SB 80 (2019) removed the requirement that the 16 days of temporary homeless assistance had to be used on consecutive days. Changes to the welfare computer systems have now been made, and the removal of the requirement that the 16 days of temporary homeless assistance to be used on consecutive days is effective as of October 1, 2020. (ACIN I-83-20, November 17, 2020.)
Summaries of select CalWORKs, CalFresh, Health and Housing Regulations
CalWORKs
Impact of SSA COLA on CalWORKs
The California Department of Social Services (CDSS) informs counties that Social Security recipients will get a 1.3 percent cost of living increase (COLA) effective January, 2021.
For new applicants, the actual amount of Social Security benefits, including the increase, must be used for eligibility and budgeting purposes beginning January, 2021.
For CalWORKs families in the final month of their semi-annual reporting period, counties must reasonably anticipate the increase in the Social Security amount for the upcoming semi-annual reporting period.
Counties must take mid-period action to adjust benefits effective January 1, 2021, for all cases in which Social Security benefits are being used to determine CalWORKs grant amounts. If counties cannot change CalWORKs grants as a result of the increase Social Security payment, they must take action to decrease the grant amount on the first of the month after time, adequate notice can be given. If the calculation results in a decrease in benefits, counties must establish an overpayment. (ACIN I-73-20, October 27, 2020 and ACIN I-73-20E, December 16, 2020.)
COVID-19 civil rights obligations
The California Department of Social Services (CDSS) provides guidance to counties regarding meeting their civil rights obligations in emergency situations. Civil rights laws remain in effect when counties take emergency actions such as closing physical offices to the public, shortening office hours, or requiring staff to work from home.
Counties must provide services and administer programs free of discrimination. During emergencies there can be heightened fear and anxiety leading to increased acts of xenophobia, racism, ableism, transphobia and many other forms of prejudice toward protected classes. Counties should remind their staff to be mindful of the additional stress and anxiety of their clients. CDSS recommends that counties make statements that reaffirm their commitment to civil rights protections both internally among their staff and externally to the public. CDSS also recommends that counties provide refresher trainings to staff on how to provide service in an inclusive, culturally appropriate and sensitive manner.
Counties should remind staff to use the name provided by a person, even if it is different from the name on their record. County staff should not make assumptions about a person’s sex, gender, gender identity and/or sexual orientation based on their name, their gender expression, their spouse or partner’s name, or their voice, and should use gender neutral language to foster an inclusive environment, until and unless the individual has identified their gender.
It is important to remind staff that COVID-19 is not linked to any race or nationality, and that stigmatizing people because of race or nationality is unlawful.
Counties must ensure that clients are notified of and can obtain information about programs or program changes, including changes in response to emergencies such as shortening office hours or increasing availability of phone interviews. Counties must publicize this information in understandable and diverse formats in the threshold languages required by law. Counties must also adopt communication methods that are understandable to people with intellectual, cognitive and psychosocial impairments.
When offices are closed or have shortened hours, office-related activities must continue to meet accessibility and non-discrimination standards.
Services and programs must remain accessible to people with disabilities as counties make changes during an emergency. If a county designates a location for pick up/drop off of applications and forms, it must comply with Americans with Disabilities Act regulations for physical accessibility.
During medical emergencies such as COVID-19, if persons are advised to stay home, counties should ensure live or recorded messages are available in American Sign Language, Teletypewriter, and Telecommunications Device for the Deaf, and include captioning. Counties can also consider designating office hours for people with disabilities or other vulnerable people.
Documents and postings on social media with images should have captions and images should be inclusive and not stigmatize disability.
Counties must continue to provide accommodations for people who have vision, hearing or speech disabilities. Counties must provide auxiliary aids and services when necessary to communicate effectively.
Counties must continue to offer reasonable accommodations to persons with disabilities. This obligation does not end at intake. If a county staff member have actual knowledge of an individual’s disability or an individual’s need for an accommodation is obvious, the staff member must offer to assist the individual in self-identifying the disability and/or appropriate accommodations. County staff should check for disability indicators in the case file prior to contact with the client. Reasonable accommodations must be offered regardless of the method of contact. There is no limit on the amount of reasonable accommodation requests a person may make, and each request must be analyzed individually.
Counties must make sure they have adequate qualified interpreters and qualified translation services to assist Limited English Proficient individuals. Counties must continue to maintain up-to-date lists of bilingual staff and remind staff of how to access these individuals. Counties must also ensure that staff are trained in accessing alternate interpreter resources, including telephonic or video interpretation.
Clients maintain the right to file a discrimination complaint during an emergency or disaster. Counties are reminded of their duty to actively receive and process civil rights complaints. Complaints can be made verbally or in writing. Counties cannot require complainants to complete a form as a condition of filing a complaint. (ACIN I-69-20, November 9, 2020.)
Disqualification consent agreements
The California Department of Social Services (CDSS) has issued guidance to counties about Disqualification Consent Agreements (DCA) and a new form for CalWORKs DCAs. A DCA is a voluntary agreement for someone accused of an intentional program violation to agree to the disqualification period from benefits.
Counties are required to investigate cases of alleged intentional program violation, and when necessary, initiate action through either a court or administrative disqualification hearing. Counties may allow district attorneys the option to have accused persons sign DCAs for cases of deferred adjudication.
Counties are encouraged to use DCAs when a determination of guilt is not obtained from the court because the accused met the terms of a court order, or a case is not prosecuted because the accused individual having met the terms of an agreement with the prosecutor.
