CalWORKs

Reasonable accommodations in CDSS and DHCS programs

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The California Department of Social Services (CDSS) and the Department of Health Care Services (DHCS) have issued a joint letter reminding counties of their obligation to ensure equal access to persons with disabilities to state and federal funded programs.  This includes providing reasonable accommodations to qualified persons with disabilities and effective communication through auxiliary aids and services.  These obligations apply to all county administered programs, services and activities funded by, or with federal pass-through funds from CDSS and/or DHCS.  These obligations also apply to county contractors and vendors that provide program benefits or services.

Counties must adopt written policies detailing how they will comply with these requirements.  Counties must have a procedure for complaints regarding disability discrimination, including failure to provide a reasonable accommodation.  Counties must inform clients of the county complaint procedure and they may file discrimination complaints with the appropriate state or federal agency.

Title II of the Americans with Disabilities Act (ADA) prohibits counties from excluding from participation, denying benefits or services to, or discriminating against any qualified person with a disability.  A qualified person with a disability is a person with a disability who, with or without accommodation, meets the essential eligibility requirements for the program provided by the public entity.  Disability is a physical or mental impairment that substantially limits one or more major life functions, a record of such an impairment or being regarded as having such an impairment.  California law defines disability more broadly by removing the word “substantially” from the definition of disability, and counties are required to follow California law.  The ADA also guarantees equal access to individuals who have a relationship or association with a disabled person.

The ADA does not require public entities to allow a person with a disability to participate if that person poses a direct threat to health or safety of others.  However, the county must determine whether a person is a direct threat only evaluating whether reasonable accommodations can mitigate or eliminate the risk.  The determination of whether a person poses a direct threat must be made based on objective factual evidence and an individualized assessment.

The ADA requires counties to make reasonable accommodations by modifying their policies, practices, or procedures when necessary to provide equal access to persons with disabilities.   This includes waiving a program rule or policy to help a person with a disability, or a change in the way a county carries out a policy or practice affecting a person with a disability.

Counties must notify all clients of the right to request reasonable accommodations and the protection against discrimination on the basis of disability.

When the county has actual knowledge of a disability or when the need for an accommodation is obvious, county staff must offer to assist with appropriate disability specific accommodations.  Counties are encouraged to train staff to identify disabilities and offer to assist identifying accommodations.

When an individual asks for a change in county policies, practices, or procedures because a disability, this request should be treated as a reasonable accommodation request.  While counties can make a reasonable accommodation request form available, counties cannot require individual to use a specific form for a reasonable accommodation request.   Reasonable accommodation requests can be made in person, by telephone or in writing by the individual or someone acting on the individual’s behalf.  It is not necessary that a person be an authorized representative to request a reasonable accommodation.  There is no limit to the number of accommodation requests a person can make, and each request must be individually evaluated.  Counties cannot impose an arbitrary limit on the duration of a reasonable accommodation.

County staff must document all reasonable accommodation requests and subsequent county actions in the individual’s case file.

If an accommodation is not immediately agreed upon, or if there is a disagreement about the appropriateness of a requested accommodation, county staff must engage in an interactive process with the individual requesting the accommodation or a person acting on their behalf.

A county can deny a reasonable accommodation request only when the accommodation would  fundamentally alter the nature of the program, service or activity, or would impose an undue financial or administrative burden taking into account all resources available to the program, service or activity.  The determination that an accommodation request would be a fundamental alternation or an undue burden must be made by the county welfare department director or designee and must be accompanied by a written statement of the reason for the decision.  If such a decision is made, the county must take alternative action to ensure that the person with a disability can access relevant benefits or services while avoiding a fundamental alteration or undue burden.

Counties cannot impose eligibility criteria that exclude or tend to screen out individuals with disabilities unless such criteria are shown to be necessary for the operation of the program.  Counties must provide programs, activities and services in the most integrated manner possible.  Counties cannot change individuals with disabilities for the cost of reasonable accommodations.

Counties must ensure effective communication with individuals who have vision, hearing or speech disabilities.   Communication with these individuals must be equally effective as communication with people who do not have these disabilities.  This requirement extends to companions of applicants or recipients.  For persons who are blind, have vision loss, or are deaf-blind, this requirement includes providing individuals with disabilities with auxiliary aids and services when necessary to communicate effectively. This can include providing written communication in large print, braille, accessible electronic format for use with a screen reader or via audio recording or a qualified reader.  For persons who are deaf, have hearing loss, or are deaf-blind, this requirement also includes providing a note taker, qualified sign language, oral, cued-speech or tactile interpreter, real-time captioning, telecommunication devices, or written materials.  For persons who have speech disabilities, this requirement includes providing a qualified transliterator.  Counties cannot require persons with communication disabilities to provide their own interpreter.  Counties may allow another adult accompanying an individual with a disability to interpret only in emergency situations or when requested by the persons with a disability.  Counties cannot rely on minors to interpret except in emergency situations when no other interpreter is available.

