The California Department of Social Services (CDSS) states that they have learned that counties have been modifying required forms with proper consent. Forms that are in the “Required Forms – No Substitute Permitted” category cannot be modified or restructured. No changers can be made to a required form unless required for a computer system. Reformatting or restructuring a required form for a computer can only be done with CDSS approval. If a county wants to modify a required form, the county must submit a written request to CDSS before implementing the proposed changes. (ACL 21-02, January 4, 2021.)
Summaries of select CalWORKs, CalFresh, Health and Housing Regulations
CalWORKs
COVID-19 not counting new stimulus payments as income for benefits programs
The California Department of Social Services (CDSS) has issued guidance regarding treatment of the new individual stimulus payments as income for various benefits programs.
The payments authorized by the Consolidated Appropriations Act of 2021 are individual tax rebates. They are excluded from income in the month received for CalWORKs, CalFresh, Refugee Cash Assistance, and the Trafficking and Crime Victims Assistance Program. The individual stimulus payments count as a resource after 12 months if they have not been spent. (ACWDL, December 31, 2020.)
Temporary homeless assistance repeal of consecutive 16 day rule
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.)
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.)