Author: Stephen Goldberg

COVID-19 and CalWORKs Welfare-to-Work

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The California Department of Social Services (CDSS) has provided continued guidance regarding Welfare-to-Work in response to COVID-19.  The Welfare-to-Work flexibilities in ACWDL September 1, 2020 remain in effect until the end of the Governor’s Declared State of Emergency.

Counties can issue blanket good cause from Welfare-to-Work requirements because of COVID-19.  This authority will end when the State of Emergency ends.  At that time, counties should continue using good cause and exemptions for clients experiencing health and economic impacts from COVID-19.

Electronic and telephonic signatures continue to be allowed, and will be an option after the State of Emergency ends.

Counties are encouraged to consider virtual meetings and appointments.  When scheduling appointments with clients, counties should provide as much flexibility as possible, including allowing virtual meetings.

Counties can immediately begin engaging clients in Welfare-to-Work.  This includes sanctions for non-compliance.  This includes review for good cause and exemptions, screening for barriers, and offering appropriate supportive services and barrier removal services.  (ACWDL, July 29, 2021.)

Reasonable accommodations the CalFresh programs

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The California Department of Social Services (CDSS) has issued guidance regarding reasonable accommodation for disabilities in the CalFresh program.

Counties must notify all CalFresh applicants, recipients, authorized representatives, and other interested parties, of the right to request reasonable accommodations.  Counties must prominently display posters on nondiscrimination, give printed notices (including having the PUB 13 available in all waiting rooms and reception areas), on websites, and verbally at initial application and recertification.

Counties have an affirmative duty to determine wither a CalFresh applicant/recipient needs additional assistance because of a disability and, if applicable, to provide a disability related accommodation.  This means that, even if an applicant/recipient does not request an accommodation, the county must ask if a CalFresh applicant/recipient needs a reasonable accommodation when the need is obvious or known.  If such disabilities are discovered, the county must assist the individual in self-identifying the disability and/or the appropriate accommodation.  Counties can also identify a possible disability related need by reviewing application or recertification forms.

The county computer systems have a flag that counties must use when an applicant/recipient indicates the need for a disability accommodation and/or the applicant/recipient has disclosed a disability.

Counties must ask the applicant/recipient if they need assistance, but counties cannot ask the applicant/recipient if they have a particular diagnosis or condition.

Counties must offer disability-related assistance if an applicant/recipient identifies as having a disability or if the disability-related need is obvious or known.

If the county notices that an applicant/recipient is having difficulty completing CalFresh eligibility requirements, they must still offer assistance and document it in the case file even if the assistance is not disability-related.

CalFresh applicants/recipients may request a reasonable accommodation at any time in their interaction with the county.  Reasonable accommodation requests can be made in person, by telephone, or in writing by the applicant/recipient or be someone acting on their behalf.  There are no “magic” words to request a reasonable accommodation.  An applicant/recipient does not need to disclose a specific diagnosis or condition to request a reasonable accommodation.  An applicant/recipient can request a reasonable accommodation for another person with whom they are associated.  The county cannot question the need for an accommodation.  The county can ask to clarify the nature of the disability-related need and related accommodation request.

Counties cannot require a particular form to request a reasonable accommodation.  There is no limit on the number of reasonable accommodation request a person may make.   A reasonable accommodation can be considered and granted if a person cannot comply with a program requirement because of a disability.  If the applicant/recipient requests a reasonable accommodation, that accommodation must be provided in all interactions where the need arises.  The county cannot require the person to re-request the accommodation in every interaction.

Counties must document all reasonable accommodation requests and subsequent county actions.  If there is an interactive process, that process must documented in the case file.  The county must document a reasonable accommodation every time it is provided.

Counties must provide annual civil rights training to all of their employees.  Counties must train public contact staff, program managers, and supervisors on hiring and at least annually, on providing reasonable accommodations to persons with disabilities.  (ACL 21-78, June 28, 2021.)

COVID-19 Treatment of Pandemic Emergency Assistance Fund payments in various programs

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The California Department of Social Services has provided guidance regarding treatment of the one-time payment issued to CalWORKs recipients pursuant to the Pandemic Emergency Assistance Fund (PEAF) for CalWORKs, CalFresh and Medi-Cal.  The PEAF payment was a $640 payment to CalWORKs recipients that was issued on July 10, 2021.  PEAF is to assist low income families impacted by COVID-19.

PEAF does not count as income for CalWORKs and CalFresh and does not count as a resource for 12 months after receipt.  Both MAGI and non-MAGI Medi-Cal treat the PEAF payment as a disaster payment which does not count as income.

Families who received the PEAF payment were informed of the payment by phone and email message during the week of July 12, 2021.

The PEAF payment does not tick either the CalWORKs or federal TANF time-on-aid clocks.

The PEAF payment will not impact the amount of the CalWORKs unreimbursed assistance pool for purposes of child support distribution.

Lost PEAF payments can only be replaced if the assistance unit incurs skimming or scamming of their benefits.  (ACL 21-65, July 22, 2021.)

