CalWORKs

COVID-19 CalWORKs overpayments

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All CalWORKs overpayments established on or after August 1, 2021 for the period April, 2020 to either the end of the COVID-19 state of emergency or June 30, 2022, whichever is earlier, must be classified as administrative error.

Overpayment claims that include any month during the COVID-19 state of emergency must be classified as administrative error, regardless of the cause of the overpayment.  For example, an overpayment from November, 2019 to April, 2020 must be classified as administrative error because one month of the overpayment period is during the COVID-19 state of emergency.

Counties are reminded that unearned income must be paired with earned income for that month to be considered over the Income Reporting Threshold and thus triggering a mid-period reporting obligation.  Counties are also reminded that failure to report a change of address cannot, in and of itself, result in a reduction or termination of aid.  Failure to report an address change cannot be the basis of an overpayment allegation.

These rules also apply to Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crime Victims Assistance Program.  (ACL 21-85, August 5, 2021.)

Funding and rules changes for CDSS housing program

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The Budget Act of 2021 appropriated $795 million for CDSS housing programs and made changes to program rules.

The CalWORKs Housing Support Program is intended to foster housing stability for families experiencing homelessness in the CalWORKs program.  Housing Support Program funds must be used to support projects that follow evidence-based housing interventions, including rapid rehousing.  All state-funded housing program must follow the core components of Housing First.  The Budget Act amended the program to expand eligibility to families at risk of homelessness, including families who have not yet received an eviction notice.

The Bringing Families Home Program provides housing related services to families receiving child welfare services, increase family reunification, and prevent foster care placements.  Funds can be used for evidence-based housing interventions including rapid rehousing, supportive housing and/or subsidies to make rental housing affordable.  The Budget Act amended the program to expand eligibility to families where the living situation cannot accommodate the child or multiple children in the home, and that families at risk of homelessness can include families who have not yet received an eviction notice.  The Budget Act also exempts counties and tribes from the dollar-for-dollar match requirements for one-time funds awarded between July 1, 2021 and June 30, 2024.

The Housing and Disability Advocacy Program provides outreach, case management, disability benefits advocacy, and housing assistance.  The Budget Act amended the program to exempt counties and tribes from the dollar-for-dollar match requirements for one-time funds awarded between July 1, 2021 and June 30, 2024, that individuals at risk of homelessness can include families who have not yet received an eviction notice, and that the interim assistance reimbursement requirement is waived through June 30, 2024.

The Home Safe Program provides housing-related assistance using evidence-based practices for homeless assistance and prevention for persons involved in Adult Protective Services. The Budget Act amended the program to include that persons at risk of homelessness can include families who have not yet received an eviction notice, that persons in the process of Adult Protective Services intake and individuals served through a tribal social services agency who appeal to be eligible for Adult Protective Services, and that counties and tribes from the dollar-for-dollar match requirements for one-time funds awarded between July 1, 2021 and June 30, 2024.

The Budget Act appropriated an additional $150 million to continue Project Roomkey.  (ACWDL July 19, 2021.)

COVID-19 financial support for at-risk families

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The California Department of Social Services (CDSS) has provided information about financial support for eligible at-risk families with child welfare contact during the COVID-19 state of emergency.  Financial support is up to $600 per eligible household, or up to $1,200 for eligible households with three or more children at risk of entering foster care.

Households are eligible if they meet one of the following criteria:

  • Households with a Family Maintenance service component without a subsequent entry into Foster Care.
  • Households with an Emergency Response service component without a subsequent entry into Foster Care.
  • Households with a substantiated ER referral, without an accompanying case opening or entry into FC.
  • Households with an inconclusive ER referral, without an accompanying case opening or entry into FC, where the Structured Decision Making Risk Assessment was considered “high” or “very high.”
  • Probation cases where a child was at “imminent” or “serious” risk of removal or was a candidate for FC.
  • Households where a child was returned for a Trial Home Visit (THV)

All categories include cases identified in May, 2021, and new eligible families identified in June through December, 2021 depending on availability of funds.

County child welfare services agencies will get a list of potentially eligible clients, with instructions for ensuring client eligibility.  County probation departments will give CDSS lists of eligible families.

Prepaid cards will be issued to eligible families.  Open Family Maintenance, Trial Home Visit, Emergency Response cases, probation candidates, and Substantiated Referrals will receive a one-time $600 payment ($1,200 if the family has three or more children at risk of entering Foster Care). Families determined to be at “High” or “Very High” risk with an inconclusive referral will receive a total one-time $300 payment ($600 if the family has three or more children at risk of entering Foster Care).

Families who receive a payment under one eligibility category will not receive a second payment if their case moves to another category.

