Author: Stephen Goldberg

Increase in child support disregard for the CalWORKs program

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The California Department of Social Services (CDSS) has issued guidance regarding the increase in the child support disregard for the CalWORKs program.  Effective January 1, 2022, or when the computer systems are programmed, whichever is later, the disregard of current child support will increase from $50 to $100 for one child and $200 for two children.  These payments are not included when determining CalWORKs eligibility and/or grant amounts.

Safety net cases that are exempt from child support assignment will have the first $100 for one child and $200 for two children of collected child support will not included when determining CalWORKs eligibility and/or grant amounts.

Families that receive direct child support payments must report those payments as income, and will have first $100 for one child and $200 for two children not included when determining CalWORKs eligibility and/or grant amounts.

Families with a child that is opted-out of the CalWORKs assistance unit and are directly receiving child support for that child under SB 380 qualify for the $200 disregard because those families have more than one child in the assistance unit.

In determining eligibility for opt-out under SB 380, the amount of child support collected to be eligible is the maximum aid payment for that child plus the $200 disregard.

Counties are required to inform applicants and recipients of this change at least 90 days before implementation, and to inform new applicants at application beginning no later than 30 days prior to implementation.  (ACL 20-115, October 28, 2020.)

End of 24-month CalWORKs time clock

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The California Department of Social Services (CDSS) has issued guidance regarding the end of the 24-month CalWORKs time clock and related welfare-to-work (WTW) changes.  Effective May 1, 2022, or when the computer systems are programmed, whichever is later, the CalWORKs 24 month time clock is repealed.  The California CalWORKs standards will be the only WTW hourly participation requirements and federal standards will no longer be used to determine WTW participation. This means that all WTW activities allowed under California law will be counted at any time during the CalWORKs time on aid clock.

Months where WTW participation is excused for good cause for at least 50% of the hourly participation requirement will not count toward the time on aid clock. Family stabilization services will be available at any point on the WTW time clock.  Self-Initiated Plans will be available at any time during the WTW time on aid clock. Vocational education and job search/job readiness will be allowable activities throughout the time on aid clock.

Counties must notify all clients of these changes as soon as appropriate prior to May 1, 2022.  If after being informed of these changes a client chooses to remain in their existing WTW plan, the client will not need to sign a new WTW plan document.

Starting on the date these changes become effective, no CalWORKs recipient can be sanctioned if they are meeting minimum WTW participation requirements.  This includes clients who are assigned to a compliance plan or a cure plan even if the compliance or cure plan is to meet federal CalWORKs standards.

Recipients in the noncompliance process for failing to meet federal standards at the time these changes become effective must be informed that meeting CalWORKs participation requirements with any allowable activity will end noncompliance.  Counties must inform recipients who are removed from aid because of the 24 month time clock that they can receive aid by meeting CalWORKs participation requirements with any allowable activity  (ACL 20-120, November 13, 2020.)

COVID-19 extension of sick leave for IHSS providers

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The California Department of Social Services (CDSS) has issued information about the extension of two weeks of emergency paid sick leave in the Families First Coronavirus Response Act for In Home Supportive Services (IHSS) and Waiver Personal Care Services (WPCS) providers.  The Consolidated Appropriations Act extends the paid sick leave provisions of the Families First Coronavirus Response Act until March 31, 2020.  An IHSS or WPCS provider may request sick leave once from April 2, 2020 until March 31, 2021 if the provider is unable to work because of one of six listed COVID-19 related reasons.  The extension to March 31, 2021 does not create additional sick leave hours for providers who already used their Families First Coronavirus Response Act emergency sick leave.

Full-time employees (working 40 or more hours per week) are entitled to 80 hours of paid sick leave.  Part-time employees are entitled to the average number of hours that they work over a two-week period.

When a provider needs to take COVID-19 sick leave, they should complete the COVID-19 sick leave form, TEMP 3021 and submit the form to their IHSS county office.  WPCS providers submit the form to the Department of Health Care Services.  (ACL 21-06, January 19, 2021.)

Homelessness prevention programs

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The California Department of Social Services has issued information about various homelessness prevention programs.  CalWORKs diversion is a payment to help the family meet a short term need instead of receiving CalWORKs.  A diversion payment can be used to pay overdue rent to help prevent eviction or homelessness.  If a family accepts a diversion payment and needs to reapply for CalWORKs during a period equivalent to the months of aid a diversion payment would cover, the family must repay the diversion grant or those months count toward the CalWORKs time on aid clock.  Diversion recipients who reapply for CalWORKs are eligible for all housing services available to CalWORKs recipients.

