CFAP

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

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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.)

End of CalFresh Comparable Disqualification

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Previously, California imposed a comparable CalFresh disqualification when an individual was sanctioned for noncompliance with CalWORKs welfare-to-work, Unemployment Insurance, or substitute programs such as General Assistance and Refugee Resettlement programs participation requirements.  Effective May 15, 2025, the California will no longer impose the comparable disqualification for CalFresh or the California Food Assistance Program.

When an individual does not comply with participation requirements of CalWORKs, Unemployment Insurance, or substitute programs, the CalFresh allotment cannot increase because of the decreased CalWORKs grant.  CalFresh can increase if the individual becomes ineligible for CalWORKs for another reason, or the household’s CalWORKs case is closed.

Individuals who were disqualified from CalFresh because of a comparable disqualification may participate without completing the sanction.  One person households must reapply.  Existing households can request to add the individual to the household.

Counties must continue to ensure that CalFresh recipients who do not comply with participation requirements of CalWORKs, Unemployment Insurance, or substitute programs are registered for work unless they are exempt.

Individuals who do not comply with CalFresh work registration requirements without good cause may be disqualified if they not exempt.  Work registrants must participate in an Employment and Training Program (which is voluntary in California), provide enough information to determine employment status or availability for work, report to an employer when referred by the county, accept an offer of suitable employment, and not voluntarily quit a job of 30 or more hours a week, earning the equivalent of Federal minimum wage for 30 hours per week, or reduce work to less than 30 hours per week without good cause.

Good cause for noncompliance with CalFresh work registration is circumstances beyond the individual’s control, including, but not limited to: illness, illness of another household member that requires the work registrant’s presence, a household emergency, lack of adequate child care for children age 6 to 11, lack of transportation, declaration of disaster, language barriers, discrimination or workplace rights violations, or unpredictable or inconsistent employment hours.  Verification of good cause is not required unless the good cause is questionable.

Counties must screen for CalFresh work registration exemptions before imposing a disqualification.  Individuals are exempt from CalFresh work registration when they are: under age 16 or over age 59, a 16 or 17 year old who is attending school or enrolled in a training program on at least a half-time basis, physically or mentally unfit for employment, complying with CalWORKs work requirements, parent of a child under age 6, responsible for care of a disabled person, applying for or receiving Unemployment Insurance, a regular participant in a drug or alcohol addiction treatment and rehabilitation program, employed or self-employed for at least 30 hours per week or earning the equivalent of Federal minimum wage for 30 hours per week, or enrolled in a school, training program or institution of higher learning on at least a half-time basis.

If an individual is disqualified from CalFresh, the disqualification period is one month for the first disqualification, three months for the second disqualification, and six months for the third or subsequent disqualifications.   Counties cannot count prior comparable disqualifications for future disqualifications.

A household is ineligible for Modified Categorical Eligibility if the head of household does not comply with work requirements.  This means that these households must meet the CalFresh resource limit.

A CalFresh disqualification period can end when the period ends and the work registrant meets work registration requirements, the disqualified person complies during the disqualification period, or the disqualified person qualifies for an exemption during the disqualification period.  When the disqualification period ends, one person households must reapply, and existing households can request to add the individual to the household.

Counties must issue a notice within 10 days of discovering CalFresh work registration noncompliance, and must provide notice at least 10 days prior to imposing the disqualification.  (ACL 25-32, May 15, 2025.)

CalFresh Minimum Nutrition Benefits pilot

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The CalFresh Minimum Nutrition Pilot (MNP) will provide 12 months of state funded food assistance to eligible households receiving less than sixty dollars ($60) from CalFresh or California Food Assistance Program (CFAP). Eligible households will receive no less than sixty dollars when the MNP benefit is combined with either CalFresh or CFAP.  The implementation will occur when  automation is complete in the California Statewide Automated Welfare System. When MNB starts, it will be subject to available funding. Households that are eligible for this program are:

  • Meeting the Elderly Simplified Application Project,
  • Receiving monthly food benefits of less than sixty dollars, and
  • Having two or more CalFresh eligible members in the household.

