Welfare-to-Work assignment for high school diploma

The California Department of Social Services (CDSS) has issued instructions implementing AB 1604 requiring counties to offer completing a high school diploma or the equivalent as a welfare-to-work plan.

For clients who do have a high school diploma counties must develop a welfare-to-work plan designed to earn a high school diploma or equivalent as the primary activity before making any other assignment.  If the client does not want to participate in education at that time, the client may continue in other welfare-to-work activities.  The client must make this choice in writing.  These requirements do not apply to clients participating in, required to participate in or exempt from Cal-Learn.

A plan to complete a high school diploma equivalent must meet weekly welfare-to-work participation requirements.  Hours in education may include homework time.  Supervised homework time and up to one hour of unsupervised homework time for each hour of class time may be included.  Distance or electronic learning is an option to obtain a high school diploma or equivalent.  Assigned hours can also include English as a Second Language classes and accommodations or other resources necessary for the client to earn a high school diploma or equivalent.

If the client requires additional hours to meet requirements or if the appraisal determines that additional activities may be beneficial, the client must be referred to Assessment to complete their plan.  The client cannot be required to attend Assessment prior to beginning their course of study unless a course of study is not immediately available.  Other assigned activities cannot reduce the hours assigned to the course of study without the client’s written consent.  Clients age 19 or younger are not required to participate in additional activities.  (ACL 18-40, April 2, 2018.)

CalWORKs and domestic violence

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.)

Diapers as welfare-to-work supportive service

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.)

CalWORKs mental health and substance abuse services

CDSS has provided information about changes to CalWORKs mental health and substance abuse services that are effective between July 1, 2017 and July 1, 2018.  For that period, counties can provide mental health and substance abuse services to children of CalWORKs recipients, and can contract with community-based providers and other local agencies to provide these services.

Children are eligible for these services if the parent(s) are participating or required to participate in Welfare –to-Work (WTW), exempt volunteers or are sanctioned or removed from CalWORKs for failure to comply with WTW requirements.  At the county’s discretion, services can be provided to children of adults who have a temporary WTW exemption.  Services can be provided to children of timed out clients as a post aid service.  Children of adults who are ineligible for CalWORKs are not eligible for services.

This funding must be used in addition to, and not as a substitute for, available mental health or substance abuse funding available from other government programs.  Funding cannot be used for services covered under Medi-Cal or a county mental health plan.

A parent cannot be sanctioned because of a child’s refusal to participate in mental health or substance abuse services.  Refusal or failure of an adult to participate in assigned activities does not prevent children from being referred to or receiving mental health or substance abuse services.

Counties can now send clients to community based providers, including county mental health departments, for mental health evaluations.  That provider must evaluate the recipient and determine any treatment needs, including the extent to which the individual is capable of employment and under what conditions the individual can work. The evaluation must be considered in development of the WTW plan.  Activities and services in the WTW plan must accommodate any restrictions associated with any mental, emotional or substance abuse condition identified in the evaluation.  (ACL 18-04, January 25, 2018.)

Veterans’ education, training, vocation or rehabilitation benefits and CalWORKs

CDSS has issued instructions implementing SB 570 regarding CalWORKs treatment of Veterans education, training, vocation or rehabilitation benefits.  Effective January 1, 2018, Veterans Administration benefits for education, training, vocation or rehabilitation are exempt as income for purposes of CalWORKs for veterans, dependents of veterans and spouses of veterans who either died in the line of duty or have a service-connected disability.  Asset rules continue to apply these benefits, meaning that they are considered property in future months.

The exemption also applies to households categorically eligible for CalFresh because they receive CalWORKs.  The exemption does not apply to CalFresh only households.

Veterans benefits now excluded as income for CalWORKs include but are not limited to GI Bill, Vocational Rehabilitation and Employment Services, Yellow Ribbon Program, Survivors and Dependant Assistance Program, Tutorial Assistance, License and Certification Reimbursement, National Call to Service Program, Compensated Work Therapy and Work Study.

Counties must create a manual business process to implement the veterans benefits exclusion until each respective computer consortia is programmed to implement the exclusion.  (ACL 17-125, December 29, 2017.)

Child support distribution error

CDSS has issued instructions about a programming error that caused incorrect child support distribution in about 28,000 cases.  The problem occurred in the implementation of repeal of the Maximum Family Grant rule.  The error caused some families who are receiving CalWORKs to receive the entire amount of current child support instead of only the $50 disregard.  In other cases, the error incorrectly caused the full amount of child support collected to be retained by the state when some or all of the collection should have been distributed to the family.

CDSS states that payments issued in error are unlikely to continue and therefore should not be considered income because they are not reasonably anticipated.  After two payments, the County Welfare Department should communicate with the Local Child Support Agency to determine if the payments will continue.  If the payments will continue, they will be considered to be reasonably anticipated going forward.

For cases where the $50 disregard was improperly retained by the State, the $50 disregard will be retroactively paid to the family.  These retroactive payments will not be considered income or property for CalWORKs.  (All County Welfare Directors Letter, December 28, 2017.)