If counties choose to use Video Remote Interpreting, the service must meet specific technical performance standards.

Counties must consider how the individual normally communicates and must give primary consideration to a request for a particular auxiliary aid or service.

Counties must modify their policies, practices and procedures to allow individual with disabilities to use service animals on their premises.  Counties may not require certification or other proof that an animal has been trained or licensed as a service animal.  When it is not obvious what service an animal performs, county staff may only ask if the animal is required because of a disability and what work or tasks the animal is trained to perform.  (ACL 19-45, May 16, 2019.)

CalFresh and CalWORKs electronic notices

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The California Department of Social Services (CDSS) had a waiver from the federal government authorizing e-notices.  CDSS implemented e-notices for CalWORKs using the same rules as CalFresh.  Now the federal government no longer requires a waiver for and has made e-notices a state option for CalFresh. (See United States Department of Agriculture AN 18-05.)

California will continue to use the same rules for e-notices that are in ACL 13-61.  E-notices continue to be a county option.  However, for counties to use e-notices, the county must: 1) not include identifying information in text messages; 2) receive household consent to send e-notices and establish security protocols to protect confidential client information sent electronically; 3) provide an initial email and paper notice confirming that the household as opted-in to e-notices; 4) provide e-notices through a secure online portal; 5) send an email when a new e-notice is available; 6) ensure that every e-notice has the same information as the corresponding paper notice; 7) not send state hearings or treasury offset notices by e-notice; 8) allow opt-out of e-notice at any time; 9) document when an e-notice is returned and then communicate with the household by paper notice; and 10) ensure that all e-notices are available to quality control reviewers.

Counties must provide paper copies of all notices to clients on request.

The types of notices that can be send electronically include notice of missed interview, notice of denial, notice of required verification, notice of approval, notice of expired certification, notice of change to benefits and overpayment or overissuance notices.

Households must be informed of the option to receive e-notices at application and recertification.

Counties can now send text messages to inform clients of the availability of a new e-notice.  A text messages must be send in conjunction with an email informing the client that an e-notice is available.  The text message sends a link to a secure online portal.

Counties must still comply with regulations regarding timeframes for notices and information.  For CalWORKs, counties must still attempt personal contact prior to terminating benefits for not submitting a semi-annual report or annual recertification and note that attempt in the case file.

For CalWORKs time on aid and welfare-to-work notices, each adult in the assistance unit must consent to receive notices electronically.  For other notices, the caretaker relative must consent.  (ACL 19-39, May 3, 2019.)

Using HSP to purchase housing structures

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The California Department of Social Services (CDSS) has issued guidance regarding use of Housing Support Program funds to purchase housing structures.  CDSS has set aside $1,500,000 to purchase housing structures, which includes RVs, mobile homes and tiny homes.  Housing structures do not include any type of housing that is permanently fixed to the ground.  Counties can submit plans to CDSS for purchase of structures, and each individual purchase must be approved by CDSS.

Counties generally will not purchase structures until they have identified a family for the unit.  Counties must ensure that a habitability inspection of the structure is completed before purchase. 

Counties must identify a space where the structure will be located before purchase.  CDSS encourages counties to locate space within a designated park.  If developed parks are not available, counties may seek private land to place the structure.  The county must ensure that the family has a written lease agreement with the land owner.

Maximum purchase price for the structure is $24,999.  This includes inprovements to make the structure habitable.  This cap does not include other Housing Support Program services such as assistance with move in costs and ongoing space rent.

Families must enter into an agreement with the county.  This agreement can include a creating a lien to protect the structure from being sold without county approval; client obligations such as not reselling the property for a period of time, paying the taxes, and paying rent and other fees; county obligations such as retaining title for a period of time and assisting the client with taxes and other fees; using the structure as a personal residence; and recovering the property if the family does not meet their obligations.

Counties must identify parameters for how they will target families receiving Housing Support Program for structure purchases.  (ACIN I-85-18, December 7, 2018.)

Use of the Work Number

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NOTE — The section of this ACL regarding the Work Number being used in conjunction with, but not in lieu of, existing income and eligibility sources, is superseded by ACL 21-16.

The California Department of Social Services (CDSS) has issued guidance regarding use of the Work Number consumer credit report in determining initial and ongoing eligibility for various programs. 

For CalFresh, if documentary evidence of income is unavailable, for example because a household member did not provide or does not have access to necessary documentation at the time of the application or interview, the Work Number can be used to verify income in real time at application, during the certification period, at recertification, or for a Quality Control review.

