Author: Stephen Goldberg

Instructions on interpreter services and confidentiality agreement

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THIS ACL IS SUPERCEEDED BY ACL 24-68, SUMMARIZED HERE

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.)

CalFresh flexible interview scheduling and Medi-Cal dual enrollment

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Counties were initially required to implement flexible interview scheduling for CalFresh no later than July 1, 2021.  See ACL 21-24, summarized here.  That deadline was extended to January 1, 2022.  By January 1, 2022, counties must one of these interview scheduling methods: time block interviews, telephonic contact in conjunction with written communication about scheduling an interview, and same day interviews.

Counties were required to implement CalFresh/MediCal dual enrollment by January 1, 2022.  See ACL 21-52, summarized here.  That deadline has been extended to January 1, 2023.  (ACL 21-150, December 31, 2021.)

Limit on collection of CalWORKs overpayments of less than $250

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Effective July 1, 2019, the threshold for collection of CalWORKs overpayments from people no longer receiving CalWORKs increased from $35 to $250.  Counties cannot demand collection of non-fraudulent overpayments totaling less than $250.

The California Department of Social Services has issued guidance that debt collection cannot occur for administrative error or client error CalWORKs overpayments of less $250.  The collectable limit for Intentional Program Violations has not changed.  (ACL 21-124, November 4, 2021.)

Foster Care new expectant parent payment

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Beginning January 1, 2022, pregnant minors and nonminor dependents will be entitled to a payment made directly to them starting in the seventh month of pregnancy.  This payment is available to pregnant minors and nonminor dependents who receive AFDC-Foster Care or Adult Relative Caregiver benefits.

Prior to automation, this payment will be issued as a lump sum of $2,700.  When automation is finalized, an amount equal to the home-based foster care infant supplement will be paid monthly for the final three months of pregnancy.  Payments will not be automated until at least July 1, 2023.

The pregnant child or nonminor dependent cannot be required to submit any accounting or receipts to show how the funds are spent.  All items bought with these funds are property of the child or nonminor dependent and go with them when they change facility or age out.

Expectant parent payments are not available for children in the Adoption Assistance Program or the KinGAP program.

The expectant parent payment cannot be prorated and overpayments cannot be established or collected.  If the pregnancy is not identified before the seventh month, the child or nonminor dependent must still receive the entire three months of payment.

Counties should establish procedures for identifying and enrolling eligible children and nonminor dependents.  Counties should also identify opportunities in which case management workers can share information about this benefit.

Counties should request verification of pregnancy from a qualified medical professional.  (ACL 21-123, October 8, 2021.)

CalWORKs Housing Support Program funding and rules changes

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The CalWORKs Housing Support Program (HSP) is intended to foster housing stability for families experiencing or at-risk of homelessness in the CalWORKs program.  All CalWORKs recipient families are eligible for the HSP.  HSP eligibility now includes families in CalWORKs who are at-risk of homelessness including recipients who have not yet received an eviction notice, and for whom housing instability would be a barrier to self-sufficiency or child well-being.

In general, homeless for purposes of HSP means either 1) an individual or family who lacks a fixed, regular, and adequate nighttime residence, 2) An individual or family who will imminently lose their primary nighttime residence, 3) Any individual or family who is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual or a family member, has no other housing and lacks resources to obtain other housing.

For the purposes of HSP, a person is defined as at-risk of homelessness when they are experiencing housing instability, including recipients who have not yet received an eviction notice, and for whom housing instability would be a barrier to self-sufficiency or child well-being; have no subsequent permanent residence secured; and lack resources to secure subsequent permanent housing.  Families must be allowed to self-attest that they are at-risk of homelessness.

HSP provides rapid rehousing service, which includes housing identification, rent and move-in assistance, and case management.  HSP can also provide homelessness prevention assistance, which includes payment rent or utility arrears, late fee payments, first month rent and/or security deposit, landlord mediation, repairs, habitability/accessibility improvements, and housing navigation.  Counties are encouraged to limit their spending on homelessness prevention assistance to no more than 30 percent of their HSP allocation.

HSP must operate in accordance with the United States Department of Housing and Urban Development Housing First principles.  This means that individuals should be connected to housing or housing support without preconditions, services must be voluntary, client choice must be respected, and client cannot be rejected on the basis of income, past evictions, substance abuse, or any other behavior that might indicate a lack of housing readiness.

HSP should assist participants who are behind in rent with accessing ERAP funds before using Home Safe funds to pay back rent.  This is not requirement for Home Safe eligibility, but is a requirement to use ERAP funds before Home Safe funds for rental assistance.  If ERAP rent relief would not prevent a loss of housing and the family is eligible for HSP, then HSP funds can be utilized to keep the family housed, including by covering arrears to prevent a loss of housing.  (ACWDL, December 13, 2021.)