CalWORKs

Guidance on discrimination complaint summary investigation letters

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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.)

Ten percent MAP increase

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The California Department of Social Services (CDSS) has issued instructions regarding the ten percent increase in the CalWORKs Maximum Aid Payment.  Effective April 1, 2019, the CalWORKs Maximum Aid Payment will increase by ten percent.  The grant increase applies to all CalWORKs cases, regardless of whether those cases are in Region One or Region Two and whether or not the assistance unit is exempt from Welfare-to-Work.

The grant increase must be programmed into the welfare department computer systems by April 1, 2019.  If the grant increase is not automated, the computer system consortia must give counties instructions for a workaround to ensure CalWORKs recipients receive the grant increase effective April 1, 2019.

CDSS issued a mass mailer notice that must be sent to all CalWORKs recipients no later than February 15, 2019 informing of the grant increase.  Counties must also inform recipients of their new Income Reporting Threshold because of the grant increase.  (ACL 18-124, October 9, 2018.)

Child Support recoupment and CalWORKs overpayments

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The California Department of Social Services (CDSS) has issued instructions regarding the interaction between child support recoupment and CalWORKs overpayments.  Any month in which the full amount of CalWORKs paid is reimbursed by collected child support is not counted as a month of receipt of aid for the 48 month time on aid limit.  This not counting of months where the full amount of CalWORKs paid is reimbursed by collected child support occurs whether the child support is collected in that month or is retroactively applied to that month.

Child support recoupment cannot be used to reimburse a CalWORKs overpayment because it is used to adjust time-on-aid.

When a month is a partial overpayment and the client is eligible for a portion of the CalWORKs paid for that month, child support recoupment can only repay the portion of the grant that the client is entitled to.  Time-on-aid for that month cannot be unticked until the county is fully reimbursed for CalWORKs paid for that month.

If the county determines there is an overpayment for a month that was previously reimbursed by child support collection, the county must change the child support collection to apply it to the next month that has not been unticked. (ACL 18-123, October 8, 2018.)

New Administrative Disqualification Hearing notices

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The California Department of Social Services (CDSS) has issued new notices for Administrative Disqualification Hearings (ADH).  Counties must investigate cases of alleged Intentional Program Violations and act upon appropriate cases either by referring them for criminal prosecution or referring the case for an ADH.  Cases declined for criminal prosecution are referred to the State Hearing Division for an ADH.

Respondents in ADH cases are informed by written notice that a county has requested an ADH and that they may waive their right to an ADH by returning the ADH waiver form.  The county position statement is an attachment to the ADH notice.

Counties must now use the new versions of the DPA 436B ADH Information Letter, DPA 435 County Allegation of Intentional Program Violation/Statement of Position and DPA 479 Administrative Disqualification waiver form.

If the respondent is no longer receiving aid and the county requests an ADH, the county should provide the best known address for the respondent.  A best practice is to use a third party data source such as Lexis/Nexis or a written request to the Postmaster to find out the respondent’s current address.  (ACL 18-116, September 20, 2018.)

Study time for SIPS

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The California Department of Social Services (CDSS) has issued instructions about counting study time for Welfare-to-Work (WTW) participants in a Self-Initiated Program (SIP).  A SIP is an education program that the WTW participant was enrolled in at the time of WTW appraisal and is calculated to lead to employment.

Previously, CDSS’ policy was that unsupervised homework time did not count toward WTW participation for SIPs.  Effective July 1, 2018, homework time can be included as part of a SIP.  Unsupervised homework time for SIPs will be counted in the same manner as for other education programs, which is that countable homework time cannot exceed one hour for each hour of class time.

CDSS also reminds counties that SIP participants are entitled to supportive services like all other WTW participants which includes supportive services for homework time and for distance learning.

SIP participants are subject to the WTW 24 month time limit.  Many SIP participants can meet CalWORKs federal standards through vocational education or concurrent WTW activities.  In that instance, the months do not count toward the 24 month clock.  In addition, satisfactory progress in a SIP can qualify a participant for an extension of the 24 month clock. (ACL 18-115, September 11, 2018.)

Increase in Temporary Homeless Assistance payment amount

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The California Department of Social Services (CDSS) has issued instructions implementing AB 1811 increase the temporary homeless assistance payment amount.  Temporary homeless assistance pays for up to 16 days of temporary shelter while a family searches for permanent housing.

Effective January 1, 2019, the daily payment rate for temporary homeless assistance will increase to $85 per day for up to a family of four.  Each additional family member will get $15 per day with a maximum for the family of $145 per day.  This increase also applies to homeless assistance for persons fleeing domestic violence and homeless assistance for CalWORKs family reunification cases.  (ACL 18-106, September 12, 2018.)