the hearing.  (ACL 25-01, January 8, 2025.)