CalWORKs

Final Pregnancy and Pregnancy Special Needs Supplement regulation

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The California Department of Social Services (CDSS) has release the final regulations implementing changes to CalWORKs Pregnant Person Only cases and the Pregnancy Special Needs supplement.

The amended regulations make several changes:

  • Pregnant Person Only applicants are eligible to receive CalWORKs aid from the date of application regardless of pregnancy trimester.
  • Pregnant Person only applicants who cannot provide medical verification of pregnancy at the time of application can submit a sworn statement or verbal attestation to temporarily verify the pregnancy and receive cash assistance. Medical verification is required within 30 working days following submittal of the sworn statement or verbal attestation, which can be extended if the applicant is making a good faith effort to obtain medical verification.
  • Participants must report to the county within 30 days of end of their pregnancy not resulting in the live birth of a child.
  • Prior to discontinuing cash aid or the Pregnancy Special Needs supplement, counties must provide information about, and referral to mental health services.
  • Pregnant Person Only applicants and pregnant participants with other eligible children can submit a sworn statement or verbal attestation to issue the Pregnancy Special Needs payment when the medical verification of the pregnancy is not available. Medical verification is required within 30 working days following submittal of the sworn statement or verbal attestation, which can be extended if the applicant is making a good faith effort to obtain medical verification..
  • Increases the monthly Pregnancy Special Needs payment to $100.
  • Allows the use of sworn statement or verbal attestation for pregnant person applicants to be determined apparently eligible for CalWORKs and therefore eligible for temporary homeless assistance. (ACIN I-57-24, November 1, 2024.)

Changes to the Cal-Learn program

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The California Department of Social Services (CDSS) has issued guidance regarding changes to the Cal-Learn program. Cal-Learn is a statewide program for parenting and pregnant teens who are in the California Work Opportunity and Responsibility to Kids (CalWORKs) program. It is aimed at helping them graduate high school or its equivalent and forming healthy families. The program provides intensive case management, supportive services, and bonuses to encourage school attendance and good grades. To be eligible, recipients must be under the age of 19, live with their children, be in high school or an equivalent, and not be in foster care.

As of January 1, 2024, participants in the Cal-Learn program are no longer subject to a noncompliance process and financial sanctions within the program. Cal-Learn participants no longer face $100 sanctions for inadequate school progress or failing to submit report cards.

Exempt or deferred individuals who meet satisfactory progress standards in school are eligible for Cal-Learn bonuses. Participants must submit their report cards within 10 working days of them being released to receive bonuses. There are no changes to the time frame for issuing bonuses.

Participants who are in a situation or crisis that is destabilizing their family are eligible for a Cal-Learn exemption. A participant is experiencing a crisis or situation that destabilizes their family including but not limited to a risk of experiencing homelessness, lack of safety due to domestic violence, untreated or undertreated behavioral/mental needs, and the misuse of controlled substances or alcohol can now request a Cal-Learn exemption. Counties must accept a sworn statement as verification for exemptions. Cal-Learn exemptions must now be subject to annual redetermination, or only if the participant requested it earlier. Only deferred participants are entitled to continued case management while neither deferred nor exempt individuals qualify for Cal-Learn supportive services.

When a participant qualifies for a Cal-Learn exemption due to a situation or crisis destabilizing their family, they are eligible for Family Stabilization (FS), Homeless Assistance (HA), and the Housing Support Program (HSP), as appropriate. A family does not need to be exempt from Cal-Learn to access these programs.

As of January 1, 2024, counties must grant good cause to any Welfare-to-Work participant who is pregnant or parenting, participating in an education activity, and the education activity but who does not provide pregnancy and parenting accommodations in violation of Title IX or California Education Code Sections 66252, 66271.9, or 66281.7. Accommodations include excused absences for pregnancy, childbirth, or attending a child’s medical appointments. A participant’s verbal attestation is sufficient to establish good cause.

Currently, all adults are subject to the 60-month time-on-aid limit with certain exceptions and exemptions, but this does not apply to children. Any month an individual is eligible for, participating in, or exempt from Cal-Learn does not count towards the CalWORKs 60-month time-on-aid limit. This exemption does not apply to 19-year-olds who are eligible but not voluntarily participating in Cal-Learn.  (ACL 24-74, October 25, 2024.)

