CalWORKs Family Reunification

The California Department of Social Service (CDSS) has updated its guidance regarding the implementation of Assembly Bill (AB) 135 which authorized cash aid and child care services for up to six months as a part of the CalWORKs Family Reunification (FR) program. The bill also increased temporary absence for purposes of family reunification to six full months. It established two separate Family Reunification processes: one for cases with cash aid and reunification services, and one for only reunification services.

Once programming in the Statewide Automated Welfare System (SAWS) is complete, individuals who were a part of the CalWORKs Assistance Unit (AU) when their children were temporarily placed in out-of-home care by the Child Welfare Services (CWS) will be eligible for cash grants, child care, and reunification services for up to six months if the following conditions are met: all CalWORKs-eligible children were removed by the county CWS, the AU received CalWORKs cash aid when removed, and the child welfare services agency or court has determined that the services mentioned above are necessary for reunification.

Upon receiving the FR recommendation for cash aid, the CalWORKs worker must start FR services under the plan and continue the cash grant for a maximum of six months. A court order is not needed to start FR. Existing plans that do not have a recommendation for cash aid must be amended before cash aid approval. All members of AU, when eligible children were removed, will remain members of AU and will continue to be aided when the reunification plan comes with cash aid provisions. However, if no parent was aided at the time of the children’s removal then the family is not eligible for any reunification services or cash aid. The only exception is when the parent(s) is WTW-sanctioned.

Under existing FR policy if at least one eligible child remains in the home and the parent is eligible for a cash grant, the parent is not a reunification parent and they are not a reunification family. Once the child placed in out-of-home care is no longer considered temporarily absent they must be removed from the AU and remaining eligible AU members will retain benefits. If one eligible child remains in the home but the remaining AU members become ineligible for cash grants following removal of a child, the remaining people in the home may become an FR family when a reunification plan is authorized. If all children are removed and reunification is not recommended, the family is not eligible for any services.

According to existing policy, a member of the AU can be temporarily absent for one full calendar month and remain eligible for CalWORKs. In the case of FR, a child can be removed from the home for up to six months, with the CWS having the ability to grant good cause extensions. Good cause is limited to the number of days between removal and completion of the reunification plan, and time to complete the reunification plan. Cash aid for FR is limited to a maximum of six months and can’t be extended. When a child is removed the CalWORKs worker must consider the child temporarily absent for up to a month even though a reunification plan hasn’t been established. In the case that a month ends without notification of the necessity of FR, then the case must be discontinued.

While participating in FR, Semi-Annual Reporting (SAR) requirements apply with the reporting cycle remaining unchanged. Cash aid for reunification must stop at the end of the mandatory six-month temporary absence period or earlier if ineligibility is found based on the SAR7. All mandatory and voluntary reporting remains in effect when a reunification case gets cash aid. The county must discontinue FR if the family is found ineligible or if the plan is terminated. Reunification cases receiving only reunification services are subject to a six-month CalWORKs eligibility redetermination when reunification is complete. Failure to submit a SAR7 or complete redetermination results in a discontinuation of aid unless an exemption is provided. If a child is removed or reunification is recommended after discontinuance due to failure to comply with semi-annual reporting, the CalWORKs worker should look for good cause to restore or rescind the case.

Families must be engaged with a County Welfare Department when it is determined that FR is necessary and that children have been removed. To receive cash aid adults must participate in Welfare to Work (WTW) activities unless an exemption has been granted. All WTW sanctions, penalties, and overpayments remain in effect while participating in FR. County Welfare Departments are encouraged to engage with FR parents to assist in curing sanctions through exemptions and good cause.

CalWORKs time on aid remains unchanged.  If a parent reaches their 60-month limit while in FR and they don’t meet extender criteria, then the parent must be removed from the AU. The parents will also not be eligible for any reunification services.

Reunification families experiencing homelessness may also be eligible for certain services including the CalWORKs Temporary Homeless Assistance, the CalWORKs Housing Support Program, and Bringing Families Home. Reunification cases are also eligible for CalFresh benefits to continue. Families in FR are not eligible for cash-linked Medi-Cal and will be re-evaluated for Medi-Cal eligibility and if ineligible should be screened for other programs.  (ACL 23-94, November 7, 2023.)

Changes to CalWORKs student rules

The California Department of Social Services (CDSS) has informed counties about changes to CalWORKs student rules.  These changes modify the student program established by SB 1232, and implemented by ACL 21-04E, summarized here.  CDSS is now calling this program Student Training and Education Program (STEP).  The program includes standard supportive services payments, not needed to complete job search, and welfare-to-work counting three hours of study time for each hour of class time.

The most important change is STEP participants are no longer required to participate in welfare-to-work activities during school breaks.  This includes within terms and between terms, winter and summer breaks, and transfer periods between institutions.  This means that bridging activities and bridging activity plans can no longer be required.  STEP participants can volunteer to participate during breaks and are entitled to supportive services in the same way that all volunteer participants are.

The STEP program now includes non-profit postsecondary institutions in addition to public postsecondary institutions.

Students who are not eligible for STEP must not be enrolled in a Self-Initiated Program instead.

For purposes of STEP, summer sessions are counted as quarters.  This means that full time students in the summer get a $375 standard supportive services payment, and part-time students get a $175 standard supportive services payment.

Counties no longer need to do a welfare-to-work plan for each new academic term.  However, students must have a plan to get supportive services. Counties cannot require a plan prior to advance paying supportive services.

