Author: Stephen Goldberg

COVID-19 CalFresh emergency allotment for January, 2022

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California has been approved to issue an emergency allotment of CalFresh for January, 2022.  All households will receive at least the maximum CalFresh allotment.  Households eligible to receive the maximum allowable allotment based on household size are now eligible to receive an emergency allotment of $95 per month. Households who are not eligible to receive the maximum allowable allotment based on household size, but whose emergency allotment would be less than $95 per month to receive the maximum allotment, will receive additional CalFresh benefits to raise their emergency allotment to the $95 minimum.

The emergency allotment will be issued on February 27, 2022.

Moving forward, emergency allotments may be approved by FNS on a month-to-month basis until the Secretary of Health and Human Services rescinds the public health emergency.  There will be a one-month phase out of emergency allotments after the public health emergency is rescinded.  (ACWDL, January 21, 2022.)

Approved Relative Caregiver benefits eligibility for out-of-state placements

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The Adult Relative Caregiver (ARC) program provides payments on behalf of children and Non-Minor Dependants (NMDs) who are placed with approved relatives, but are not eligible for Aid to Families with Dependent Care-Foster Care payments, and meet other existing eligibility requirements. 

Effective January 1, 2022, ARC payments are available on behalf of children/NMDs in out-of-state placements with relatives when the children/NMDs are not eligible for AFDC-FC.

Homes must be licensed or approved in the receiving state consistent with the requirements of the state in which the home is located. The county placing agency is responsible for contacting the receiving state to determine these requirements. 

This ARC eligibility does not change a foster child or nonminor dependent’s (NMDs) eligibility to receive CalWORKs when placed in another state. If a child is placed in a state where the
host state’s foster care rate is lower than California’s CalWORKs grant for an Assistance Unit of one, then the relative caregiver can opt to receive CalWORKs instead of ARC. Counties should
inform caregivers of the option to receive CalWORKs payments or receive ARC.  (ACL 21-141, December 3, 2021 and ACL 21-141E, February 1, 2022.)

Posted in ARC

Social Security hold on failure to provide information suspensions

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The Social Security Administration (SSA) has temporarily changed its procedures about benefits suspension for failure to provide information.  SSA will be changing its procedures for suspending benefits for failing to provide information.  Until that change is made, SSA will not suspend payments for failure to provide information.  If at any time the recipient provides the requested information, benefits should be processed normally.

For redeterminations and other post-eligibility issues, SSA should exhaust all efforts to obtain the requested information.  If the issue remains unresolved, payments continue until the moratorium on suspending benefits ends.

For continuing disability review cases, SSA will develop the cases but cannot suspend benefits until the moratorium on suspending benefits ends.

The moratorium on suspending benefits will remain in place until further notice.  (EM 21079, December 23, 2021.)

Posted in SSI

Caregiver’s right to access education records

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The California Department of Social Services has provided information regarding caregiver’s access to education records.  Caregivers for youth in foster care now have access to education records, including an approved or licensed foster parents, resource parents, an approved relative or non-relative extended family member, relatives caring for the child, tribally approved homes, foster family agencies and Short-Term Residential Treatment Program staff, even if they are not the child’s education rights holder.

Education rights holders, including caregivers who are sometimes assigned education rights by the courts, a child’s biological parent who retains education rights after their child is placed in foster care, or a person other than the child’s caregiver or biological parent who is appointed by a court to hold education rights, have full access to student records.

Education records inclue records of attendance, discipline, online communication on platforms established by schools for students and parents, and any plan adopted pursuant to federal law.

Child welfare agencies, probation departments, or their designated foster family agency, are required to take all necessary steps to assist the caregiver in obtaining relevant health and education agencies.

Case plans for children in foster care now must include the health and education summary, contact information be redacted when disclosure is a threat to health and safety, an assurance that the placement agency provided the health and education summary to the current caregiver and helped the caregiver in getting needed information for the health and education summary.  (ACL 21-86, August 20, 2021.)

 

Instructions on interpreter services and confidentiality agreement

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County welfare departments must offer free bilingual or interpreter services to all non-English speaking or limited English proficient persons. The California Department of Social Services (CDSS) has issued a new form, the CR 6181, to inform non-English speaking or limited English proficient persons of the risks of using their own interpreter instead of using a free interpreter provided the county.  Counties must use this form when applicants or recipients choose to use their own interpreter after being offer a free interpreter by the county.  The CR 6181 form replaces any county form previously used for this purpose.

The county must ensure that the applicant or recipient and their interpreter have read and understood the CR 6181 form.  The county must provide the CR 6181 form in the applicant or recipient’s primary language (if it has been translated into that language), and provide an interpreter to help with understanding the form.   If the applicant/recipient or their interpreter refuse to sign the form, the county must use a county-provided interpreter or bilingual staff member.

The form must be completed at redetermination, if it was signed over a year previous, or if the applicant/recipient chooses a different interpreter.

For telephone or virtual communication, the county must use a county provided interpreter unless a CR 6181 is already on file.  If there is a CR 6181 on file, the applicant/recipient can use their own interpreter.  If there is not a CR 6181 on file, it was signed over a year previous, or a different interpreter was named on the form, the county must read the form to the applicant/recipient in their primary language age get verbal consent to the risks of using their own interpreter.

The CR 6181 does not replace the GEN 1365 Notice of Language Services which informs individuals of their right to free language assistance services.  Counties are reminded that they must advise clients of their right to a free interpreter, and must provide interpreter services promptly and without delay.  Although clients can use their own interpreter, a county must not compel or encourage them to do so.  A client can use a minor as an interpreter only in extenuating circumstances.  (ACL 21-128, November 12, 2021.)