Author: Stephen Goldberg

Return of CalWORKs 60-month time limit

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Effective May 1, 2022, or when automation is complete, whichever is later, adults will be eligible to receive CalWORKs for a maximum of 60 countable months.  The 60-month time limit replaces the current 48-month time limit.  Months that will count toward the 60-month time limit are: all months of CalWORKs received since January, 1998, all months with a special needs payment received, all months of a zero basic grant, all months of CalWORKs immediate need received, all months of diversion payments received, all months of aid received as aid paid pending, all months of CalWORKs received as an overpayment that exceeded the CalWORKs time limit, all months of TANF received from other states since January 1, 1998, and all months of Tribal TANF received since January, 1998.

Months that do not count toward the time-on-aid limit are: months of TANF received in another state between September, 1996 and December 1997, months in which an adult was exempt from CalWORKs welfare-to-work participation, months in which a full-month of a CalWORKs overpayment is repaid, months for which a retroactive disability exemption was granted, months that have not counted toward the time limit because of COVID-19, months in which the adult was not aided because of a sanction.

Adults who reach the federal TANF time limit but who have not reached the CalWORKs time limit will be aided with state funds.

The change in the time-on-aid limit does not change policies about new applications.  An application may be held beyond the 45 day processing deadline if potential eligibility exists within 60 days.  Counties may pend applications if the applicant may be eligible within 60 days because of the time-on-aid limit.

The change in the time-on-aid limit does not change policies about adding new household members.  Annual reporting/child only households must report people who become eligible because of the increase to 60 months time-on-aid, the change within 10 days and if the individual must be added to the assistance unit, the new individual must occur by the next month.

For semi-annual reporting households, persons who become mandatorily included members because of the increase in time-on-aid to 60 months must be reported and added to the assistance at the beginning of the next semi-annual reporting period.  People who are living in the household but are not mandatorily included in the assistance unit must complete the CW 8 form to be added to the assistance unit.

A mass informing notice of the change to 60 months time-on-aid must be sent to all CalWORKs recipients at least 90 days prior to implementation.

Adult recipients will receive an informing notice of their time on aid at their 54th and 57th months on aid.

Aided CalWORKs recipients who need child care to work or participate in welfare-to-work activities may receive subsidized child care.  Adults who previously used 48 months of time on aid will potentially have renewed eligibility for Stage One or Stage Two child care.

Adding an adult to an existing assistance unit may increase the family’s CalFresh grant, and CalFresh benefits may be recalculated as a county-initiated action.

For Medi-Cal, individuals who were previously aided under the MAGI or non-MAGI may need to transition to a cash-linked Medi-Cal aid code.  (ACL 20-113, October 28, 2020.)

COVID-19 extended foster care

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The California Department of Social Services (CDSS) has issued guidance regarding flexibility in Extended Foster Care, waivers of age and time limits for Transitional Housing Program-Plus and remote approval of Supervised Independent Living Placements.

Counties must temporarily continue maintenance payments for otherwise eligible non-minor dependents who do not meet any one of five participation criteria: completing secondary education or a program leading to an equivalent credential, enrolled in an institution which provides post-secondary or vocational education, participating in a program designed to promote or remove barriers to employment, employed at least 80 hours per month, or incapable of doing any of these because of a medical condition.

County caseworkers must continue to work with youth to help them to meet one of these participation criteria.

Caseworkers should continue to assist non-minor dependents by review of a previous Transitional Independent Living Plan and helping them to establish goals that meet their needs.

Counties must serve nonminors between age 18 and 21 requesting entry or reentry into extended foster care.  A nonminor’s inability to satisfy participation conditions because of COVID-19 is not a basis to deny entry or reentry into extended foster care because only nonminor’s intent to satisfy at least one participation condition is required.

A placing agency must offer the least-restrictive safe and appropriate available housing for a nonminor upon their entry or reentry into care.

Effective July 1, 2020, counties can complete Supervised Independent Living Placement inspections for non-minor dependents through methods other than in-person visit.

Any county decision to grant, deny, change or terminate payments to a non-minor dependent must be communicated by adequate written notice to the provider and/or non-minor dependent. (ACL 20-112, October 12, 2020.)

Counting homework time for Cell-Ed

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In ACIN I-55-20, summarized here, the California Department of Social Services (CDSS) described its partnership with Cell-Ed to provide distance learning for Welfare-to-Work, CalFresh Education and Training, and Refugee Support Services.  People assigned to Welfare-to-Work, CalFresh Education and Training, and Refugee Support Services may also be assigned supervised or unsupervised homework time.  Cell-Ed coursework homework time hours are considered supervised homework time and can be documented by the case manager.

Cell-Ed recommends for every hour spent on the application, three additional hours of are credited for homework time.  This recommendation depends on a client demonstrating satisfactory progress as defined by the educational provider.  (All County Welfare Directors Letter, October 19, 2020.)