Some counties have been reluctant to use the DCA process because courts would not normally endorse or confirm agreements between and individual and a prosecutor. This is especially true when an agreement is offered by the prosecutor in lieu of filing criminal charges. Removes of the court endorsement from the CalWORKs regulations will provide due process and the option for accused individuals to consent to their own disqualifications. CDSS will revise the regulations to remove the court consent requirement, and has removed the consent requirement from the DCA form. (ACL 20-15, October 30, 2020.)
Child support in lieu of CalWORKs clarifications
The California Department of Social Services (CDSS) has issued clarification regarding implementation of SB 380 and previous guidance in ACL 18-82. SB 380 provides CalWORKs applicants and recipients the option to exclude the needs of stepsiblings and half-siblings of CalWORKs-eligible children from determining the maximum aid paid and instead keep 100 percent of child support payments made on their behalf.
To exclude a stepsibling and half-sibling, they must live with at least one CalWORKs eligible child, the current child support received for them received is more than the cash aid amount for them, and the parent or caretaker relative asks in writing that the stepsibling or half-sibling not be included in the number of persons used to calculate the maximum aid payment.
Parents or caretaker relatives can exercise this option only at application, semi-annual reporting or annual redetermination. The only exception is a child can be added back to the assistance unit maximum aid payment determination if child support received stops or decreases below the amount the child would receive if they are included in the assistance unit’s grant.
Counties must give the CW 52 informing notice at application and annual redetermination. The CW 52 informs applicants and recipients of the option to exclude the needs of stepsiblings or half-siblings who receive child support in an amount greater than their CalWORKs grant. The CW 52 also allows a parent or caretaker relative to make a written request to exclude a stepsibling or half-sibling on the back of the form. Such requests must be in writing. Counties are not required to process verbal requests unless it is a reasonable accommodation for a disability. Counties are strongly encouraged to offer the CW 52 form to anyone making a verbal request.
Child support does not need to be received from the Local Child Support Agency for the parent or caretaker relative to exclude a stepsibling or half-sibling, and a child support order in not required.
Child support court orders must be allocated among children to allow exclusion of the stepsibling and half-sibling. Allocation can be determined from the court order or a printout from DissoMaster or other program that is incorporated into the order.
If the applicant or recipient does not have their court order, counties are encouraged to contact the Local Child Support Agency to get that information.
The Child Maximum Aid Payment is used to determine if the monthly child support received by a child exceeds the CalWORKs grant amount that the child receives or would receive if approved. CDSS has a chart showing the Child Maximum Aid Payment.
When the statewide Maximum Aid Payment increases, the Child MAP will also change. If the change causes the child to no longer be receiving child support in excess in the amount of CalWORKs, the county must add the child’s need to the assistance at the next semi-annual report or annual redetermination.
Teens with school attendance penalties are eligible to be excluded under SB 380. When the penalty is lifted, the county must reevaluate eligibility for SB 380.
When a case with a SB 380 child has the only CalWORKs child receiving assistance becomes ineligible mid-period, the county cannot take action mid-period to discontinue the case or add the SB 380 child to the assistance unit’s maximum aid payment. The county must continue aid until the end of the semi-annual or annual reporting period and then reevaluate the case and give the family the option to add the SB 380 child to the assistance unit maximum aid payment or stop receiving CalWORKs. (ACL 20-109, October 13, 2020.)
CalWORKs special needs
The California Department of Social Services (CDSS) provides guidance about CalWORKs special needs payments. A special need is a need not common to a majority of CalWORKs recipients for goods or services which are essential for their support. Counties are responsible for assisting the applicant or recipient in identifying any special needs which they may have. Counties must provide applicants or recipients with a clear explanation of the types of special needs allowances, and the procedure for getting them. Special needs payments are based on either recurring or nonrecurring special needs.
A recurring special need is a need that results in added cost to the family and which is expected to occur during two or more months in a calendar year. The recurring special needs allowance for each family per month must not exceed $10 per for each recipient in the family who is eligible.
Recurring special needs include therapeutic diets, unusual costs of transportation, laundry, telephone, housekeeping service, and utilities.
Persons who are not aided because they are excluded from the assistance unit are not eligible for a recurring special need allowance, nor is an individual with a penalty that requires that their needs not be considered in the Maximum Aid Payment. Individual who have a child support penalty may be eligible for special needs payment because their needs continue to be considered in the Maximum Aid Payment determination.
Nonrecurring special needs are for household emergencies resulting from sudden and unusual circumstances beyond the assistance unit’s control, and homelessness when the assistance unit is seeking permanent housing. After a family has used all available resources in excess of $100, an assistance unit is entitled to receive a nonrecurring special needs payment for household emergencies. The maximum payment is $600. Sudden and unusual does not necessarily mean clients must be unaware of the circumstances happening in advance. Examples of nonrecurring special needs are: clothing and household equipment, damage to the assistance unit’s home, and interim shelter.
Nonrecurring special needs also include homeless assistance and pregnancy special needs.
Before a special need payment is authorized, evidence must establish the conditions under which the need may be allowed are met, the total cost of the need and the payment plan, the proportion of the cost borne by the recipient if the need is shared with others, and the period over which the need will continue. In addition to medical verification where applicable, clients must provide receipts stating the amount paid or owed for the expense.
Mid-period reports of a special needs request is mandatory. As such, a CalWORKs recipient may report having a special need at any time during the payment period. (ACIN I-72-20, October 28, 2020.)