CDSS has issued a checklist to determine non-compliance with welfare-to-work requirements. The checklist is designed to ensure appropriate steps are taken to resolve any instance on non-compliance.
Counties may revise the checklist to remain consistent with county-level guidance. However, any modifications should be inclusive of the steps and content provided in the checklist.
Use of the checklist is voluntary. (ACIN I-84-18, January 14, 2019.)
The California Department of Social Services has issued instructions regarding replacement of electronic benefits transfers (EBT) stolen by skimming or scams. Skimming is using electronic equipment to capture the recipients’ EBT card and create a counterfeit card. Scams involve deceiving or misleading a recipient to provide their account information and then using that information to create a counterfeit card.
Claims for electronic theft are made using the EBT 2259 form. Recipients can contact either the EBT Customer Service Helpline or the county welfare department.
In addition to the EBT 2259 form, recipients are required to file a police report unless there is good cause. The police report number is required on the EBT 2259 form but a copy of the report is not required. Good cause for not filing a police report includes that the police department does not accept reports of identity theft or financial fraud, the police department does not provide interpreter services for non-English speakers, there is a fee to file the police report, the police department does not provide disability accommodations, the recipient does not have transportation, and submitting a report in person would interfere with participation in welfare-to-work activities.
Counties review the EBT 2259 form and determine if it is complete and whether the allegations are consistent with typical scamming practices. If the claim does not allege typical scamming practices it is considered for further review. In addition, counties must verify that benefits for the recipient have not been restored because of scamming in the last 36 months.
Recipients must file an electronic theft claim within 90 days.
Counties have 10 days to issue repayment unless there is a fraud investigation or over $2,000 is involved. The reimbursement is not counted as income or property in the month received or the next month. (ACL 18-148, December 31, 2018.)
Update: People reporting electronic theft no longer need to contact the electronic benefits transfer vendor prior to submitting the form EBT 2259 to the county. People reporting electronic theft must contact the county within 10 days of the loss, and file the EBT 2259 form with the county within 90 days of the loss. People no longer are required to file a police report to submit the form EBT 2259 and get replacement benefits. (ACL 23-13, January 27, 2023.)
The California Department of Social Services has issued information about the new Electronic Benefits Transfer (EBT) surcharge-free ATM network. The new network is attached to the notice and will be mailed to the clients with a cover letter. The new network includes all Bank of America ATMs in California. However, effective February 1, 2019, ATMs in the MoneyPass network will no longer be surcharge-free. A list of surcharge-free ATMs is on the EBT Client Website.
Clients will no longer be charged balance inquires or for withdrawls after the fourth withdrawal in a month.
Clients can now get information about their EBT account via text message. Clients need to register their cell phone number on the EBT Client Website. After doing that, they can get their account balance, surcharge-free ATMs in their area, all ATMs in their area, and restaurants, stores and farmers markets in their area that accept EBT. (ACIN I-88-18, December 28, 2018.)
The California Department of Social Services has issued instructions implementing voluntary self-identification of sexual orientation and gender identity (SOGI). Although counties must ask about SOGI, applicant or recipient responses are voluntary. CDSS has created form CW 2223 for this purpose. Counties must use the CW 2223 for applications and redetermination/recertifications. All primary caretaker relatives, including minor parents/caretaker relatives, who elect to disclose this information complete their own CW 2223 form. Applicants and recipients must be given the opportunity to complete the form regardless of whether the application or redetermination/recertification is done by phone, in person or on line. For example, if the interview is done by phone, the form should be mailed to the client.
The CW 2223 is not programmed into the county computer systems. The letter contains instructions for how county workers need to enter the information into the computer systems.
For CAPI only cases, the CAPI application includes optional SOGI questions so the CW 2223 form does not need to be used.
Counties should do periodic training of front line staff on SOGI sensitivity and best practices. According to CDSS, some best practices include explaining why the questions are being asked and that the responses are confidential, and using gender-neutral language such as partner or significant other. (ACL 18-133, November 8, 2018.)
The California Department of Education (CDE) has issued instructions regarding transition from Stage 1 child care to Stage 2 child care. Stage 1 is child care for CalWORKs recipients participating in welfare-to-work activities. Stage 1 is administered by the California Department of Social Services through county welfare departments or Alternative Payment Programs (APP) under contract with county welfare departments. Stage 2 is child care for CalWORKs recipients who are found to be stable on the program or former CalWORKs recipients. Stage 2 is administered by CDE through contracts with APPs.
Stage 2 contractors must develop efficient coordinated systems for transferring families from Stage 1 to Stage 2 to ensure that families do not experience a break in child care services. The sending Stage 1 program and the receiving Stage 2 program are responsible for data sharing and coordination to ensure the transfer of the nine data elements needed for child care eligibility and payment. Only those nine data elements must be received to transfer the family to Stage 2. If the nine data elements are incomplete or are missing information, the family should continue to receive Stage 1 child care until the nine data elements are transferred. The Stage 2 contractor cannot require the family to provide documentation to transfer to Stage 2.
When the Stage 2 contractor receives all nine data elements and informs the Stage 1 contractor that the nine data elements are complete, the family’s enrollment is transferred to Stage 2. The family’s 12 month eligibility period for Stage 2 begins on the date the nine data elements are received and confirmed. There is no need to for the family to complete an application for Stage 2. Starting on the date the nine data elements received and confirmed, the Stage 2 contractor must assume full responsibility for reimbursing the provider and provide written notice informing the parent of the transfer.
Current CalWORKs recipients are categorically eligible for Stage 2 until they are certified no sooner than 12 months after transfer. If a CalWORKs family would have their child care terminated for violation of a child care contractor’s reasonable policies, the contractor must notify the county welfare department about possible actions including transfer to Stage 1.
Families who transfer to Stage 2 as former CalWORKs recipients must report if their income exceeds 85 percent of State Median Income. (Management Bulletin 18-05, August, 2018.)
The California Department of Social Services (CDSS) has issued instructions the content of letters from county civil rights coordinators that provide the county’s determination of complaints following their investigations. An applicant for or recipient of benefits or services from a CDSS program can file a civil rights complaint with the county welfare department if they believe they have been discriminated against in violation of federal or state anti-discrimination laws. An applicant or recipient has the right to appeal a county determination of a civil rights complaint to the CDSS Civil Rights Bureau. The letters provided to complaintants provide a brief summary of the allegations and the reasons for the County’s determination. This is necessary to give the complaintant sufficient information to understand the basis for the decision, decide whether to appeal to CDSS and to present meaningful argument on appeal.
The County summary letter must contain: 1) a clear statement of the allegations, include the complaintant’s allegations of what happened, and on what basis discrimination is alleged; 2) The case specific facts that the county relied on to make its determination; and 3) the reasons for the County’s determination.
Any statements that the investigators attribute to the complaintant must be included verbatim in the summary letter.
Counties must include a draft of the summary letter to the complaintant with the final investigation report that is forwarded to CDSS for review. The County must wait for CDSS’ approval before providing the summary letter to the claimant. (ACL 18-111, September 10, 2018.)