Use of CDSS interpreter services and confidentiality agreement form

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The California Department of Social Services (CDSS) has issued new guidance and instruction regarding county use of the CR 6181 Interpreter Services Statement and Confidentiality Agreement form.  The CR 6181 must be used when individuals with limited English proficiency use their own verbal interpreter, or when deaf and hard of hearing persons use their own sign language interpreter.

The CR 6181 informs people of the possibility of communication errors when they use their own interpreter.  It also informs that their interpreter may need to interpret sensitive and personal information, and the county cannot guarantee that the client provided interpreter will maintain confidentiality.  The CR 6181 does not replace the GEN 1365 Notice of Language Services form.  Counties must not compel, encourage, or require an applicant/recipient to use their own interpreter, or discourage use of a county provided interpreter.

After a county is informed that an applicant/recipient needs an interpreter, the county must offer free county-provided interpretation at each substantive client contact.  When an applicant/recipient decides to use their own interpreter after being offered a free interpreter, counties must use the CR 6181.  The CR 6181 is consent and a release of information which allows the applicant/recipient to use their own interpreter.

The county must not rely on the client-provided interpreter to help the individual understand or complete the CR 6181.  The county must use a county-provided interpreter for questions about the CR 6181 form.  A new CR 6181 form must be completed if the prior CR 6181 is more than one year old, or the applicant/recipient is using a different interpreter.  The county cannot use the applicant/recipient provided interpreter without a completed CR 6181.

For communication by telephone, counties must accept the CR 6181 by telephonic signature or another form of agreement.

Minors can only be used for interpretation temporarily and only until the county provides an interpreter.  Because use of a minor is temporary, a CR 6181 is not needed when a minor acts as an interpreter.

Counties must inform applicants/recipients of their right to free interpretation.  The county cannot conduct substantive, program related  (ACL 24-68, October 17, 2024.)

 

Housing First guidelines for CDSS housing programs

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The California Department of Social Services (CDSS) has issued guidelines for implementing Housing First Principles for CalWORKs Housing Support Program, Bringing Families Home, Housing and Disability Advocacy Program, and Home Safe.  Counties must design and implement these programs in accordance with Housing First.

Housing First is an evidence-based approach that connects individuals and families experiencing or at risk of homelessness to permanent housing as quickly as possible.  Housing First also offers voluntary supportive services as needed and requested without making housing contingent on participation in supportive services.  Housing First follows the basic principle that everyone is ready for housing, regardless of the complexity or severity of their needs, and stable housing is the foundation for achieving other goals.

Other foundational principals of Housing First include:

  • Social Services and care coordination are key elements of housing stability
  • Housing First promotes flexibility, individualized support, client choice, and autonomy, and is not one size fits all.
  • Housing First operates across the spectrum of housing interventions, and is not limited to one type of program.
  • Supportive services are offered throughout the recipient’s time in the program.

Housing First must be incorporated into all aspects of program design, including written program polices and procedures.  Housing First must be followed throughout the duration of service delivery, not just at enrollment in the program.

Counties must work collaboratively with recipients to develop individualized housing and service plans.

Housing First has eleven core components:

  1. Tenant screen and selection practices must promote accepting applicants regardless of their sobriety, use of substances, completion of treatment, or participation in services.
  2. Applicants are not rejected because of poor credit or financial history, poor or lack of rental history, criminal convictions unrelated to tenancy, or behaviors that indicate a lack of housing readiness.
  3. Counties must accept referrals directly from shelters, street outreach, drop-in centers, and other parts of the crises response system used by people experiencing homelessness.
  4. Supportive Services must emphasize engagement and problem solving over therapeutic goals and service plans that do not have predetermined goals.
  5. Participation in services or program compliance is not a condition of permanent housing tenancy.
  6. Tenants should have a leave that meets all legal requirements.
  7. Using alcohol of drugs, by itself without other lease violations, is not a reason for eviction.
  8. In communities with coordinated assessment and entry systems, eligible tenants should be prioritized on criteria other than first-come-first serve.
  9. Case managers and services coordinators should be trained in actively use evidence-based practices.
  10. Services must be informed by a harm-reduction philosophy.
  11. The project and specific apartment may include special physical features that accommodate disabilities, reduce harm, and promote health, community, and independence.

(ACL 24-88, November 15, 2024.)

