Questions and answers regarding Family Stabilization Program

CDSS has issued 15 questions and answers about the Family Stabilization Program (FSP). FSP provides intensive case management services to CalWORKs Welfare-to-Work (WTW) participants who are experiencing an identified situation or crises. The program is described in ACL 14-12 . Among other items, the questions and answers clarify that FSP services are available to adults who are exempt from WTW participation, and adults in the family who are not included in the assistance unit if there is at least one mandatory WTW participant in the family.

Regarding FSP plans, the questions and answers clarify that a client in sanction status can use an FSP plan to cure their sanction, and each adult in a household must have a separate FSP plan. CDSS also clarified that FSP is not mandatory. In addition, CDSS states that if a client has a crisis outside of the scope of a county’s FSP plan, the county should still assess such clients for WTW exemption and provide services for removal of barriers to WTW participation outside of the FSP program. ACIN I-64-15 (7/29/15)

CalWORKs and CalFresh verification requests

In response to a request submitted by Legal Services of Northern California in 2009, CDSS has reiterated that counties must assist clients in obtaining information, including assistance in obtaining a Social Security Number and card. CDSS stated that if an application is unable to obtain a Social Security Number and card within 30 days of application, CDSS must evaluate the circumstances for good cause. In addition, CDSS stated that counties cannot require a printout from the Social Security Administration as proof of an applicant’s Social Security Number

CDSS also stated that the CW2200 Request for Verification form is a mandated form and must be used by counties. The CW2200 lists information that an applicant must provide and lists types of proof that an applicant can submit to verify particular information. The CW2200 also states that clients can request help from the county in obtaining verification and that counties can pay costs of obtaining verification when necessary. ACIN I-24-15 (4/13/15) and I-24-15E (5/5/15)

Guidance on pregnancy and young child exemptions

CDSS has clarified that temporary illness from pregnancy is good cause for non-participation in Welfare-to-Work. If a pregnant participant is unable to participate in Welfare-to-Work activities for at least half of her participation requirement in a month, that month does not count toward the 24 month time clock. If pregnancy significantly impairs a woman’s ability to participate in
Welfare-to-Work for at least 30 days, she can be exempt from Welfare-to-Work for disability.

CDSS has also reminded counties of the one-time young child exemption that allows an exemption for a parent or caretaker relative caring for a child under age 23 months to be exempt from Welfare-to-Work. In addition, a parent caring for a child under age six months can be exempt from Welfare-to-Work once and exempt for 12 weeks for subsequent children.

In addition, CDSS reminded counties that Civ. Code Section 43.3 and SB 252 allow a mother to breast feed her child in any public or private location, including a county welfare department office. ACIN I-38-15 (6/3/15).

Extension of CalWORKs eligibility to former foster youth

AB 12 (2010) created CalWORKs eligibility for certain people who were previously in foster care. The program is called the non-minor dependents program. In general, people who were previously in foster care are entitled to extended CalWORKs eligibility if they are completing high school or are in a program leading to a high school equivalent degree, enrolled at least half time in college or vocational education, participating in a program to remove barriers to employment, employed at least 80 hours per week or disabled. CDSS issued regulations implementing the non-minor dependents program and summarized the changes in the regulation package. ACIN I-01-15 (1/28/15).

Policy on fraud investigation requests for school records

CDSS has issued a policy about when a county welfare department or fraud investigator can request school records as part of an investigation. Welf. & Inst. Code Section 11484 requires state and local agencies to cooperate with welfare fraud investigations. However, the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. Section 1232g, protects the privacy of student education records.

CDSS stated that because of FERPA, county welfare departments and welfare fraud investigators can only request what is defined as directory information from a school absent written consent from the student’s parents, a court order or a subpena. CDSS directed county welfare department staff and welfare fraud investigators to cease requesting information from schools other than directory information without parental consent, a court order or a subpoena. ACL 15-47 (6/17/15).

MBSAC cost of living increase

Effective July 1, 2015, the CalWORKs Minimum Basic Standard of Adequate Care (MBSAC) increased by 2.54%. The MBSAC is the maximum amount of income an assistance unit can have, after income deductions, and be eligible for CalWORKs. The increase is the cost of living increase required by Welf. & Inst. Code Section 11453. This cost of living increase also increased the Income-In-Kind (IIK) level by 2.54%. The IIK level is the value assigned to free housing, utilities, clothes or food.

These increases also apply to Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crime Victims Assistance Program benefits. The California Department of Social Services issued a chart showing the new MBSAC and IIK amount. ACL 15-52 (6/5/15).