Author: Stephen Goldberg

COVID-19 independent adoptions reinstatement of in person requirements

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Effective immediately, all in person requirements related to adoption specialist visits in the Independent Adoption that were waived in ACL 20-56, summarized here, are reinstated.  Remote visits can only occur if the state, county, or city public health department in the geographical area in which the petitioner(s) resides provides direction to halt in person contact and/or shifts back to Stage 1, the petitioner(s) refuses entry due to their own health and safety concerns related to the risk of COVID-19 infection or the petitioner(s), child, or someone else in the household has been exposed to, is experiencing symptoms of, or has tested positive for, COVID-19.

Other flexibilities in ACL 20-56 can continue for the duration of the Governor’s Declared State of Emergency due to COVID-19, unless a future EO or CDSS guidance ends or modifies it sooner.  (ACL 20-92, August 10, 2020.)

COVID-19 resuming in-person requirements for RFA complaint investigations

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In ACL 20-43, summarized here, the California Department of Social Services (CDSS) provided guidance regarding waiver of in-person various requirements for Resource Family Approval (RFA).  In ACL 20-71, summarized here, extended this waiver for investigation of complaints that do not allege serious health and safety risk. In addition, ACL 20-71 authorized other investigation to continue remotely on a case-by-case basis, if the state, county, or local public health department provides direction and/or shifts back to Stage 1, the resource family refuses entry because of their COVID-19 related concerns, or the resource family, child, or someone else in the household is experiencing symptoms of or has tested positive for COVID-19.

CDSS has now extended the waiver in ACL 20-43, as modified in ACL 20-71, for the duration of the Governor’s Declared State of Emergency due to COVID-19, unless further guidance is issued from the Department.  (ACL 20-91, August 7, 2020.)

Puente Projects no longer automatically cause exemption from CalFresh student eligibility rule

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The California Department of Social Services (CDSS) has notified counties that enrollment in a Puente Project program no longer automatically causes students to be exempt from the CalFresh student eligibility rule.

In general, college students are ineligible for CalFresh.  One exception to that rule is if a student is participating in a program to increase student employability.  This includes programs for students with low-income that are operated by state or local government where at least one component of the program is equivalent to a CalFresh Education and Training Component, such as job retention, job search, work experience, vocational training or on-the-job training.

Puente Project programs are designed to improve the college going rate for educationally underrepresented students. There are Puente Project programs at 65 California Community Colleges.  In 2017, in ACL 17-05, CDSS decided that all Puente Project programs were considered programs to increase employability, and as a result, participating students were exempt from the CalFresh student rule.

CDSS has now decided that not all Puente Project programs meet the definition of a program to increase employability.  As a result, students in Puente Project programs are no longer automatically exempt from the CalFresh student rule.  However, individual Puente Project programs can be approved by CDSS on a case-by-case basis if they provide one or more components that is equivalent to a CalFresh Education and Training program.  If the program is approved, then students in the program will be exempt from the CalFresh student rule. Individual Puente Project programs can request approval using a CDSS request form.

Ongoing CalFresh households that include a student who was exempt from the CalFresh student rule because of participation in a Puente Project program must be reassessed for an exemption from the CalFresh student eligibility rule as soon as possible, but no later than the household’s next semi-annual report or recetification. (ACL 20-34, July 26, 2020.)

The California Department of Social Services (CDSS) has notified counties that enrollment in a Puente Project program no longer automatically causes students to be exempt from the CalFresh student eligibility rule.

In general, college students are ineligible for CalFresh.  One exception to that rule is if a student is participating in a program to increase student employability.  This includes programs for students with low-income that are operated by state or local government where at least one component of the program is equivalent to a CalFresh Education and Training Component, such as job retention, job search, work experience, vocational training or on-the-job training.

Puente Project programs are designed to improve the college going rate for educationally underrepresented students. There are Puente Project programs at 65 California Community Colleges.  In 2017, in ACL 17-05, CDSS decided that all Puente Project programs were considered programs to increase employability, and as a result, participating students were exempt from the CalFresh student rule.

CDSS has now decided that not all Puente Project programs meet the definition of a program to increase employability.  As a result, students in Puente Project programs are no longer automatically exempt from the CalFresh student rule.  However, individual Puente Project programs can be approved by CDSS on a case-by-case basis if they provide one or more components that is equivalent to a CalFresh Education and Training program.  If the program is approved, then students in the program will be exempt from the CalFresh student rule. Individual Puente Project programs can request approval using a CDSS request form.

Ongoing CalFresh households that include a student who was exempt from the CalFresh student rule because of participation in a Puente Project program must be reassessed for an exemption from the CalFresh student eligibility rule as soon as possible, but no later than the household’s next semi-annual report or recetification. (ACL 20-34, July 26, 2020.)

Distribution of child support collected by federal tax offset

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Effective May 1, 2020, the California Department of Child Support Services (DCSS) is distributing child support collections from federal tax intercepts in cases where the custodial parent is not currently receiving CalWORKs to the custodial parent.  DCSS states that this has been an option since 2005 but California has not implemented it.  DCSS states that Governor Newsom’s
Executive Order N-52-20 requires it to exercise this option.

Going forward, child support collections from federal tax intercepts will be applied to current support first, which means the collection will be paid to the family first before being applied top government-owed arrears when the family is not currently receiving CalWORKs.  (CSSP Letter 20-05, August 10, 2020.)

COVID-19 CalFresh emergency allotment for August 2020

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California has been approved to issue an emergency allotment of CalFresh for August, 2020.  The emergency allotment will be issued on September 12 to raise each household’s monthly CalFresh allotment to the maximum allowable for the household size.  Per guidance from the Food and Nutrition Service (FNS), households already receiving the maximum allotment are not eligible to receive an emergency allotment.

Moving forward, emergency allotments may be approved by FNS on a month-to-month basis until the Secretary of Health and Human Services rescinds the public health emergency. (ACWDL, August 3, 2020.)

COVID-19 extension of tax intercept suspension

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The California Department of Social Services (CDSS) has extended suspension of state tax intercepts for collection of CalWORKs overpayments and CalFresh overissuances until the end of 2020.

The Food and Nutrition Service extended suspension of submission of CalFresh debts to the Treasury Offset Program for federal tax intercept of CalFresh overpayments until August 6, 2020.  California can ask for another 30-day extension.

Refund requests for federal or state tax intercepts that occurred after March 1, 2020 are not mandatory but may be approved on a case-by-case basis following a request from any individual in the former CalWORKs or CalFresh household who has been impacted by COVID-19.  Any refunded debts will remain outstanding and will be collected when CDSS resumes tax intercepts.  (ACWDL, July 30, 2020.)