The California Department of Social Services (CDSS) has issued guidance regarding reasonable accommodation for disabilities in the CalFresh program.

Counties must notify all CalFresh applicants, recipients, authorized representatives, and other interested parties, of the right to request reasonable accommodations.  Counties must prominently display posters on nondiscrimination, give printed notices (including having the PUB 13 available in all waiting rooms and reception areas), on websites, and verbally at initial application and recertification.

Counties have an affirmative duty to determine wither a CalFresh applicant/recipient needs additional assistance because of a disability and, if applicable, to provide a disability related accommodation.  This means that, even if an applicant/recipient does not request an accommodation, the county must ask if a CalFresh applicant/recipient needs a reasonable accommodation when the need is obvious or known.  If such disabilities are discovered, the county must assist the individual in self-identifying the disability and/or the appropriate accommodation.  Counties can also identify a possible disability related need by reviewing application or recertification forms.

The county computer systems have a flag that counties must use when an applicant/recipient indicates the need for a disability accommodation and/or the applicant/recipient has disclosed a disability.

Counties must ask the applicant/recipient if they need assistance, but counties cannot ask the applicant/recipient if they have a particular diagnosis or condition.

Counties must offer disability-related assistance if an applicant/recipient identifies as having a disability or if the disability-related need is obvious or known.

If the county notices that an applicant/recipient is having difficulty completing CalFresh eligibility requirements, they must still offer assistance and document it in the case file even if the assistance is not disability-related.

CalFresh applicants/recipients may request a reasonable accommodation at any time in their interaction with the county.  Reasonable accommodation requests can be made in person, by telephone, or in writing by the applicant/recipient or be someone acting on their behalf.  There are no “magic” words to request a reasonable accommodation.  An applicant/recipient does not need to disclose a specific diagnosis or condition to request a reasonable accommodation.  An applicant/recipient can request a reasonable accommodation for another person with whom they are associated.  The county cannot question the need for an accommodation.  The county can ask to clarify the nature of the disability-related need and related accommodation request.

Counties cannot require a particular form to request a reasonable accommodation.  There is no limit on the number of reasonable accommodation request a person may make.   A reasonable accommodation can be considered and granted if a person cannot comply with a program requirement because of a disability.  If the applicant/recipient requests a reasonable accommodation, that accommodation must be provided in all interactions where the need arises.  The county cannot require the person to re-request the accommodation in every interaction.

Counties must document all reasonable accommodation requests and subsequent county actions.  If there is an interactive process, that process must documented in the case file.  The county must document a reasonable accommodation every time it is provided.

Counties must provide annual civil rights training to all of their employees.  Counties must train public contact staff, program managers, and supervisors on hiring and at least annually, on providing reasonable accommodations to persons with disabilities.  (ACL 21-78, June 28, 2021.)

The federal Food and Nutrition Service has granted California’s request for a state-wide waiver of the CalFresh Able Bodied Adults Without Dependents (ABAWD) time limit requirements. The ABAWD waiver is effective from July 1, 2021 to June 30, 2022.

Despite the ABAWD waiver, counties must 1) identify ABAWDs, screen for exemptions, and inform clients of ABAWD rules; 2) track and report work registrant, ABAWD and Employment and Training data; and 3) apply sanction requirements for work registrants who voluntarily quit a job of 30 hours or more per week, which provides weekly earnings equal to or greater than federal minimum wage times 30, or who, without good cause, reduce the number of hours worked to less than 30.  Counties cannot impose a sanction if a CalFresh recipient voluntarily quits a job of less than 30 hours per week.

Individuals who were previously discontinued from CalFresh for failure to meet ABAWD requirements and reapply to CalFresh may be approved for benefits if otherwise eligible. CalFresh Employment and Training and voluntary quit sanctions do not stop when the individual moves to a county with an ABAWD time limit waiver.  (ACL 21-67, June 15, 2021.)

California has been approved to issue an emergency allotment of CalFresh for July, 2021.  All households will receive at least the maximum CalFresh allotment.  Households eligible to receive the maximum allowable allotment based on household size are now eligible to receive an emergency allotment of $95 per month. Households who are not eligible to receive the maximum allowable allotment based on household size, but whose emergency allotment would be less than $95 per month to receive the maximum allotment, will receive additional CalFresh benefits to raise their emergency allotment to the new $95 minimum.

The emergency allotment will be issued on August 8, 2021.

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.  There will be a one-month phase out of emergency allotments after the public health emergency is rescinded.  (ACWDL, June 24, 2021.)

The United States Department of Agriculture Food and Nutrition Service (FNS) has withdrawn the proposed rule revising categorical eligibility for the Supplemental Nutrition Assistance Program (SNAP – CalFresh in California).  FNS reaffirms its longstanding categorical eligibility policy at 7 C.F.R. § 273.2(j).  (RIN 0584-AE62, June 10, 2021.)