Counties may now calculate a part-time STEP participant’s hours using either academic units or instruction hours.  Whether a student is full-time or part-time is determined by the institution.

STEP participants cannot be required to participate in orientation and appraisal more than once, unless the participant has had a break of at least one year in receiving aid or supportive services.  (ACL 24-32, May 10, 2024.)

Lottery winnings match

The Income and Eligibility and Verification (IEVS) system now a has match with the California Lottery. The system will provide monthly reports of people who received over the maximum allowable resources for a CalFresh or disabled household.

Federal law requires CalFresh households to report substantial lottery and gambling winnings during the certification period within 10 days of receiving the winnings.  Substantial winnings is defined as a cash prize won in a single game, purchase of a ticket, hand or similar bet, which is equal to or greater than the resource limit for CalFresh elderly or disabled households.

The reason for this match is to comply with federal requirements.

When there is a match, counties must review the case information to determine if the household reported the lottery winnings.  Case narration is acceptable as a report of lottery winnings.  If the winnings have not been reported, the county must send a verification letter to the household within 45 days.  If the recipient does not respond to the letter with sufficient information to resolve the discrepancy, the county must discontinue the entire household. A household that is discontinued can reapply at any time, but the household cannot be considered categorically eligible for CalFresh.

For CalWORKs, if the assistance unit must be terminated if the lottery winnings take the household above the current CalWORKs resource limit.  (ACL 24-29, April 24, 2024.)

Verification and eligibility for public benefits for public interest parolees

The California Department of Social Services (CDSS) has issued guidance regarding verification and eligibility for persons paroled into the United States under Immigration and Naturalization Act section 212(d)(5), also known as public interest parolees, when determining eligibility for CalWORKs, CalFresh, California Food Assistance Program (CFAP), Refugee Cash Assistance (RCA), and Entrant Cash Assistance (ECA).

When someone entering the United States is granted parole status at a port of entry or District Office, they are given a DT code.

People who are paroled into the United States are eligible for CalWORKs.  In verifying parole status for CalWORKs, counties must accept documentation showing the DT code and the length of parole, and must not ask for additional verification.  Counties can ask for additional verification or run a SAVE match if the length of parole is unclear.  Counties must review CalWORKs applications received after June 30, 2023 and were denied for failure to provide additional verification of parole status, and retroactively approve aid if the family is otherwise eligible.  When the recipient’s parole term expires, counties must evaluate whether the family meets another eligible noncitizen category.

Office of Refugee Resettlement eligible parolees are eligible for RCA or ECA if they meet all other program eligibility requirements.  Any CalWORKs applicant with a DT code who is found ineligible for CalWORKs should be evaluated for RCA and ECA. Counties must review RCA applications received after June 30, 2023 and were denied for failure to provide additional verification of parole status, and retroactively approve aid if the family is otherwise eligible.

To be eligible for CalFresh, a parolee must have a duration of parole into the United States of at least one year, and must have been in the United States for 5 years.

To be eligible for CFAP, a parolee must have a duration of parole into the United States of at least one year.  CFAP does not have the 5 year waiting period requirement. (ACL 24-27, April 24, 2024.)

Child Support pass through in former assistance cases

Effective May 1, 2024, all child support collections in cases where the family previously received CalWORKs benefts, including collections assigned to arrears owed to the government for recoupment of CalWORKs benefits, will be paid to the family receiving child support.  This change is not retroactive.  Collections in former assistance cases made before May 1, 2024 can still be retained by the government agency to recoup CalWORKs benefits paid to the family.

Effective May 1, 2024, child support collections that are passed through in cases where the family previously received CalWORKs, will count towards reimbursing the government agency for CalWORKs previously received by the family.  Any child support collected that exceeds the amount of CalWORKs received by the family will be passed through to the family.

Any pass through payments that cannot be delivered to the former aid recipient within six months will be retained by the government agency to recoup CalWORKs that was paid.  The former recipient has 12 months after the payment is used for CalWORKs recoupment to make a claim for that payment.  If the former aid recipient is deceased, collected child support will be used to recoup CalWORKs that was previously paid. (CSSI Letter 24-04, May 1, 2024.)

Changes to CalWORKs recipient financial eligibility test

The California Department of Social Services (CDSS) has issued guidance regarding continuing financial eligibility for CalWORKs recipients.  When a family receiving CalWORKs has an income increase that takes over 130% of the Federal Poverty Level (the Income Reporting Threshold or IRT), they must report that to the county.  This is a report that must be made mid-period when it happens, this is between required semi-annual reports.

Counties must now determine continuing eligibility after an income report of income report determining: 1) whether the income is over the IRT; 2) if it is over the IRT, is it reasonable anticipated to continue; 3) if it is does the income reported, minus any of that income which is exempt from consideration for CalWORKs purposes, is more than the IRT.  If it is, the CalWORKs grant will be recalculated accordingly.  The critical change is subtracting any exempt income before redetermining eligibility and benefit amount.

Families must continue to report when their total gross and unearned income exceeds the IRT, but continuing financial eligibility will be determined after determining if the income is reasonably anticipated to continue, and whether it exceeds the IRT after subtracting exempt income.

This change also applies to Refugee Cash Assistance, Entrant Cash Assistance, and Trafficking and Crime Victim Assistance Program benefits.  (ACL 23-96, December 26, 2023.)