Author: Stephen Goldberg

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.)

Non-work Social Security Number request form for CalWORKs, CalFresh and CFAP

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The California Department of Social Services (CDSS) has issued a new form to use when helping non-citizens get a Social Security Number (SSN).

CalWORKs applicants must have a SSN or or submit verification of their request for a SSN within 30 days of the date of application.  Counties must assist individuals in this process.  If the applicant cannot submit an application for a SSN because necessary documentation is not available, the county must determine if good cause exists.

Social Security will accept the new Non-Work Social Security Number Request Form (GEN 2101).  A wet signature of an authorized county management official or designee is required.  Counties can develop their own form, but only the GEN 2101 has been approved by the Social Security Administration.

For CalFresh, households must provide the SSN of each household member pr must provide verification of application for a SSN prior to certification.  A non-work SSN satisfies this requirement.  Counties may grant good cause for failure or refusal to comply with this requirement.  Household members granted good cause are eligible for one month after the month of application.  After that, good cause must be shown monthly.  Counties must assist in obtaining verification of good cause.  Delays because of illness, temporary absence or lack of transportation are not good cause.

The California Food Assistance Program (CFAP) uses the same rules as CalFresh except that trafficking victims, crime victims, and domestic violence survivors are not required to have a SSN.  When CFAP is expanded to all individuals over age 55 regardless of immigration status, applicants who do not have a SSN will be evaluated for eligibility based on all other criteria.  (ACL 24-44, June 26, 2024.)

Forms and notices for CalWORKs Family Reunification grants

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The California Department of Social Services (CDSS) has released new forms and notices for the CalWORKs Family Reunification benefit.  The CalWORKs Family Reunification benefit provides up to six months of cash aid and child care as part of a child welfare services reunification plan.

CDSS states that families will be eligible for a Family Reunification cash grant when automation is complete.  (ACL 24-48, July 2, 2024.)

CalFresh work rules verbal script

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The CalFresh Work Rules Oral Script provides guidelines for county welfare departments (CWDs) to explain work rules to CalFresh recipients. Section 1 provides information on CalFresh Work rules which may vary by household. Section 2 only applies to households with a work registrant. The section communicates CalFresh work rules and how to receive CalFresh benefits. Section 3 only applies to households with able-bodied adults without dependents (ABAWD). The section communicates the work requirements for ABAWD’s including exemptions, punishments for non-compliance, and the process to regain CalFresh benefits within a 3 year period. Section 4 only applies to households if the county provides an employment and training program (E&T). The section provides information on the E&T voluntary program and must be introduced by CWD’s to household members considered work registrants. Section 5 is for questions raised during the oral explanation.

California currently has a waiver of the ABAWD rules, which means that, except for work registration, none of the ABAWD rules currently apply in California.  However, CWDs are still  required by federal regulation to provide a written and oral explanation of CalFresh work rules to eligible members. After submitting a CalFresh application, applicants are automatically registered for CalFresh work requirements. CalFresh work rules must be followed to ensure benefits are not decreased or stopped.

CDSS’ CalFresh work rules script explains the ABAWD rules.  CalFresh recipients are required to work at least 30 hours a week and cannot decrease hours worked unless they have a valid reason. Examples include being sick, caring for a child younger than 12 years old, working in unreasonable conditions, or physically being unable to work.

Recipients are excused from CalFresh work rules if they are:

  1. Under 16 years old or over 60, or
  2. Taking care of a child that is under 6 years old, or
  3. Taking care of someone with a disability, or
  4. Getting or applying for unemployment or disability benefits, or
  5. Going to school or a training program, or
  6. Meeting work rules for another program like CalWORKS, or
  7. Attending a drug abuse treatment program.

The first violation of CalFresh work rules results in a 1-month suspension of benefits. The second violation results in a 3-month suspension. A third violation results in a 6-month suspension of benefits. Once benefits are suspended, applicants must reapply and meet or be excused from the work rules to access benefits.

. ABAWD work requirements apply to people between the ages of 18 and 52 who don’t live with children under 18 years old and are physically and mentally able to work. Adhering to ABAWD work requirements allows recipients to keep CalFresh benefits for longer than three months in a three-year period. In order to maintain benefits, ABAWDs must work, volunteer, or participate in employment and training activities for at least 20 hours per week or 80 hours per month. Examples of work activities include a job, workfare, community service, volunteer work, or joining a training program. If ABAWDs begin working below 20 hours per week/80 hours per month, the county must be notified within 10 days. ABAWDs are exempt from work requirements in the following scenarios:

  1. Struggling with mental and physical health issues
  2. Experiencing homelessness
  3. Struggling with drug and alcohol problems
  4. Victims of domestic violence
  5. Living with a child under 18
  6. Pregnant
  7. Veteran
  8. Under 28 years old and were in foster care on their 18th birthday

If CalFresh recipients do not meet ABAWD work requirements for 3 months, they will lose benefits until the end of the 3-year period. To get CalFresh benefits again, recipients must reapply and meet or be excused from ABAWD work requirements.

If the county CalFresh recipients reside in has an employment and training program, CWDs are required to explain the program. The CalFresh employment and training program (E&T) helps recipients find and train for jobs. The program is voluntary and covers costs like transportation, childcare, tools, books, uniforms, and personal safety items. CalFresh recipients are not required to participate in the program to receive benefits.

After CWDs finish explaining the CalFresh work rules, recipients will be mailed all of the information discussed.  (ACL 24-42, June 14, 2024.)