CalFresh / SNAP

Disability and domestic violence questions computer system flags

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The California Department of Social Services (CDSS) has issued directions regarding AB 2030.  AB 2030 requires CDSS to include in any amendments or revisions to standard application or semi-annual reporting forms after January 1, 2019 that allow applicants or recipients to disclose disabilities, the need for reasonable accommodations because of a disability and any experiences of domestic violence. 

CDSS states that initial application forms and semiannual report will capture the need for reasonable accommodations the next time they are revised.

The current welfare computer system vary in how they flag reasonable accommodations.  CalWIN has an icon for disability accommodations that is displayed in the upper-right side of the “Display Individual Demographics Summary” window.  CalACES North (formerly known as C-IV) can flag cases with an indicator type that county users can select (special accommodations, special circumstances etc.)  CalACES South (formerly known as LRS) allows any county user with access to falg a case to alert the first point of contact.  These flags are identified by a banner at the top of every page.  (ACL 19-13, February 21, 2019.)

Febraury 2019 early CalFresh issuance

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CDSS is issuing CalFresh benefits for February 2019 early between January 16 and January 20.  This early issuance is required because, as a result of the federal government shutdown, there is no appropriation to fund the Supplemental Nutrition Assistance Program (SNAP)  after January 20.

Counties must provide client notice as they would for a mass change.  This includes county websites, posters, press and social media.  There is no individual household noticing requirement.  However, counties are encouraged to contact individual households as feasible using communication channels such as text messaging, email and phone messges.

Most clients will receive their benefits between January 16 and 20.  However, some clients will receive benefits on their normal issuance date if they are eligible and federal reserve funds are available.  These clients are 1) current clients who have a report due in January but the report is received and processed after the early issuance but before the end of January; 2) current clients who have a report due in January and whose eligibility is determined after the end of January; 3) News client determined eligible after the early issuance is completed and 4) New clients who apply on or after February 1.  CDSS estimates that about $86 million in benefits is associated with cases which will not be completed by January 20 because reports have not been submitted or case processing is not completed.

Without a new appropriate for the United States Department of Agriculture either by resolution of the federal government shutdown or by enactment of separate legislation appropriating funds for the SNAP program, there is insufficient federal funding for March benefits.  (All County Welfare Directors Letter, January 11, 2019.)

SOGI self-identification

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The California Department of Social Services has issued instructions implementing voluntary self-identification of sexual orientation and gender identity (SOGI).  Although counties must ask about SOGI, applicant or recipient responses are voluntary.  CDSS has created form CW 2223 for this purpose.  Counties must use the CW 2223 for applications and redetermination/recertifications.  All primary caretaker relatives, including minor parents/caretaker relatives, who elect to disclose this information complete their own CW 2223 form.  Applicants and recipients must be given the opportunity to complete the form regardless of whether the application or redetermination/recertification is done by phone, in person or on line.  For example, if the interview is done by phone, the form should be mailed to the client.

The CW 2223 is not programmed into the county computer systems.  The letter contains instructions for how county workers need to enter the information into the computer systems. 

For CAPI only cases, the CAPI application includes optional SOGI questions so the CW 2223 form does not need to be used.

Counties should do periodic training of front line staff on SOGI sensitivity and best practices.  According to CDSS, some best practices include explaining why the questions are being asked and that the responses are confidential, and using gender-neutral language such as partner or significant other.  (ACL 18-133, November 8, 2018.)

ABAWD 15% exemptions

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The California Department of Social Services (CDSS) has issued instructions regarding allocation and use of the 15% exemptions for counties implementing the Able Bodied Adults Without Dependants (ABAWD) requirement.

The ABAWD requirements is that able bodied persons age 18 to 49 are eligible for CalFresh for only 3 full months in a 36 month period unless they are exempt or satisfying work requirements.  Federal law gives each state individual exemptions equal to 15% of its annual caseload.  These exemptions allow counties to extend CalFresh eligibility to ABAWDs who would otherwise be ineligible.  Each exemption is equal to one full month of CalFresh eligibility for one ABAWD.

The 15% exemptions are only available to persons at risk of losing CalFresh benefits for not satisfying work requirements.  California has established equivalent exemptions for persons receiving California Food Assistance Program benefits.  People serving a sanction are ineligible for a 15% exemption.

For the period September 1, 2018 to August 31, 2019, San Francisco, Santa Clara and San Mateo counties are subject to the ABAWD requirement.  The ABAWD requirement is implemented by first assessing persons subject to the ABAWD requirement and screening for exemptions, second engaging ABAWDs to find additional work or participate in qualifying work activities, then third providing 15% exemption to maintain food assistance.

For fiscal year 2018, California has 866,894 15% exemptions including exemptions carried over from prior years.  (ACIN I-72-18, October 30, 2018.)

Guidance on discrimination complaint summary investigation letters

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The California Department of Social Services (CDSS) has issued instructions the content of letters from county civil rights coordinators that provide the county’s determination of complaints following their investigations.  An applicant for or recipient of benefits or services from a CDSS program can file a civil rights complaint with the county welfare department if they believe they have been discriminated against in violation of federal or state anti-discrimination laws.  An applicant or recipient has the right to appeal a county determination of a civil rights complaint to the CDSS Civil Rights Bureau.  The letters provided to complaintants provide a brief summary of the allegations and the reasons for the County’s determination. This is necessary to give the complaintant sufficient information to understand the basis for the decision, decide whether to appeal to CDSS and to present meaningful argument on appeal.

The County summary letter must contain: 1) a clear statement of the allegations, include the complaintant’s allegations of what happened, and on what basis discrimination is alleged; 2) The case specific facts that the county relied on to make its determination; and 3) the reasons for the County’s determination.

Any statements that the investigators attribute to the complaintant must be included verbatim in the summary letter.

Counties must include a draft of the summary letter to the complaintant with the final investigation report that is forwarded to CDSS for review.  The County must wait for CDSS’ approval before providing the summary letter to the claimant.  (ACL 18-111, September 10, 2018.)

Statute of Limitations for collection of CalFresh overissuances

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The California Department of Social Services (CDSS) has issued instructions implementing the settlement agreement in Brown and Espinosa-Tapia v. Lightbourne.   Counties can now collect administrative error and inadvertent household error overissuances going back only three years from the date of discovery of the overissuance.

CDSS’ prior policy authorized collection going back up to six years from the date of discovery of the overissuance.  The change is only prospective and does not apply to overissuance claims established prior to the date of this letter.  (ACL 18-99, September 14, 2018.)