The California Department of Social Services (CDSS) has issued instructions implementing AB 557 regarding domestic abuse protocols for CalWORKs applicants and recipients.

Effective January 1, 2018, counties must inform all CalWORKs applicants and recipients of the availability of domestic violence services both verbally and in writing at application, during development of a welfare-to-work plan, and at annual redetermination.  Domestic violence information must be provided in a safe and private space to allow confidential disclosure of domestic violence.  Counties must also have a current list of domestic violence resources and provide materials to clients.

Effective July 1, 2018, domestic violence is added as a circumstances constituting good cause for not complying with immunization or school attendance requirements.  If the abuse occurred in the past, the issue causing the non-cooperation or inability to comply must be related to the current situation.  This good cause determination is separate from domestic abuse waiver determinations for welfare-to-work requirements.

Effective July 1, 2018, CalWORKs applicants who provide a sworn statement of past or present abuse and are fleeing the abuser are eligible for termorary homeless assistance regardless of any income or assets attributed to the abuser.  (ACL 18-34, March 29, 2018.)

CDSS has issued instructions implementing AB 480 regarding diapers as a welfare-to-work (WTW) supportive service.  Starting April 1, 2018, counties must provide $30 per month to welfare-to-work participants to assist with diaper costs for each child under 36 months of age.

To qualify, WTW participants must have a child who is under 36 months of age at the beginning of the month and is either receiving CalWORKs or is ineligible for aid but is under the care and control of the WTW participant.

A participant in the WTW program is defined as a CalWORKs client who is not sanctioned or removed from aid, exempt from WTW or excused from participation because of participation by another adult.  Persons who are sanctioned or removed from aid who are participating as part of a cure plan are eligible for the diaper benefit.  Exempt or excused persons who are voluntarily participating are eligible for the diaper benefit.  Teens in the Cal-Learn program are eligible for the diaper benefit.  Clients in noncompliance who are not yet sanctioned and clients with good cause for non-participation are eligible for the diaper benefit.

Designation as participating is not based on assignment to WTW activities, scheduled hours or verified actual hours.  A WTW plan is not required to be eligible for the diaper benefit.  Persons are considered participating regardless of their number of participation hours, even if the participation hours are zero.

Counties must provide diaper payments to all qualifying WTW participants who have time remaining on their 48 month clock.  Diaper payments can also be provided to persons who have reached their 48 month time limit as a job retention service or a post-aid service depending on the County Plan.

The diaper benefit is available to both single and two parent assistance units.  Child only assistance units where the parent is ineligible for CalWORKs are ineligible for the diaper benefit.

Diapers are considered a necessary supportive service and participants will have good cause for not participating in WTW if payment is not provided in advance of the assigned activity.

The benefit will be a $30 payment per month for each qualifying child in the home.  The benefit is not prorated.  Any number of days in the month that the parent qualifies for the diaper benefits will result in the full $30 payment for each child.

Payments will be issued automatically to eligible clients unless the clients opts out of the payments.  Payments will be distributed on the household’s EBT card.

Counties must inform all new and current WTW participants of the diaper supportive service and payments must begin immediately without action or communication from eligible participants.  The diaper benefit must be issued in advance of any assigned WTW activity.

(ACL 18-38, March 28, 2018.)

CDSS has issued instructions about CalWORKs eligibility for Southern California fire victims and evacuees.  New applicants who are fire evacuees may not have access to verification because of the fires.  If the applicant and the county make a good faith effort to obtain verification and are unable to do so, the county must accept the evacuee’s statements signed under penalty of perjury in lieu of verification.

Evacuees who are homeless are eligible for homeless assistance even if they have used homeless assistance in the last 12 months because displacement due to disaster is an exception to that time limit.

Evacuee families should be evaluated for immediate need.  Although liquid resources count when determining eligibility for immediate need, resources that cannot be converted to cash because of the disaster do not count as liquid resources when determining eligibility for immediate need.

Counties must consider whether income that was being received will be reasonably anticipated to continue because of the fires.  If income is not reasonably anticipated because of the fires, it does not count when determining CalWORKs eligibility.  Disaster assistance from federal, state or local governments, or disaster assistance organizations, does not count as income for CalWORKs.

Real and personal property that cannot be accessed, occupied or sold because of the fires does not count for purposes of CalWORKs eligibility.  If verification of property cannot be obtained because of the fires, the county must accept a statement under penalty of perjury.

Although family members may be separated because of the fire, family members are considered temporarily absent if they intend to reunite within one full calendar month.  Evacuees can maintain a home in a different county if they intend to return to their prior home county within  four months.

Families who are participating in Welfare-to-Work should be evaluated for good cause for non- participation or a Welfare-to-Work exemption.  Families should also be evaluated for barrier removal services such as mental health services or housing stabilization program.

Displaced families must comply with semi-annual and annual reporting requirements.  However, good cause rules apply for reports filed late because of the disaster.  If the report is filed in the first month after it is due, the county must evaluate good cause for late filing.  If the report is filed after the first month after it is due, the county must evaluate good cause on request from the assistance unit.  (All County Welfare Directors Letter, December 15, 2017.)