California requires all Adoption Facilitators to register with the CDSS. (Adoption facilitators put birth mothers in touch with prospective adoptive parents, and are to disclose that they are not adoption agencies.) This ACL discusses the standards for registration, which involves an application and Live Scan. The letter discusses the complaint process, and lists the “no no’s” for facilitators (can’t advertise or photograph children, have even momentary custody of the child to be adopted, or mislead parties that the facilitator is an adoption agency.) [Download]
Summaries of select CalWORKs, CalFresh, Health and Housing Regulations
Author: Webdog
ACL 08-10: Title IV-E Foster Care Overpayment And Collections (3/21/08)
HHS told CDSS it was out of compliance with the Improper Payments Information Act (IPIA) (read “overpayments”) of 2002 and that the state’s practice of repaying the federal share of overpayments only upon collection is not acceptable. (CDSS initially issued ACL 06-48 on this issue, and counties were directed to identify and track all federal foster care and adoption assistance overpayments beginning October 1, 2006, and ACIN I-60-07identifies best practice guidelines.) To ensure state and county compliance with federal reporting requirements for Title IV-E overpayments, several sections of the Welfare and Institutions Code were amended. This letter reviews those changes.
The letter clarifies collection against foster family homes, relative homes, non-related extended family members and legal guardians. The recovery of these overpayment funds must be done in a way that does not jeopardize the overall availability of placements for foster or adoptive children, as well as to act in the best interests of the foster or adoptive child. In addition to identifying the conditions under which a county should not collect an overpayment, and providing examples, the letter reviews the types of costs counties should consider when determining the cost effectiveness of collecting overpayments. Due process for providers will now be through the use of both informal and formal hearings rather than a review. [Download]
ACIN I-21-08: Child Abuse Central Index (CAPI) Grievance Hearing Instructions (3/16/08)
The Gomez v. Saenz lawsuit settlement provided individuals with the opportunity to challenge their listing on the Child Abuse Central Index (CACI), and created grievance hearing procedures for this purpose. This ACIN lists the new grievance hearing requirements, pending approval of the regulations on this issue. It covers advising individuals of their right to the hearing and the process, the nature of the request form, scheduling of the hearing, and how the hearing will be conducted. [Download]
ACIN I-18-08: IHSS-Residual Eligibility For Non-Citizens (3/12/08)
Instructions for determining if non-citizens who are not eligible for the Personal Care Services Program (PCSP) or the In-Home Supportive Services Plus Waiver (IPW) program due to their immigration status, meet the immigration status requirements for the In-Home Supportive Services-Residual (IHSS-R) program. To be eligible for PCSP or IPW, an individual must be eligible for full scope FFP Medi-Cal, as determined by the California Department of Health Care Services.
Welfare and Institutions Code Section 12305.6 states that non-citizens who would be eligible for SSI/SSP, but for the provisions of welfare reform, continue to be eligible for IHSS-R. This means that any non-citizen who was lawfully admitted for permanent residence (LAPR) or considered to be Permanently Residing Under Color of Law (PRUCOL) meets the immigration status criteria for SSI/SSP eligibility, and is potentially eligible for IHSS-R. The PRUCOL categories and verification requirements can be found in 20 CFR 416.1618 (see Attachment B). This is regardless of entry date or length of U.S. residence. This includes Conditional entrants, people with withholding of deportation, Refugees, Asylees. In addition, Senate Bill 1569 (Chapter 672, Statutes of 2006) made certain victims of human trafficking, domestic violence and other serious crimes potentially eligible for IHSS-R. Refer to All-County Letter (ACL) 06-60 for detailed instructions on this non-citizen category.
“It should be noted that PRUCOL is no longer recognized by the U.S. Citizenship and Immigration Service (CIS), formerly the Immigration and Naturalization Service (INS), so SSI/SSP PRUCOL category found at 20 CFR 416.1618 (b)(17) can rarely be used because CIS will no longer verify the defined situation.” [Download]
ACIN I-17-08: CalWORKs Program Hours Of Operations (3/3/08)
Just a reminder that the welfare offices have to to ensure that individuals can apply for and receive aid, including emergency benefits, when counties close their offices during regular office hours. (This was litigated in Blanco v. Anderson in 1995, in an order that also affected the Food Stamp and MediCal programs. However, this letter addresses CalWORKs only.) The county must provide a way to get applications and turn them in during an 8 hour/5 days a week period, and can use drop boxes or phone access. Additionally, the offices must post info on applications, alternative resources, and office hours. [Download]
ACIN I-12-08: Implementation Of New Readoption Provisions For Intercountry Adoptions (2/25/08)
Senate Bill 1393 amended Family Code Section 8919 to include specific requirements that must be met in order for a a California Superior Court to issue a final readoption order. (Readoption is the process of completing a second adoption in California after a foreign born child has been adopted in a foreign country by California residents.) Currently, readoption in California is not mandatory by California law, but may be required by the federal government for immigration purposes.
The bill also establishes alternative requirements for readoption when the original adoption occurred in a country whose adoption laws have been certified by the California Department of Social Services (CDSS) as meeting or exceeding those of California’s. The countries eligible for certification are: China, Guatemala, Kazakhstan, Russia, and South Korea. The certification process is currently being developed by the CDSS. When these countries have been certified, the state will provide further instructions. A new birth certificate shall be established by the State Registrar upon receipt of a readoption order issued by the Superior Court. [Download]