These funds do not count as income for CalWORKs or CalFresh.

(ACL 21-83, July 21, 2021.)

COVID-19 and CalWORKs Welfare-to-Work

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The California Department of Social Services (CDSS) has provided continued guidance regarding Welfare-to-Work in response to COVID-19.  The Welfare-to-Work flexibilities in ACWDL September 1, 2020 remain in effect until the end of the Governor’s Declared State of Emergency.

Counties can issue blanket good cause from Welfare-to-Work requirements because of COVID-19.  This authority will end when the State of Emergency ends.  At that time, counties should continue using good cause and exemptions for clients experiencing health and economic impacts from COVID-19.

Electronic and telephonic signatures continue to be allowed, and will be an option after the State of Emergency ends.

Counties are encouraged to consider virtual meetings and appointments.  When scheduling appointments with clients, counties should provide as much flexibility as possible, including allowing virtual meetings.

Counties can immediately begin engaging clients in Welfare-to-Work.  This includes sanctions for non-compliance.  This includes review for good cause and exemptions, screening for barriers, and offering appropriate supportive services and barrier removal services.  (ACWDL, July 29, 2021.)

COVID-19 Treatment of Pandemic Emergency Assistance Fund payments in various programs

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The California Department of Social Services has provided guidance regarding treatment of the one-time payment issued to CalWORKs recipients pursuant to the Pandemic Emergency Assistance Fund (PEAF) for CalWORKs, CalFresh and Medi-Cal.  The PEAF payment was a $640 payment to CalWORKs recipients that was issued on July 10, 2021.  PEAF is to assist low income families impacted by COVID-19.

PEAF does not count as income for CalWORKs and CalFresh and does not count as a resource for 12 months after receipt.  Both MAGI and non-MAGI Medi-Cal treat the PEAF payment as a disaster payment which does not count as income.

Families who received the PEAF payment were informed of the payment by phone and email message during the week of July 12, 2021.

The PEAF payment does not tick either the CalWORKs or federal TANF time-on-aid clocks.

The PEAF payment will not impact the amount of the CalWORKs unreimbursed assistance pool for purposes of child support distribution.

Lost PEAF payments can only be replaced if the assistance unit incurs skimming or scamming of their benefits.  (ACL 21-65, July 22, 2021.)

CalWORKs eligibility for fire victims

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The California Department of Social Services (CDSS) reminded counties about CalWORKs regulations and policies for processing applications and documents on behalf of disaster victims and evacuees.  Emergency proclamations have been issued for Siskiyou County because of the Lava Fire, for Plumas and Lassen Counties because of the Beckwith Complex Fire, Plumas County because of the Dixie Fire and Fly Fire, Butte and Lassen Counties because of the Fly Fire, and Alpine County because of the Tamarack Fire.

Some evacuees will apply for CalWORKs in disaster counties or counties other than the county in which they live because of disaster related-relocation.  Many evacuees will not have documentation.  If the applicant and the county make a good faith effort to obtain verification of identity, time on aid, and linking and non-linking conditions of CalWORKs eligibility and are unable to contact the evacuees financial institutions or necessary entities or institutions, the county must accept the evacuee’s statement signed under penalty of perjury.

CalWORKs recipients may be eligible for nonrecurring special needs payments because of emergencies such as damage to or loss of shelter because of fires.  Funds can be used to repair or replace clothing or household equipment, to provide assistance for damage to the home or to pay for interim shelter.  Nonrecurring special needs payments are a maximum of $600 for each incident.  An assistance unit is eligible if it has less than $100 in nonexempt liquid resources.

Federal disaster and emergency assistance, and comparable disaster assistance from state or local governments, and disaster assistance organizations, is exempt from consideration as income or resources.

Counties are encouraged to explore diversion eligibility for fire evacuees.

Fire evacuees are in an emergency and should be evaluated for an immediate need payment.

Because of the disaster, some income that evacuees had will no longer have income that can be reasonably anticipated.

Many evacuees will not be able to access, occupy or sell their property.  The county shall consider the ability to access or sell property and make a good faith effort to obtain needed verification or accept a statement signed under penalty of perjury.

A family is considered temporarily absent from their county if they expect to reunite within one calendar month.  Evacuee recipients can maintain a home in a different county if they intend to return to their home county within four months.

Counties should make a Welfare-to-Work good cause determination for evacuees.  Counties are encouraged to exercise flexibility in this regard.  Counties should determine if an applicant or recipient needs barrier removal services such as mental health services, housing support program, or temporary homeless assistance.  For homeless assistance, disaster is an exception to the once-every-12-month limit. (ACWDL, July 22, 2021 and July 26, 2021.)