No CalWORKs sanction when meeting federal work participation requirements

The California Department of Social Services (CDSS) has issued instructions implementing SB 1446 (2018).  Effective July 1, 2019, recipients meeting federal participation requirements cannot be sanctioned and are eligible for supportive services.  This applies to recipients who are in sanction status or noncooperation status.

For recipients who are in sanction status and who are meeting federal participation requirements, the sanction is deemed cured and aid is restored the first of the following month.

Recipients who are meeting federal participation requirements at any stage of the noncompliance process shall be found to be compliant with welfare-to-work and the county must stop the noncompliance process.  (ACL 19-68, August 5, 2019.)

CalWORKs grant increase

The California Department of Social Services (CDSS) has issued information to counties about the increase in the CalWORKs grant that will be effective on October 1, 2019.  For Region 1, the Maximum Aid Payment will increase for 1 person assistance units to $550 for nonexempt and $606 for exempt, for 2 person assistance unit to $696 for nonexempt and $778 for exempt with increases continuing for larger assistance units.  For Region 2, the Maximum Aid Payment will increase for 1 person assistance units to $520 for nonexempt and $576 for exempt, for 2 person assistance unit to $661 for nonexempt and $739 for exempt with increases continuing for larger assistance units.  CDSS issued a table showing the grant increase for all assistance unit sizes in each region.

Counties must send a mass mailing to all CalWORKs recipients informing them of the grant increase.

If the grant increase is not automated in the computer systems by the effective date, the computer consortia must issue a workaround to ensure that CalWORKs recipients receive the grant increase.  (ACL 19-73, July 17, 2019.)

Separation of SIU and eligibility determination functions

The California Department of Social Services (CDSS) has issued a reminder to counties that management of eligibility determination and program integrity investigation must be separate.

County Special Investigative Unit (SIU) staff is responsible for preventing and discovering fraud by applicants and recipients.  SIU staff must investigate fraud allegations.  County eligibility workers are responsible for referring cases to the SIU.

The SIU must be a separate organization, independent of organizations performing eligibility and benefit determination functions.  Counties must ensure separate and independent operation of eligibility and investigation activities.  SIU staff cannot dictate CalWORKs or CalFresh eligibility determinations but can make recommendations.  (All County Welfare Directors Letter May 1, 2019.)

CalWORKs options for education activities

The California Department of Social Services (CDSS) has issued clarification about education as a CalWORKs welfare-to-work activity.

During the 24 month time clock, activities are flexible and clients and engage in education and training without restriction.  This includes job skills training directly related to employment, satisfactory attendance at a secondary school on a course leading to a general education certificate, education directly related to employment, adult basic education and vocational education.  Clients must have a Welfare-to-Work plan to meet CalWORKs minimum participation standards.

The 24 month clock can be extended in up to six month increments if the recipient has made satisfactory progress in an education program that has a known graduation, transfer or completion date that would meaningful increase the likelihood of employment.  The 24 month can also be extended for a recipient who earned their high school diploma or equivalent while participating in Welfare-to-Work and needs additional time to complete their current education program.

CalWORKs federal standards provide for 12 months of vocational education in addition to education during the 24 month time on aid clock and any extensions of the 24 month clock.  The 24 month clock does not tick when participants are meeting federal participation requirements, which are 30 hours per week for a one parent household (20 hours of which must be in a federally approved activity), 35 per week hours for a two-parent household, and 20 hours per week for a one parent household with a child under age 6.  After the 24 month clock has expired, the recipient must meet the minimum federal participation requirements.

Education and other activities can be combined to meet Welfare-to-Work participation requirements.

Supportive services, including child care, diapers for young children, transportation, books, tools or supplies, must be available to everyone participating in assigned Welfare-to-Work activities including volunteer participants.  This includes persons participating in education either in-person or by distance learning.  Supportive services must also be available during time the participant is doing homework, whether this is supervised or unsupervised, for both in-person and distance education activities.

Counties must make advance payments of supportive services as necessary.  CDSS strongly encourages counties to make advance payments prior to the beginning of each academic term.  (ACL 19-48, July 2, 2019.)

Cal-OAR performance measures

The California Department of Social Services (CDSS) has issued instructions regarding the CalWORKs Outcomes and Accountability Review (Cal-OAR).  Cal-OAR establishes a local, data-driven program management system to facilitate improvement in the CalWORKs program.  Cal-OAR has three main components: performance measures, county self-assessment and county systems improvement plan which includes a peer review component.

Cal-OAR is structured into three year cycles with self assessment and systems improvement plans required from each county every three years.  The first three-year cycle is from July 2019 to June 2022.

The Cal-OAR performance measures will be calculated and reported in a staggered manner based on availability over the first three-year cycle.  Counties are not responsible for tracking data elements until fields are available in the consortia computer systems and CDSS provides technical training.

All Cal-OAR performance measures will be calculated by CDSS.  Beginning in July, 2019, or when programming is completed, the computer consortia are required to submit necessary data to CDSS.  CDSS, the computer consortia and counties will work collaboratively to ensure the accuracy, consistency and quality of the data.  After CDSS calculates the performance measures, counties have a 30 day review period before they are posted online.

All counties will be provided training on Cal-OAR.  Online training began in May, 2019.  Regional in-person training will be provided at a later date.  (ACL 19-40, April 26, 2019.)

CalWORKs grant cost of living increase

Effective July 1, 2019, the Minimum Basic Standard of Care (MBSAC) that used to determine CalWORKs grants will increase by 4.15 percent.  This increase is annual cost of living increase.  The Income In Kind level will also increase by 4.15 percent.

If county computer systems are unable to implement the new MBSAC level by July 1, counties must take immediate steps to review and correct any applications denied on or after July 1 if the only reason for the denial was failure to pass the financial eligibility income test because of the MBSAC or Income In Kind amounts used.

This change is a county initiated mid-period change and should be used prospectively as soon as timely and adequate notice can be provided.

This change also applies to Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crime Victims Assistance Program benefits.  (ACL 19-47, May 15, 2019.)