To participate in the MNB program, households must be already receiving CalFresh or have a pending application approved with a set beginning date of aid on or before the MNB start date. Households getting less than sixty dollars due to repaying a CalFresh overissuance will be eligible for MNB and the overissuance reduction will be deducted from their final benefit amount. Households that are not eligible for MNB are:

  • Households that apply to CalFresh after the MNB start date,
  • If the household receives more than sixty dollars of benefits, but that amount is reduced to less than sixty dollars because of grant adjustment to recoup an overissuance,
  • Households in the Supplemental Nutrition Benefit program.

Once a household is eligible for MNB, they will have it for 12 months after the start date unless they lose access for any of these reasons: household is no longer eligible for CalFresh, household no longer has at least 2 CalFresh eligible members, and if they no longer qualify for ESAP. If the household has a CalFresh allotment of over $60, but that allotment is reduced because of overissuance recoupment, the households will not be eligible for MNB because full benefits from CalFresh have been put at $60.

Households that lose eligibility will lose the benefit in the next month following a timely notice. Households that lose eligibility for MNB but get it back without a break in aid they will be able to continue with the program. However, if they are discontinued from CalFresh and there is a break in aid before they can re-apply, they will not be able regain access to MNB. If the county determines that a household is eligible for more than sixty dollars through CalFresh, they will be ineligible for the MNB program and the county will correct the amount of CalFresh benefits they receive while removing them from the MNB program.

Counties may not use MNB benefits to repay CalFresh overissuance. If the county finds an error in CalFresh calculations, or there is an error in the MNB program, the county will have to re-calculate and determine the MNB amount. Any MNB errors must be corrected no later than June 30, 2026.

MNB benefits will be automatically transferred into the person’s EBT card. The person can use the funds in the same way as CalFresh and CFAP, including restaurant meal plan and market match. The county will provide forms for when a person is approved for MNB that are required to be filled out. The county will also provide a notice if services are discontinued from MNB. If there is a request for hearing, MNB benefits will not continue until there is a decision in the hearing.  (ACL 25-01, January 8, 2025.)

Benefits extension for Ukranian Humanitarian Parolees

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President Biden’s signing of The Ukraine Security Supplemental Appropriations Act, expanded resettlement assistance provided by The Office of Refugee Resettlement (ORR) to displaced Ukrainians and non-Ukrainians paroled to the U.S. The ORR updated its eligibility criteria and mainstreamed federal benefits for refugees.

The ORR identified 4 categories (A-D) of individuals displaced from Ukraine who are eligible for resettlement assistance and other benefits. Category A includes Ukrainian citizens or nationals paroled into the U.S. by the DHS between February 24, 2022, and September 30, 2024 (extended from September 30, 2023), for humanitarian reasons. Category B includes non-Ukrainian individuals who last habitually resided in Ukraine and who the DHS has paroled into the U.S. between February 24, 2022, and September 30, 2024 (extended from September 30, 2023). Category C includes spouses or children of those in categories A or B who were paroled into the U.S. after September 30, 2023. Category D includes parents, legal guardians, or primary caregivers of unaccompanied refugee minors or children from sections A or B, paroled into the U.S. after September 30, 2023.

Eligible Ukrainian parolees who enter the United States with parole between February 24, 2022 – September 30, 2023, date of eligibility is May 21, 2022, or date of parole whichever is later. For those who enter the United States between October 1, 2023 – September 30, 2024, their date of eligibility is April 24, 2024. These parolees remain eligible for ORR benefits and services until their terms end or they obtain a different status.

UHPs are exempt from their financial supporter’s income being used to determine eligibility for benefits. UHPs who apply for and receive Temporary Protected Status (TPS) remain eligible for ORR benefits. However, if an individual only has TPS they are not eligible for benefits.

To qualify for Refugee Cash Assistance (RCA) UHP’s must meet all eligibility requirements. CWDs must determine eligibility by reviewing immigration documents, the date of humanitarian parole, and other program-specific information. UHP applicants are also exempt from certain types of income and resource requirements. Additionally, UHP are not required to provide SSNs but if they choose to do so, they must be notified that providing it is voluntary along with information on how it will be used.