CalWORKs eligibility for fire victims

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The California Department of Social Services (CDSS) reminded counties about CalWORKs regulations and policies for processing applications and documents on behalf of disaster victims and evacuees.  Emergency proclamations have been issued for Siskiyou County because of the Lava Fire, for Plumas and Lassen Counties because of the Beckwith Complex Fire, Plumas County because of the Dixie Fire and Fly Fire, Butte and Lassen Counties because of the Fly Fire, and Alpine County because of the Tamarack Fire.

Some evacuees will apply for CalWORKs in disaster counties or counties other than the county in which they live because of disaster related-relocation.  Many evacuees will not have documentation.  If the applicant and the county make a good faith effort to obtain verification of identity, time on aid, and linking and non-linking conditions of CalWORKs eligibility and are unable to contact the evacuees financial institutions or necessary entities or institutions, the county must accept the evacuee’s statement signed under penalty of perjury.

CalWORKs recipients may be eligible for nonrecurring special needs payments because of emergencies such as damage to or loss of shelter because of fires.  Funds can be used to repair or replace clothing or household equipment, to provide assistance for damage to the home or to pay for interim shelter.  Nonrecurring special needs payments are a maximum of $600 for each incident.  An assistance unit is eligible if it has less than $100 in nonexempt liquid resources.

Federal disaster and emergency assistance, and comparable disaster assistance from state or local governments, and disaster assistance organizations, is exempt from consideration as income or resources.

Counties are encouraged to explore diversion eligibility for fire evacuees.

Fire evacuees are in an emergency and should be evaluated for an immediate need payment.

Because of the disaster, some income that evacuees had will no longer have income that can be reasonably anticipated.

Many evacuees will not be able to access, occupy or sell their property.  The county shall consider the ability to access or sell property and make a good faith effort to obtain needed verification or accept a statement signed under penalty of perjury.

A family is considered temporarily absent from their county if they expect to reunite within one calendar month.  Evacuee recipients can maintain a home in a different county if they intend to return to their home county within four months.

Counties should make a Welfare-to-Work good cause determination for evacuees.  Counties are encouraged to exercise flexibility in this regard.  Counties should determine if an applicant or recipient needs barrier removal services such as mental health services, housing support program, or temporary homeless assistance.  For homeless assistance, disaster is an exception to the once-every-12-month limit. (ACWDL, July 22, 2021 and July 26, 2021.)

Dispositional heaing after 18th birthday and extended foster care eligibility

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An amendment to AB 748 now allows ​​for a child welfare dispositional hearing to occur for a youth who has turned 18 if the youth was a minor at a jurisdictional hearing prior to his or her 18th birthday and was continuously detained. The youth must provide informed consent for the dispositional hearing to take place. The dispositional hearing shall be held within 30 days of the jurisdictional hearing. 

If the 18 year old is adjudicated as a dependent, the youth shall be treated as if they attained 18 years of age while under an order of foster care placement, which will make them eligible for extended foster care.  If the youth chooses not to remain in extended foster care, the court shall set a hearing for termination of jurisdiction within 30 days.  If jurisdiction is terminated, the nonminor may petition the court to resume dependency jurisdiction at any time before turning age 21. (ACL 21-62, June 16, 2021).

COVID-19 updates to IHSS changes

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The California Department of Social Services has provided information about the status of changes to In Home Supportive Services (IHSS) policies because of COVID-19.

Counties should continue to use video-conferencing for IHSS initial assessments when the applicant or someone in the household has been infected with COVID-19, has symptoms of COVID-19, or has been exposed to COVID-19 in the two weeks prior to the initial assessment. Counties may continue to use telephone or videoconferencing for annual reassessments as needed until the end of the State of Emergency in California

Counties may continue to accept self-attestation instead of original signatures on most required forms through September 30, 2021.  Original signatures are required on the SOC 321 for Paramedical Services, the SOC 839 Authorized Representative form, and the SOC 862 Request for Provider Waiver.  Original signatures are required on new forms beginning October 1, 2021.

Counties continue to allow a 45-day good cause extension for submitting the SOC 873 Health Care Certification Form through September 30, 2021.

The current emergency provider backup system for IHSS recipients whose providers cannot work because of COVID-19 is extended to December 31, 2021.

Provider enrollment requirements were waived between April and August, 2021.  Providers who have not yet completed orientation now have until September 30, 2021 to complete orientation.  Provider orientation can be done remotely.

Waiving of presentation and photocopying of original documentation for providers is waived until September 30, 2021.  On or after October 1, 2021, applicant providers must present original documentation verifying identity.

For Quality Assurance/Program Integrity Home Visits, counties should continue to use videoconferencing if when the applicant or someone in the household has been infected with COVID-19, has symptoms of COVID-19, or has been exposed to COVID-19 in the two weeks prior to the initial assessment until the end of the State of Emergency.  (ACL 21-79, July 19, 2021.)