90 day suspension of redeterminations, CalWORKs clock stop, and public meeting requirements

Governor Gavin Newsom has issued an executive order regarding public benefits programs in California.  The executive order suspends otherwise required redeterminations for Medi-Cal, CalWORKs, CalFresh , Cash Assistance Program for Immigrants, California Food Assistance Program, and In Home Supportive Services for 90 days.

The executive order also stops the CalWORKs 48 month time clock through June 17, 2020.  Any month or partial month of CalWORKs received will not be counted toward California’s 48 month time on aid limit.

The Executive Order also suspends any requirement of physical presence in the Brown Act or the Bagley-Keene Act for meetings or local or state bodies.  Meetings of state or local bodies held via teleconference and allowing members of the public to observe and address the meeting shall satisfy any requirement that the body allow members of the public to attend the meeting and offer public comment.

The body must have a procedure for reasonable accommodations for persons with disabilities and advertise that procedure in each public meeting notice.  Requirements for notice of the time and agenda for meetings are unchanged, except that the notice of the time of the meeting must also give notice of how the public may observe and comment.  These public meeting provision apply as long as state or local public officials have imposed or recommended social distancing. (Executive Order N-29-20, March 17, 2020.)

New CAPI payment standard

The California Department of Social Services (CDSS) has issued the new payment standard for Cash Assistance Program for Immigrants (CAPI).  Effective January 1, 2020, CAPI grants will increase by 1.6% because the federal Supplemental Security Income Cost of Living Adjustment.

The amounts for presumed maximum value for in-kind support and maintenance, allowance for ineligible children in deeming situations, sponsor’s allocation in alien deeming situations and the allowance for parents in parent-to-child deeming situations will also increase by 1.6% effective January 1, 2020.  (ACIN I-71-19, December 2, 2019.)

Separation of SIU and eligibility determination functions

The California Department of Social Services (CDSS) has issued a reminder to counties that management of eligibility determination and program integrity investigation must be separate.

County Special Investigative Unit (SIU) staff is responsible for preventing and discovering fraud by applicants and recipients.  SIU staff must investigate fraud allegations.  County eligibility workers are responsible for referring cases to the SIU.

The SIU must be a separate organization, independent of organizations performing eligibility and benefit determination functions.  Counties must ensure separate and independent operation of eligibility and investigation activities.  SIU staff cannot dictate CalWORKs or CalFresh eligibility determinations but can make recommendations.  (All County Welfare Directors Letter May 1, 2019.)

CAPI text messages

The California Department of Social Services (CDSS) has issued instructions regarding text messages and enotices for the CAPI program.  This guidance implements AB 1957 for the CAPI program.

Counties are not required to communicate with clients using text messages but are encouraged to do so if they have the capacity to do so.  Counties or CAPI consortia that want to communicate with clients by text messages must get permission from the client in advance.  Questions have been added to the CAPI Statement of Facts and redetermination forms to facilitate getting permission for text messaging.  The client can withdraw permission for text messaging at any time.

Text messages sent to clients can only use the client’s first or last name and cannot include identifying information such as Social Security Number or case number.

If the county cannot accept return texts, the county’s text message must include do not reply language.

Notices of Action cannot be sent via text message.  The county can send a link to a secure online portal via text message for the client to obtain a Notice of Action.

Any automated text messages from county with a substantial number of non-English speakers must be sent in the client’s primary language.  When a translation is not feasible or when the language character set is not available on the client’s phone, the county must use an alternative form of communication.  (ACL 19-54, June 3, 2019.)

Revisions to CAPI forms SOC 804 and SOC 813

This ACIN has been superceeded by ACIN I-61-20, summarized here.

The California Department of Social Services (CDSS) has issued a revised versions of the SOC 804 and SOC 813 for the CAPI program.

The SOC 804 is the annual redetermination form.  Redetermination is done every 12 months and any time that the county becomes aware of a changes in the recipient’s circumstances.  Changes to the form include requiring an answer for the claimant’s preferred language, adding the question “Are you a victim of abuse” and adding questions to facilitate referrals for In Home Supportive Services.

The SOC 813 is the form for a determination of a request for the indigence exception to sponsor deeming.  In general, the income of a sponsor is deemed to the claimant for 10 years, regardless of whether the sponsor is actually providing support.  In some situations, a CAPI applicant or recipient who is not being supported by their sponsor and who therefore is unable to obtain both food and shelter, can have sponsor deeming suspended for 12 months.

The new Living Arrangements section of the form asks about whether the claimant receives food and shelter.  The indigence exception can apply if the claimant is unable to obtain both food and shelter.  In describing this section of the form, CDSS states as a matter of policy that someone who receives CalFresh benefits can obtain food and therefore is ineligible for the indigence exception.  The form also states that Section 8 housing assistance and other government housing subsidies are to be included in calculating cash and in kind contributions from others in determining eligibility for the indigence exception to sponsor deeming.  (ACIN I-34-19, May 16, 2019.)

CAPI end of social security number requirement for PRUCOL

The California Department of Social Services (CDSS) has issued a new SOC 814 Statement of Facts that includes ending the requirement for persons who are permanent residence under color of law (PRUCOL) to provide a Social Security Number as a condition of CAPI eligibility.  The change to the SOC 814 reflects CDSS’s policy change that persons who are PRUCOL are no longer required to have a Social Security Number as a condition of eligibility for CAPI.  All other CAPI applicants must have a Social Security Number.

CDSS made several other changes to the SOC 814 including adding an opt-in box to communicate by text messaging, changes to the sexual orientation and gender identity information questions and changing the language preference question to require an answer.

The revised SOC 814 also now includes the question “Are you a victim of abuse?”  CDSS directs counties to always refer the case to Adult Protective Services if the answer is yes, and that a yes answer should notify the county that the abuse exception to sponsor deeming might apply.  (ACIN I-35-19, May 16, 2019.)