Eligible UHPs can receive federally funded CalWORKs benefits without the five-year restriction on public benefits and should be evaluated for state-funded assistance if necessary. UHPs should provide proof of SSN application within 30 days of applying for benefits. This requirement can be avoided if the county determines that good cause exists. Applicants are also subject to provisions of the Child Support Enforcement Program but can claim good cause if participation is not in the best interest of the child.

UHPs granted parole between February 24, 2022, and September 30, 2023, became eligible for CalFresh on May 21, 2022. UHPs paroled into the United States between October 1, 2023, and September 30, 2024, become eligible for CalFresh on April 24, 2024, or their date of parole whichever is later. UHPs paroled between October 1, 2023 and April 23, 2024 for the California Food Assistance Program (CFAP) if they have parolee status of one year or more.

UHPs who are aged, blind, or disabled and meet income and resource limits may qualify for SSI/SSP through the SSA. Counties should issue RCA benefits until SSI/SSP benefits are granted.  UHPs who qualify are also exempt from employment services.

CWDs are directed to review all denied applications submitted by potential UHPs on or after April 24, 2024, and determine if they are now eligible per the updated policy. If they are found to meet eligibility the CWD must retroactively provide approval for benefits.  (ACWDL, June 28, 2024.)

 

CalWORKs Stage 2 child care eligibility

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The California Department of Social Services (CDSS) has issued a clarification about eligibility for CalWORKs Stage 2 child care.  To be eligible for Stage 2 child care, families must either be 1) receiving CalWORKs, and the county determines they are stable in their welfare-to-work activity or transitioning off of CalWORKs, 2) have formerly received CalWORKs, or 3) formerly received a CalWORKs diversion payment and a funded space is not immediately available in Stage 3 child care.  Families who have never received CalWORKs or diversion are not eligible for Stage 2 or Stage 3 child care.

This clarification is necessary because of legislation that expanded eligibility for subsidized child care services to recipients of MediCal; CalFresh; California Food Assistance Program; Women, Infants and Children program; Food Distribution Program on Indian Reservations; Head Start; and Early Head Start.  However, CDSS has clarified that this expansion does not apply to Stage 2 and Stage 3 child care.

If an agency has enrolled a family into Stage 2 or Stage 3 child care who does not meet eligibility requirements, the contractor must transfer them to an Alternative Payment Program (CAPP) contract without a change or disruption in their services.  If the contractor does not have a CAPP contract, they must work with another local CAPP contractor and transfer the family with no disruption or change to their services.  (CCB 24-06, April 16, 2024.)

Non-work Social Security Number request form for CalWORKs, CalFresh and CFAP

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The California Department of Social Services (CDSS) has issued a new form to use when helping non-citizens get a Social Security Number (SSN).

CalWORKs applicants must have a SSN or or submit verification of their request for a SSN within 30 days of the date of application.  Counties must assist individuals in this process.  If the applicant cannot submit an application for a SSN because necessary documentation is not available, the county must determine if good cause exists.

Social Security will accept the new Non-Work Social Security Number Request Form (GEN 2101).  A wet signature of an authorized county management official or designee is required.  Counties can develop their own form, but only the GEN 2101 has been approved by the Social Security Administration.

For CalFresh, households must provide the SSN of each household member pr must provide verification of application for a SSN prior to certification.  A non-work SSN satisfies this requirement.  Counties may grant good cause for failure or refusal to comply with this requirement.  Household members granted good cause are eligible for one month after the month of application.  After that, good cause must be shown monthly.  Counties must assist in obtaining verification of good cause.  Delays because of illness, temporary absence or lack of transportation are not good cause.

The California Food Assistance Program (CFAP) uses the same rules as CalFresh except that trafficking victims, crime victims, and domestic violence survivors are not required to have a SSN.  When CFAP is expanded to all individuals over age 55 regardless of immigration status, applicants who do not have a SSN will be evaluated for eligibility based on all other criteria.  (ACL 24-44, June 26, 2024.)