Implementation of CalWORKs overpayment discharge policy

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The California Department of Social Services (CDSS) has implemented the CalWORKs overpayment discharge policy.  The policy is stated in ACL 19-102, summarized here, became effective upon automation.  The CalSAWS computer system automated the policy as of May 20, 2024.  Counties must now discharge eligible claims as soon as administratively possible

If county must discharge non-fraudulent CalWORKs overpayments if the case is closed and the individual liable for the CalWORKs overpayment has not received CalWORKs for 36 consecutive months or longer.  For families with tow liable adults, if one adult has not received CalWORKs for 36 consecutive months and the other adult has received CalWORKs in the 36-month period, the overpayment claim cannot be discharged.  However, the county cannot pursue the overpayment from the adult who has not received CalWORKs for 36 consecutive months.

Counties cannot pursue collection of any non-fraudulent overpayments with a balance of $249 or less if the liable individual is no longer receiving CalWORKs.  This includes sending demand letters and tax intercepts.  Overpayment claims under the threshold must be discharged after the CalWORKs case is closed and the liable adult(s) have not received CalWORKs for 36 consecutive months.  If the overpayment claim has more than one liable adult, and one of the liable adults receives CalWORKs in the 36 month period, the county must collect the overpayment by grant adjustment even if it is below the threshold.

If the claim has two liable adults and one of them is repaying the overpayment, the county must suspend collection from all liable adults if the outstanding balance falls below $250.

The county can collect overpayments from active annual reporting/child only (ARCO) cases.  After an ARCO case is closed, the county cannot collect from a child or adult who was unaided.  If the unaided adult in an ARCO case does not reapply for CalWORKs for the same eligible children for 36 consecutive months, the overpayment claim must discharged.

If a child who was previously in an ARCO case receives CalWORKs as part of a different family, any overpayments cannot be attributed to the new family.

Mass overpayments are overpayments caused by the same action or inaction that affects eight percent of the CalWORKs caseload, or 1,000 CalWORKs families, whichever is greater.  Counties must report mass overpayments to CDSS and identify whether they were caused by negligence or systemic error.  Mass overpayments can be discharged, but must be reported to and verified by CDSS.  When the mass overpayment is verified and approved by CDSS, counties must discharge them and refund any collections.

Counties can reach settlements of overpayments with current or former recipients for nonfraudulent overpayments.  The 36-month timeframe cannot be considered when negotiating a settlement.  If a negotiated settlement amount has not been fully recovered after a family’s case has been closed for 36 consecutive months, the outstanding balance must be discharged.

An overpayment claim must be discharged if it is deemed uncollectable by a Bankruptcy Court or another court decision.

The CalWORKs overpayment discharge policy does not apply to overpayments involving fraud or suspected fraud.  Overpayments that have been referred to Special Investigative Units cannot be discharged unless the investigation is inconclusive or finds no evidence to support the fraud allegation.  An intentional program violation can only be determined by an administrative disqualification hearing decision, a signed administrative disqualification hearing waiver, a court decision, or a signed disqualification consent agreement.

These policies apply to Welfare-to-Work supportive services overpayments.

Overpayment claims established prior to December 1, 1996 cannot be discharged.  (ACL 24-84, November 21, 2024.)

 

CalWORKs best practices for supportive services

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All CalWORKs Welfare-to-Work participants are eligible to receive supportive services that are necessary for their Welfare-to-Work activity.  This includes child care, transportation, and ancillary expenses.  Supportive services must be advanced to participants when needed and requested by the participant.  This is to prevent participants from needed to use personal funds to pay for these services.  If supportive services are not available, or have not been advance paid, the participant has good cause for not participating.  However, the time on aid clock continues to tick when participants are in good cause.  For that reason, counties are strongly encouraged to provide supportive services and engage participants in Welfare-to-Work activities as soon as possible.

The California Department of Social Services recommends as a best practice that counties issue transportation and ancillary services at least 10 days prior to the start of the Welfare-to-Work activity, or within 10 days if the county receives the request less than 10 days prior to the start of the activity.  Counties should also use this timeline for notice that a supportive service request is denied, or that additional documentation is needed.

Timelines for other supportive services, including child care, diapers, and the advance standard payment for students, remain unchanged.  (ACIN I-36-24, August 23, 2024.)