Information obtained through the Work Number is not considered verified upon receipt which means the applicant or recipient must be consulted before the county can use the information.  If the information provided by the Work Number is consistent with information provided by the applicant or recipient, consultation is not necessary.  If the household confirms the information from the Work Number is accurate or there is no discrepancy, the Work Number can be used to verify income.

The Work number can be used in conjunction with, but not instead of existing required income and eligibility sources including IEVS.

Counties cannot require the household to submit additional documentation that is duplicative of information received through the Work Number.  Counties can request additional documentation only if the household states that the information is inaccurate or the Work Number does not verify all income sources.

If the county takes adverse action based on information from the Work Number, the notice of action must state the name, address and telephone number of the Work Number, a statement that the Work Number did not make the adverse decision, a statement of the right to obtain free disclosure of the consumer’s file within 60 days, and a statement of the consumer’s right to dispute the accuracy or completeness of any information provided by the Work Number.

Counties can use the Work Number to verify information received at initial application or recertification.  This can allow same day service when documentary evidence is not available on the day the application is submitted.

Counties can use the Work Number to verify a voluntary report of a change in income or to verify income information provided at periodic report.

For Quality Control reviews, counties can use the Work Number to substantiate information provided by the household or if the household refuses to cooperate.

For CalWORKs, counties can use the Work Number to verify information at application, redetermination and to determine ongoing eligibility.  The Work Number can be used to verify welfare-to-work information for Work Participation Rate purposes.  Counties can use the Work Number to verify income when transitioning clients from State One to Stage Two child care.

The Work Number cannot be used to verify a missing mandatory report of income over the Income Reporting Threshold.

For IEVS matches, if the client does not respond to the verification letter, the county can use the Work Number as the independent verification source.

The Special Investigations Unit can use the Work Number to verify information from IEVS. (ACL 19-08, February 9, 2019.)

Disability and domestic violence questions computer system flags

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The California Department of Social Services (CDSS) has issued directions regarding AB 2030.  AB 2030 requires CDSS to include in any amendments or revisions to standard application or semi-annual reporting forms after January 1, 2019 that allow applicants or recipients to disclose disabilities, the need for reasonable accommodations because of a disability and any experiences of domestic violence. 

CDSS states that initial application forms and semiannual report will capture the need for reasonable accommodations the next time they are revised.

The current welfare computer system vary in how they flag reasonable accommodations.  CalWIN has an icon for disability accommodations that is displayed in the upper-right side of the “Display Individual Demographics Summary” window.  CalACES North (formerly known as C-IV) can flag cases with an indicator type that county users can select (special accommodations, special circumstances etc.)  CalACES South (formerly known as LRS) allows any county user with access to falg a case to alert the first point of contact.  These flags are identified by a banner at the top of every page.  (ACL 19-13, February 21, 2019.)

CalWORKs overpayment collection threshold and discharge

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THIS ACL HAS BEEN SUPERCEEDED BY ACL 19-102, summarized here.

The California Department of Social Services has issued instruction regarding SB 726.  Effective July 1, 2019, SB 726 will increase the threshold for pursing CalWORKs overpayments and implement an expungement process for CalWORKs overpayments.

Previously, counties could not demand repayment of non-fraudulent CalWORKs overpayments that were less than $35.  Effective July 1, 2019, this overpayment threshold increases to $250.  The overpayment threshold applies only to closed cases.  When the case is active, counties must pursue collection regardless of the amount of the overpayment.  If the case involves a fraud allegation, the overpayment threshold does not apply.

If an overpayment is being repaid in installments, counties must cease collection when the outstanding balance falls under $250.  When there are multiple overpayments, the $250 threshold applies to each overpayment individually.

Effective July 1, 2019, counties must cease collection on non-fraudlent CalWORKs overpayments if the responsible individual has not received CalWORKs for 36 consecutive months or longer.  If a former recipient with an outstanding overpayment claim reapplies and becomes CalWORKs recipient within the 36 month time frame, the county will resume collection of the overpayment.  Overpayment discharge also applies to repayment agreements and civil judgment agreements.  When there are multiple overpayments, the 36 month time frame applies to each overpayment individually.  The 36 month time frame applies retroactively to non-fraudulent overpayments outstanding on July 1, 2019.


The 36 month discharge time frame does not when there is a pending fraud investigation unless the investigation is inconclusive or finds no fraud was committed.  The discharge time frame does not apply to overpayments established before December 1, 1996 because federal law requires collection of those overpayments.

In addition, mass overpayments, which are defined as an action or inaction that impacts either eight percent of the county CalWORKs caseload or more than 1,000 CalWORKs assistance units, whichever is greater, must be reported to CDSS.  After reporting, CDSS will determine if the mass overpayment was caused by negligence or fraud by the county, or a major system error by the state or the county.  CDSS will then determine if those overpayments can be discharged.  (ACL 19-19, February 21, 2019.)