Civil rights obligations to people who are deaf or hard of hearing

County Welfare Directors (CWD) are legally required to ensure that communication with Deaf and Hard of Hearing (DHH) individuals is just as effective as communication with individuals without disabilities. DHH obligations include applicants for services and their companions, such as family members, friends, or associates. Written notes and lip reading are not effective or reliable forms of communication for most DHH individuals.

To ensure effective communication, CWDs must provide auxiliary aids and services promptly. Examples of aids and services include qualified interpreters, notetakers, captioning, and telecommunications devices. DHH individuals can choose which auxiliary aid or service they prefer.

Documentation of services provided to DHH individuals must be detailed and meet requirements for both language access and disability accommodations. Counties cannot charge for auxiliary aids and services.  CWDs must ensure that DHH individuals can obtain information about the existence of services. Best practices include visible posters informing the right to interpreter and including information about language access on websites or notices.

When an individual with a disability requests specific auxiliary aid or service, the CWD must give primary consideration to that request. CWDs must grant the individual preferred aid unless the preference causes undue administrative burdens, fundamentally alters the service, or an equally effective alternative is available. Denials must be approved by the County Welfare Director or their designee and documented with a written statement explaining the reason for the denial. In all cases, the CWD is responsible for offering effective alternative means of communication. There is no limit on the number of disability requests an individual can submit and no specific timeline for making these requests.

CWDs are required to provide interpreters when requested. Interpreters may include American Sign Language (ASL) interpreters, deaf Interpreters, tactile interpreters, or cued-speech transliterators, depending on the individual’s needs. Importantly, CWDs must not require or pressure individuals to bring their own interpreters. Only under minimal circumstances—such as emergencies involving imminent safety threats or when the individual voluntarily chooses to use an accompanying adult—is it acceptable to rely on a non-staff interpreter. Situations where it would be inappropriate for a guardian to provide effective communication include an interview with a child during a Child Protective Services (CPS) investigation. Children should never be used as interpreters except in genuine emergencies when no other options are available.

The California Department of Social Services (CDSS) encourages CWDs to establish contracts with Video Remote Interpretation (VRI) providers to help the CWD fulfill its obligation to provide timely services. VRI allows remote interpreters to facilitate communication via videoconferencing and can be helpful in situations where in-person interpreters are unavailable. However, VRI is not always suitable for every circumstance, especially when a DHH individual has low vision or when visual cues and body language are crucial for communication. Even when VRI is available, CWDs must prioritize the individual’s preferred communication method.

When communicating by phone, CWDs are required to create accessible telecommunication systems, including Video Relay Services (VRS), Text telephones (TTY), and captioned telephone services. However, telecommunication services are not a substitute for in-person interpreting services and should only be used when effective communication can occur by telephone.

CWD staff who interact with the public must receive civil rights and disability accommodation training upon hire and at least annually thereafter. This includes training in requesting interpreters, use of assistive technologies, and proper documentation procedures. In programs involving home visits, such as Child Welfare or CalWORKs, staff must plan to arrange interpreters or bring necessary tools to ensure effective communication off-site. If an interpreter cannot be secured in advance, visits should be rescheduled, except in programs that involve unannounced visits. In such cases, staff must be trained in obtaining real-time interpreter support.

CWDs must consider the unique needs of DHH children in out-of-home placements. For instance, assisting DHH children with communication through Resource Families and contacting individuals outside the home, such as relatives, social workers, or attorneys. Staff should be aware that family members may not be fluent in (ASL), which may necessitate the use of interpretation during visits. (ACIN I-39-24, September 17, 2024.)

New CAPI Indigents Exception form

The California Department of Social Services has released a new SOC 813 form to request the Indigents Exception to sponsor deeming for the Cash Assistance Program for Indigents (CAPI).  The new form includes options for when the CAPI applicant or recipient lives with people other than their sponsor and pays for both food and shelter, when the CAPI applicant or recipient lives with people other than their sponsor and pays for either food or shelter but not both, and for when the CAPI applicant or recipient lives with people other than their sponsor and receives free food and shelter.  In any of those situations, the county proceeds with the indigents exception determination.

Beginning July 1, 2025, counties can accept only the new form.  (ACIN I-19-25, May 29, 2025.)

CAPI redeterminations while in suspense status

Cash Assistance Program for Immigrants (CAPI) recipients must have their eligibility redetermined every 12 months.  If an individual’s CAPI benefits are suspended the individual has 12 months to resolve the issue and have benefits reinstated.  CAPI benefits can be suspended when the recipient does not take action needed for their eligibility such as submitting mandatory paperwork.  Benefits are also suspended when recipients are temporary over the CAPI income or resource limit.

