CalWORKs

Third Party Assessment Process

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The California Department of Social Services has issued a clarification regarding its policy regarding referral for third party assessment when the county and the participant cannot agree on a welfare-to-work (WTW) assessment or a WTW plan.

If the participant does not agree with the results of their WTW assessment and does not reach an agreement with the county about their WTW plan, the county must refer the participant to an impartial third party for an independent assessment.  The county must refer for a third party assessment if the county and the participant do not agree on WTW assessment or the unsigned plan or a signed WTW plan in limited circumstances.

Prior to the appraisal, counties must provide an orientation that informs participants of their right to a third party assessment.  Participants must sign Rights and Responsibilities (WTW 1) and the Plan Activities form (WTW 2), each of which inform the participant of their right to a third party assessment.

After the plan is signed, the client has a once-in-a-lifetime 30 day grace period from the beginning of the WTW activity to request a change in the plan or reassignment to another activity.  The county must grant the request if another assignment is available, is consistent with the WTW plan, and the county determines the other activity will lead to employment.  The participant can request a third party assessment during the 30 day grace period.

The county must allow the participant three working days after signing the plan or amendments to the plan to request changes.  During the three working days after signing the plan, the participant can request a third party assessment.  If the participant expresses dissatisfaction with the plan in the first three working days, it will not trigger the use of the client’s once-in-a-lifetime 30 day grace period.  If the participant expresses dissatisfaction with the plan after three working days and has not used their once-in-a-lifetime 30 day grace period, the county can apply the 30 day grace period and grant a third party assessment.

The participant must adhere to the signed WTW plan if it is after the three working day or 30 day grace periods.  The county can revised a WTW plan at any time if it is in the best interest of the participant to do so.

The results of a third party assessment are binding and used by the client and the county to create an appropriate plan.  The participant is not entitled to a state hearing to challenge the assessment until a third party assessment has been performed. (ACIN I-03-19, January 17, 2019.)

Welfare-to-work sanction checklist

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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.)

EBT skimming and scams

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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.)

EBT surcharge free network and text message information

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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.)

SOGI self-identification

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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.)

Transfer from Stage 1 to Stage 2 child care

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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.)