Child Care

COVID-19 child care facility waivers

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The California Department of Education (CDE) has issued an emergency waiver for operation of temporary employer sponsored child care.  An employer that needs to immediately provide temporary employer sponsored child care may do so under the waiver if all terms of the waiver are met including that the employer contact their child care regional office for approval, that care be available only for children of the employer and officers, managers and employees of the employer, and the child care setting have age appropriate equipment.

CDSS has also waived child care facility and TrustLine provider requirements.  A family child care home, day care center, school-age center or infant care center may waive staff to children ratios as long as health and safety of children is not compromised.  The ratio of child to staff in a family child care home shall be no more than 10:1.

A child care facility, not including a large family child care home, may waive capacity requirements if there is an immediate need for child care in the facility’s area because of school closures as a result of COVID-19, as long as staffing remains sufficient to meet the health and safety needs of children in care.  Capacity for small child care homes shall not exceed 14 children.

A TrustLine provider may care for children of more than one family at a time as long as the provider is able to meet the needs of children in care and capacity does not exceed a ratio of children to provider of 10:1.

New staff at a licensed facility, or a new TrustLine provider, may start caring for children immediately upon submission of a request to transfer a current CDSS criminal record clearance or exemption, and child abuse clearance.

New staff at a licensed facility can begin caring for children upon submission of a criminal record clearance and child abuse clearance from a school district, state or local government agency.  Within 5 days of starting work, the new staff must LiveScan.

New staff may start working immediately if they submit proof of TB clearance within the last year.  New staff must arrange to obtain current TB clearance.

New staff may start work as soon as they provide proof of completion of first aid training.  New staff shall be trained on specific tasks they will be performing and may not be unsupervised while children are present.  Initial training requirements must be met within 30 days of starting employment.

Application fees for TrustLine registration are waived.

These waivers shall remain in effect until the end of the Governor’s Proclamation of State of Emergency.  (PIN 20-004-CCP, March 16, 2020.)

COVID-19 changes to Stage 1 child care attendance and reporting requirements

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The California Department of Social Services (CDSS) has issued guidance regarding changes to attendance and reporting requirements because of COVID-19.  These changes were enacted by SB 117 which waives specific attendance and reporting requirements for CalWORKs Stage 1 child care.  CDSS also waives these requirements for Emergency Child Care Bridge Program for Foster Children.  This waiver will remain in effect until June 30, 2020 unless changed by the legislature.

Providers who are closed because of COVID-19 and are not able to submit their monthly attendance record or invoice shall be reimbursed based on the total certified authorizations, either part-time or full-time.  License-exempt providers shall also be reimbursed based on the maximum authorized hours of care.

Contractors that have closed because of COVID-19 may be reimbursed for up to 30 days after closure.  Providers that remain open shall submit attendance records or invoices based on current reporting policy.  Providers may submit an invoice or attendance record without the parent signature if the parent is unavailable to sign because of COVID-19.  Regardless of attendance, these providers shall be reimbursed based on child-care authorizations.

Families who need services but whose usual provider is closed can select an alternative provider that will be paid. Alternate providers shall be paid even when the regular provider has a paid day of non-operation.  (All County Welfare Directors Letter, March 19, 2020.)

The California Department of Education states that same policies apply to Stage 2 and Stage 3 providers.  (Management Bulletin 20-04, March 18, 2020.)

COVID-19 temporary waiver of family child care fees

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Effective April 1, 2020 for April, May, and June, 2020, all family fees for California Department of Education child care programs are waived.  Contractors must suspend collecting any family fees as of April 1, 2020 and must notify families that fees for April, May and June are waived.  Alternative Payment contractors that require providers to collect family fees directly must direct providers to suspend collecting these fees.

Contractors that are continuing to certify or recertify while family fees are waived shall continue to calculate the appropriate family fee and state the fee on the Notice of Action.  The Notice must also state that the fee is waived for April, May and June.

For families that have a delinquent family fee plan, contractors shall place the plan on hold for April, May and June.  Families must not be terminated because of outstanding fees owed during this time.  Delinquent family fee plans will resume in July, 2020.  Family fees waived for April, May and June shall not be included in the delinquent fee plan.  (Management Bulletin 20-05, March, 2020.)

CDSS guidance regarding COVID-19

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The California Department of Social Services (CDSS) has issued guidance regarding the impct of COVID-19 on CalWORKs, CalFresh, housing and homelessness programs, and Refugee Cash Assistance.  Counties must ensure continuity of and safe access to services during pandemic conditions or periods of social distancing.

Current CalWORKs recipients are eligible for waiver of existing rules regarding homeless assistance, including the once-every-12-months limit.

Counties are encouraged to explore Diversion eligibility.  Diversion is designed to address a specific crisis or item of need and may be appropriate for affected families.  People who receive diversion are not subject to work requirements or child support assignment.  However, Diversion payments count toward the 48-month time on aid clock.