If a redetermination is scheduled while a CAPI recipient’s benefits are suspended, the redetermination is delayed until after the suspension is resolved and the recipient is returned to pay status.  After the suspension is resolved, the annual redetermination is initiated immediately.  If there is already a scheduled redetermination, it should be completed as scheduled.

If the recipient does not resolve the issue that caused the suspension within 12 months, the individual must reapply for benefits.

Note that verification of SSI ineligibility because of immigration status is acceptable within six month of being issued.

The county has 30 days from receiving the redetermination packet to decide the redetermination.  (ACL 25-21, April 1, 2025.)

CAPI changes to in-kind support and maintenance, and overpayment recovery changes

The California Department of Social Services (CDSS) has informed counties of several changes to the Cash Assistance Program for Immigrants.  These changes are because of changes in federal Supplemental Security Income policies that the CAPI program follows.

Effective October 1, 2024, CAPI recipients who live with at least one other household member who receives one or more Public Income Maintenance Payments are not subject to the in-kind support and maintenance deduction for shelter assistance received from anyone inside the household.  The in-kind support and maintenance deduction is a reduction in benefits because of non-cash assistance the CAPI recipient receives.  The in-kind support and maintenance deduction still applies to shelter assistance received from outside the household.

Food is no longer counted as in-kind support and maintenance.  Only shelter can be considered in-kind support and maintenance.

Counties must evaluate all CAPI cases at least once on the 12-month period after October 1, 2024.  Counties must determine whether there is an underpayment of benefits because of this change at that evaluation.

Counties must exclude any Public Income Maintenance payments from any income from a spouse who is ineligible for CAPI or SSI that is counted in determining the amount of CAPI benefits.

Repayment plans for CAPI overpayments can now be up to 60 months.  Counties must continue to try to negotiate a recovery rate that will repay the overpayment within 12 months, counties may approve repayment agreements up to 60 months when requested.   (ACL 24-93, December 20, 2024.)

CAPI requirement to apply for SSI

To be eligible for the Cash Assistance Program for Immigrants (CAPI), an individual must be ineligible for Supplemental Security Income (SSI) solely because of their immigration status.  To remain eligible for CAPI, the recipient’s eligibility for SSI must be redetermined every 12 months.

Noncitizens who meet the definition of “qualified alien” for SSI must be referred to the Social Security Administration to apply for SSI annually.  As of March 9, 2024, “qualified alien” includes citizens of the Compact of Free Association states.  This also includes victims of human trafficking who have received a certification letter from the federal Office of Refugee Resettlement.

When the county determines that a CAPI applicant or recipient is not a “qualified alien” they must not be referred to the Social Security Administration to apply for SSI.  This includes U Visa applicants or holders, asylum seekers, or another PRUCOL status.  Counties must investigate a CAPI applicant or recipient’s immigration status prior to referring them to apply for SSI.

A CAPI applicant or recipient who does not apply for SSI within 30 days of being told to do so by the county is not eligible for CAPI unless they have good cause for not applying for SSI.  In this circumstance, counties must complete the SSI application with the Social Security Administration, if possible, or must otherwise initiate the SSI application process.

The California Department of Social Services states several ways that CAPI applicants or recipients can verify that they have are ineligible for SSI or have applied for SSI.

When a CAPI recipient naturalizes, they are no longer eligible for CAPI.  However, CAPI can conditionally continue for recipients who naturalize while receiving benefits, as long as they remain otherwise eligible, request conditional benefits, apply for SSI, and cooperate with the Social Security Administration.  (ACIN I-13-25, March 18, 2025.)

Update about EBT card mass replacement with chip/tap card

The California Department of Social Services (CDSS) issued an update about the replacement of current EBT cards with chip/tap cards.  This is an update to ACWDL June 6, 2022, summarized here.

Replacement of county administrative equipment was completed in Summer, 2024.  Mass replacement of all current EBT cards with chip/tap cards is expected to begin in early 2025.

The new cards will be mailed in three phases.  The first phase will be combined CalWORKs and CalFresh cases, GA, RCA, TCVAP, CAPI and LIHEAP.

SunBucks and Women, Infants and Children benefits will not be moved to the new chip/tap cards.

Counties must continue to order the current magnetic stripe cards and equipment to ensure that they remain fully stocked until chip/tap cards are deployed.

Prior to mass mailing of the chip/tap cards, counties will get a list of unhoused cardholders who have their mailing address listed as the county welfare department.  The list is intended to support triage for those clients.

During either the Semi-Annual Report or Recertification/Redetermination interview, county workers should tell cardholders to promptly activate their new cards.  One successful transaction with the new card will deactivate the old card.

Cardholders will have 180 days after issuance of the chip/tap card to activate it before the old card becomes unusable.  (ACWDL December 19, 2024.)