COVID-19 continued extended foster care assistance upon turning age 21

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The California Department of Social Services (CDSS) has issued guidance regarding continued assistance payments and case management for persons who were in extended foster care upon turning age 21 between April 17, 2020 and June 30, 2021.  The California Budget extends assistance payments and case management to all persons in extended foster care upon turning age 21 on or after April 17, 2020 through June 30, 2021.

If a county discontinued assistance payments for persons who were in extended foster care upon turning age 21 between April 17, 2020 and June 30, 2021, the county must make diligent efforts to contact those persons immediately, and no later than 10 days after October 23, 2020. The county must arrange to resume and make retroactive assistance payments if the person was eligible.  These payments must be provided unless the person affirmatively opts out to have the payments discontinued.  If the person did not remain in a provider-based setting after discontinuance, the young adult is ineligible for payment equivalent to the rate for a supervised independent living placement, even if a housing location was not approved.

Persons who were in extended foster care upon turning age 21 and are not receiving extended assistance and support are not in extended foster care and are not nonminor dependents, and therefore do not have participation, housing or placement approval requirements.  Payments may not be terminated because these persons are not participating in employment or education activities, or for living in unapproved housing.

Because these persons are no longer in extended foster care or court dependents, monthly contact visits can occur remotely.  Caseworkers should try to make in-person contact with these persons at least quarterly.

A person receiving assistance after turning age 21 may continue to reside in any type of eligible foster care placement as a client, or the person can receive payment equivalent to the Supervised Independent Placement Living rate.  If a parenting young adult was receiving an infant supplement, the infant supplement must continue to be paid as long as the nondependent child continues to live with the parent.  After a young adult turns 21, a new infant supplement may be approved based on a change in circumstances.  No other types of rate supplements may be newly granted after the young adult turns age 21, but rate supplements granted and in effect when the young adult turns age 21 may continue to the same provider. If a person transitions to other independent housing, they are responsible locating their new housing.  However, caseworkers should provide assistance and support upon request.

Recipients of extended foster care assistance after turning age 21 must be given adequate notice before any county action denying, changing or terminating benefits.  (ACL 20-117, October 23, 2020 and ACL 20-117E, November 2, 2020.)

COVID-19 CalFresh waiver of interview requirements

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The California Department of Social Services (CDSS) is implementing federal waivers of the initial application and recertification interview and face-to-face interview.  These waivers were previously in effect, and are not being reimplemented because of the Continuing Appropriations Act.  These waivers are effective from now until June 30, 2021.  The waivers can be applied to any application pending at the time of the release of the guidance.

Counties must waive the requirement for an interview at initial certification and recertification of eligibility for benefits if the county has verified the identity of the applicant and has completed all mandatory verifications.  Households entitled to expedited service and whose identity is verified within the three-day expedited service timeframe will have their initial interview waived prior to benefit issuance.  If an expedited service household does not provide missing mandatory verification, benefits will be discontinued per existing CDSS policy.

To verify identity counties must accept any readily available documentary evidence which reasonably establishes the applicant’s identity.  If documentary evidence is not readily available, counties may verify identity using collateral contacts.

For other verification, counties should proactively use electronic verification when it is available.

Verification of job loss is not a mandatory verification for CalFresh.  Verification of job loss should be requested only if the job loss is questionable. A client’s statement of job loss is sufficient evidence that the client cannot reasonably anticipate income from that job.

If the county determines that any of the information provided on the application is questionable or incomplete, or the applicant does not complete identity verification or other mandatory verification, then an interview is required.

For households whose interviews cannot be waived, counties may require the household to completed a telephone interview even if they request a face-to-face interview.  (All County Welfare Directors Letter, October 21, 2020.)

COVID-19 child care guidance

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The California Department of Social Services (CDSS) has issued guidance and temporary waivers regarding Stage One Child Care and the Emergency Child Care Bridge Program for Foster Children because of COVID-19.

CalWORKs Stage One child care providers must be reimbursed for the maximum hours of authorized care, regardless of attendance, from July 1, 2020 to June 30, 2021.

Family fees for former CalWORKs recipients receiving Stage One Child Care continue to be waived through June 30, 2021.  Families who were disenrolled, voluntarily or involuntarily, because of inability to pay family fees from July to August, 2020 must be reenrolled without the need for any additional documentation.

Signature requirements for CalWORKs and the Bridge Program continue to be waived for the duration of the statewide emergency declaration.

Counties must reimburse for CalWORKs Stage One Child Care and the Bridge Program during the time school-age children participate in distance learning and are attending their child care program or are being cared for by a child care provider. This is because CDSS does not consider the child to be attending school while participating in distance learning for purposes of child care reimbursement.  (ACWDL, October 2, 2020.)