Non-Recurring Short-Term Benefits is a lump sum payment to help address a family’s specific crisis or item of need.  Non-Recurring Short-Term Benefits is for a maximum of four months.  Non-Recurring Short-Term Benefits can be used for any accrued debts or liabilities that may be covered including rent.  There is no limit on the amount of benefits that can be provided. Families may provide sworn statements to document their need.  Counties may accept a verbal statement if the applicant is unable to provide a physical or electronic signature.

Family Stabilization provides intensive case management and services to CalWORKs families facing crisis.  Family Stabilization can be used to pay rent owed and provide additional services including case management, referrals to legal services and credit repair to prevent eviction or homelessness.

Permanent Homeless Assistance is available for families that are eligible for, apparently eligible for or receiving CalWORKs and are at risk of eviction or homelessness.  Permanent Homeless Assistance can pay up to two months back rent to prevent eviction once every 12 months with exceptions.  The monthly rent must be less than 80% of the family’s total monthly income.  Note not included in the letter that alternatively permanent homeless assistance can cover security deposit and first and last month rent.

Disaster Homeless Assistance is available for families that become homeless or are at risk of homelessness because of a state or federally declared natural disaster.  Disaster Homeless Assistance can include 16 days temporary homeless assistance or permanent homeless assistance.

Tribal TANF programs can provide eviction and homelessness prevention services.

CalFresh Employment and Training can provide housing stability services for recipients who are at risk of eviction of homelessness.  Federal reimbursement for subsidized housing is limited to no more than two months per year.

Refugee support services can provide emergency assistance, including housing and utility assistance if they experience job disruption, job loss, or other COVID-19 related challenges.

The Bringing Families Home program can pay overdue or ongoing rent for families experiencing or at imminent risk of homelessness who are involved with the child welfare system in counties that operate the program.  Bringing Families Home can also provide housing navigation, case management, and coordination with additional necessary services including legal services.

The Home Safe Program provides, in participating counties, assistance to persons involved in the Adult Protective Services system who are at risk of imminent homelessness because of elder or dependent adult abuse, neglect, self-neglect, or financial exploitation.  Home Safe Program assistance includes landlord engagement, case management, legal services, eviction protection, short-term financial assistance, heave cleaning and landlord mediation.  (ACWDL, January 14, 2021.)

Modifying CDSS required forms

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The California Department of Social Services (CDSS) states that they have learned that counties have been modifying required forms with proper consent.  Forms that are in the “Required Forms – No Substitute Permitted” category cannot be modified or restructured.  No changers can be made to a required form unless required for a computer system.  Reformatting or restructuring a required form for a computer can only be done with CDSS approval.  If a county wants to modify a required form, the county must submit a written request to CDSS before implementing the proposed changes.  (ACL 21-02, January 4, 2021.)

CAPI nonmedical out-of-home care payment standard

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The California Department of Social Services (CDSS) has released guidance and forms regarding the Cash Assistance Program for Immigrants (CAPI) nonmedical out-of-home care payment standard. The nonmedical out-of-home care payment standard is available to SSI and CAPI recipients who need nonmedical care or supervision and reside in eligible living arrangements.

For minors, qualified living arrangements are: a blind or disabled child who resides in a state licensed nonmedical out-of-home care facility, a disabled child living in the home of a relative or legal guardian/conservator who is not a parent, a blind child living in the household of a relative who is not a parent or legal guardian/conservator, a blind or disabled child living in a certified family home, or a youth who receives extended foster care after age 18 and resides in a licensed/certified foster care home.

For adults, qualified living arrangements are: an aged, blind or disabled individual/couple residing in a state licensed nonmedical out-of-home care facility, an aged, blind or disabled individual/couple living in a Family Home approved by a Family Home Agency acting on behalf of a California Regional Center, or an an aged, blind or disabled individual/couple in the household of a relative, conservator or guardian and receiving nonmedical care and supervision from a relative.

Living arrangements not eligible for nonmedical out-of-home care payment are an adult who owns their residence or has rental liability for their residence, an adult whose ineligible spouse is able and available and lives in the same household, an adult who resides with a non-relative who is not the claimant’s conservator or guardian, an adult who resides in a facility that is not a state licensed or approved Family Home facility, a disabled child living with their parent(s), a blind child attending school or training full time who lives with their parents, or a blind or disabled child who lives in a certified family home, foster family home or unlicensed group home.

CAPI claimants who qualify for both IHSS and nonmedical out-of-home care payment may receive either but not both.

A CAPI recipient eligible for nonmedical out-of-home care living in a licensed facility receives one payment standard.  A CAPI recipient eligible for nonmedical out-of-home care living with a relative, legal guardian or conservator is eligible for a lower payment standard.  (ACL 20-141, December 16, 2020.)