CalFresh COLA

CDSS has issued the CalFresh cost of living increase for Federal Fiscal Year 2016. Effective October 1, 2015, the maximum CalFresh grants increases to $194 per month for a one person household with similar increases for larger households. The maximum shelter deduction increases to $504. The standard deduction increases to $155 for a one to three person household with similar increases for larger households. The standard utility allowance increases to $385, the limited utility allowance increases to $118 and the telephone utility allowance decreases to $19.

CDSS included a chart of new income eligibility standards, maximum allotments, and deductions. ACIN I-75-15 (9/4/15).

CalFresh fleeing felon and probation violation rules

CDSS has issued new rules about when persons can be disqualified from CalFresh for being a fleeing felon violating a condition of probation and parole. These rules comply with new federal regulations issued at 80 Fed. Reg. 54410. To be considered a fleeing felon and ineligible for CalFresh, a person must have a warrant issued for their arrest that is under the National Crime Information Center (NCIC) code for escape, flight to avoid prosecution or flight-escape. Only warrants with one of those three NCIC codes are a reason to deny or terminate CalFresh benefits.

To be considered violating a condition of probation or parole and be ineligible for CalFresh, there must be a judicial determination that the individual violated a condition of probation or parole. Issuance of a warrant for a violation of probation or parole by itself is not a reason to deny or terminate CalFresh benefits.

In addition, local law enforcement must be actively seeking the individual to enforce a condition of probation or parole. To determine whether law enforcement is actively seeking an individual, the county must contact local law enforcement and ask whether they intend to enforce violation of probation or parole within 30 days. If the answer is no, then the individual is not considered a probation or parole violator. If the answer is yes, the case is held for 30 days to find out if local law enforcement takes action to enforce the probation or parole violation. If no action is taken in 30 days, the individual is not consider a probation or parole violator.

The new rules are effective December 1, 2015. ACL 15-82 (10/14/15).

CalFresh student eligibility

AB 1930 required CDSS to identify and verify participation in programs that are exempt from the rule that students are generally ineligible for CalFresh. CDSS has identified that students enrolled in either a Workforce Innovation and Opportunity Act (WIOA) program or Extended Opportunity Programs and Services (EOPS) program are eligible for CalFresh. CDSS states it is developing a form to verify enrollment in these programs and is continuing to work on identifying other educational programs that are exempt from the CalFresh student rules. ACL 15-70 (9/17/15).

Drought relief programs

CDSS has issued information about drought relief programs. One such program is the Drought Food Assistance Program that provides low income individuals and families with three to five days of food if they live in one of 29 designated counties and are unemployed or underemployed as a result of the drought. Households self-certify and agree that the food received is for personal home use only. The food boxes are distributed by local food banks. Another program is the Drought Water Assistance Program to assist low income households with residential water utility bills in 10 counties. CDSS also distributed a brochure about drought relief programs. ACIN I-62-15 (7/22/15).

CalWORKs and CalFresh verification requests

In response to a request submitted by Legal Services of Northern California in 2009, CDSS has reiterated that counties must assist clients in obtaining information, including assistance in obtaining a Social Security Number and card. CDSS stated that if an application is unable to obtain a Social Security Number and card within 30 days of application, CDSS must evaluate the circumstances for good cause. In addition, CDSS stated that counties cannot require a printout from the Social Security Administration as proof of an applicant’s Social Security Number

CDSS also stated that the CW2200 Request for Verification form is a mandated form and must be used by counties. The CW2200 lists information that an applicant must provide and lists types of proof that an applicant can submit to verify particular information. The CW2200 also states that clients can request help from the county in obtaining verification and that counties can pay costs of obtaining verification when necessary. ACIN I-24-15 (4/13/15) and I-24-15E (5/5/15)

Policy on fraud investigation requests for school records

CDSS has issued a policy about when a county welfare department or fraud investigator can request school records as part of an investigation. Welf. & Inst. Code Section 11484 requires state and local agencies to cooperate with welfare fraud investigations. However, the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. Section 1232g, protects the privacy of student education records.

CDSS stated that because of FERPA, county welfare departments and welfare fraud investigators can only request what is defined as directory information from a school absent written consent from the student’s parents, a court order or a subpena. CDSS directed county welfare department staff and welfare fraud investigators to cease requesting information from schools other than directory information without parental consent, a court order or a subpoena. ACL 15-47 (6/17/15).