CDSS has issued instructions about implementing AB 433 (2015) regarding CalWORKs eligibility in the event of death of a child.  AB 433 requires that if the county becomes aware of the death of a child, CalWORKs benefits cannot be decreased in the month of the death or the following month.  Note that for semi-annual (SAR) reporters, change in household composition is not a mandatory mid-period report.  This means SAR reporters are not required to report death of a child until the next semi-annual report.  However, if death of a child is reported, the county must act on that information.  For AR/CO reporters, death of a child must be reported within 10 days and AB 433 means these families are eligible for an additional month of benefits following the death.

In addition, AB 433 prohibits sanctions or overpayments for failure or refusal to comply with Welfare-to-Work requirements during the month the child died or in the following month.  ACL 16-90 (October 21, 2016).

CDSS has issued instructions about Welfare-to-Work (WTW) requirements for 16 and 17 year olds.  WTW requirements apply to 16 and 17 year olds in two situations.  First, non-parenting 16 and 17 year olds who either a school district or School Attendance Review Board have found to be chronic truant must be referred for a WTW plan unless an exception applies.  The only purpose of this plan is to complete high school or its equivalent.  These 16 and 17 year olds can voluntarily participate in other WTW activities as long as those activities do not interfere with school attendance.  All supportive services are available to these 16 and 17 year olds.

A non-parenting teen who does not comply with this WTW plan is subject to a school attendance penalty.  In this instance, the needs of the 16 or 17 year old are removed from the assistance unit but the 16 or 17 year old remains eligible for CalWORKs services.  If a 16 or 17 year old is not enrolled in a secondary school, the county must assist in becoming enrolled and the 16 or 17 year old has good cause until they are enrolled.

Non-parenting 16 and 17 year olds who complete high school or its equivalent, and 16 and 17 year olds who complete participation in CalLearn upon graduating from high school or its equivalent, are required to participate in WTW unless exempt.  Counties must conduct an assessment and develop WTW plans for these 16 and 17 year olds.  Only adults are subject to minimum participation requirements. However, the county must include a required number of participation hours in the WTW plan not to exceed 20 average hours per week.

These 16 and 17 year olds are mandatory WTW participants who are subject to sanction for noncompliance unless they are exempt or have good cause.  In addition to other exemptions, these 16 and 17 year olds are exempt if they have enrolled in or are planning to enroll in a postsecondary educational, vocational, or technical school training program.

In general, persons sanctioned by CalWORKs also receive a CalFresh sanction.  Non-head of household 16 and 17 year olds are exempt from CalFresh work requirements and are not subject to this CalFresh sanction.  However, head of household 16 and 17 year olds may be subject to work registration requirements and are subject to CalFresh sanction for failure to comply with CalWORKs WTW requirements.  ACL 16-99 (December 8, 2016.)

CDSS has instructions to counties about AB 2062 regarding overpayments based on income or household composition reporting.  Effective January 1, 2017, counties cannot assess an overpayment in the month following a change in income over the income reporting threshold or a change in household composition for an assistance unit that does not include an eligible adult, if the recipient timely reported the change but the county was unable, before the first month following the change, to provide 10 days notice of termination or reduction in benefits.

Recipients subject to semi-annual reporting must report income changes over the income reporting threshold within 10 days.  Child only cases subject to annual reporting must report income over the income reporting threshold or changes in household composition within 10 days.  Prior to AB 1232, there was an overpayment if these changes were reported timely but the county could not issue a notice of action giving 10 days notice of reduction or termination of benefits.

Under AB 1232, this changes and now if these changes are reporting timely and the county is unable to give 10 days notice of reduction or termination of benefits, the next month of benefits will not be an overpayment.  However, if these changes are not reported timely (that is, not reported within 10 days) and the county could not issue a notice of action giving 10 days notice of reduction or termination of benefits, the next month of benefits will still be an overpayment.  ACL 16-120 (December 30, 2016).

CDSS has issued instructions to counties about SB 947 which allows counties to do telephone interviews for CalWORKs effective January 1, 2017.  Counties can choose whether to do telephone interviews for CalWORKs.  A county that chooses to do telephone interviews can do face-to-face interviews on a case-by-case basis.  Those counties must provide a face-to-face interview if requested by the CalWORKs applicant or recipient. The county must have procedures in their county plan for conducting telephone interviews.

Telephone interviews must occur within seven working days of filing of the application.  If an applicant meets the immediate need interview requirements on the application, the telephone interview must occur no later than the next working day.

For telephone interviews, there are three ways counties can obtain signatures on documents.  The county can mail the documents to the applicant or recipient.  The county can use an interactive voice response system that has a PIN number that can act as an electronic signature.  In addition, if the application was filed online, the county can upload documents to the applicant or recipient’s online account.  A journal entry stating the client attested to the information is not sufficient.  CDSS provided a chart that outlines the county’s options regarding telephone interviews.  ACL 16-119 (December 30, 2016).