For CalWORKs applicants, when evidence concerning eligibility does not exist, the applicant’s sworn statement under penalty of perjury is sufficient except for verification of U.S. citizenship or immigration status, and medical verification of pregnancy.  Written statement is also acceptable to establish residency for the forseeable future.  The photo identification requirement is unchanged, meaning that if the applicant cannot present photo identification within 15 days of application, aid shall continue if the applicant presents evidence of good faith efforts to obtain photo identification.  Income rules remain the same.  Some persons impacted by school or work closures will no longer have an income that is reasonably anticipated.

For CalWORKs, counties can conduct interviews telephonically or by electronic means.  Counties that want to implement electronic/telephonic interviewing now because of COVID-19 can contact CDSS for immediate approval, and must submit a plan to CDSS within one week of implementation.

Counties may provide welfare-to-work good cause or exemptions in response to COVID-19. Good cause determinations should be made on a case-by-case basis.  However, counties can implement county-wide good cause to avoid face-to-face interactions to mitigate COVID-19.

Child care providers may not be reimbursed for days on which the provider is not operating unless that provider has a paid day of non-operation and can provide documentation that contractual terms require parents to pay for days of non-operation.  Reimbursable days of non-operation are limited to 10 days per fiscal year.  Payments to alternative providers when regular providers are not operating are limited to 10 days per child per fiscal year.  Counties must pay for child care on behalf of the client when the child is ill for during excuses absences for illness or quarantine.

For CalFresh, counties should promote online, phone or mail-in applications.  Counties should conduct as many interviews as possible by phone.  Counties should fulfill EBT card replacement requests by phone or mail as often as possible.

Counties must ensure that they are granting maximum allowable CalFresh certification periods.  Counties should maximize use of existing databases for verification.  If a household cannot provide required verification because of unusual circumstances, self-certification can be used.

Counties can exempt households from certain requirements for good cause.

If county offices close during regular business hours, they must make it possible for individuals to apply for and receive CalWORKs and CalFresh, including emergency benefits, within time frames required by state and federal law.  Counties must also provide notice of hours of operation, and procedures during closure hours for applying for and receiving benefits.  These procedures must include making applications available and providing a drop-box or mail slot for filing applications.  Such applications must be deemed to have been filed on the date of the county closure.  Counties must maintain sufficient staff to accept and act upon all applications, and telephone staff to accept and act upon all applications as if they were made in person.  This includes making immediate need available no later than the third calendar day following the application date.

Refugee Cash Assistance and Refugee Support Services will use the CalWORKs guidance.  (ACWDL, March 12, 2020.)

Immediate and continuous child care eligibility

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The California Department of Social Services (CDSS) has issued directions implementing immediate and continuous child care eligibility.  Effective October 1, 2019, counties must approve child care concurrently with CalWORKs cash aid and authorize child care for 12 months or until CalWORKs recipients are transferred to Stage Two.  Child care shall be authorized full time, that is 30 or more hours per week, unless the recipient requests part-time care.

Stage One recipients no longer need to recertify child care eligibility more than once every 12 months unless child are needs increase, they have a new child who needs care, they have changed child care providers or the eligible child becomes ineligible.

Once a family is determined eligible for CalWORKs they will receive a 12-month Stage One Child care authorization except for families with no aided adults, and newly approved recipients who are exempt from welfare-to-work and do not indicate a desire to voluntarily participate.  Exempt recipients who declare an intent to participate and sign a welfare-to-work plan will be eligible for immediate and continuous child care.

If a mandatory welfare-to-work participant stops participating in their activity, child care services continue for the remainder of the authorization period or until child care authorization is discontinued.  Parents sanctioned after being authorized for child care shall remain eligible until the 12-month period is concluded or they are transferred to Stage 2.  Parents sanctioned before October 1, 2019 who received CalWORKs in the last 24-months are eligible for State Two. Sanctioned parents who indicate an intent to cure their sanction are eligible for immediate and continuous child care effective at the time they communicate their intent to cure.

Recipients with a domestic violence waiver remain eligible for continuous child care regardless of their welfare-to-work participation.

Immediate and continuous child care eligibility will not be granted to two parent families in which one parent is able and available to provide child care.

Counties must verify that suitable child care has been authorized and secured before mandating participation in any activities.  Counties must provide written notice that participants have 30 days to confirm that child care has been secured before participation is mandatory.  The notice should include information about how to get help finding child care.  If the county has not been informed that child care has been secured after 15 days, the county must contact the participant to help secure child care.

License exempt providers who are not exempt from TrustLine must complete registration prior to being paid.  Once TrustLine registration has occurred, the provider can receive retroactive payments for up to 120 days from the date CalWORKs services were requested or services provided, whichever is later.

Immediate and continuous child care can be discontinued only if the recipient is transferred to Stage Two and the county receives confirmation of Stage Two enrollment, the participant exceeds income eligibility of 85% of the state median income for their family size, or if an exempt participate initially volunteers but later decides not to participate and does not sign a welfare-to-work plan.

When determining eligibility for diversion services instead of CalWORKs, counties must consider the adequacy of the applicant’s child care arrangements.  Stage Two child care can be provided to diversion recipients when a funded Stage Three space is not immediately available.

Counties must provide written notice of availability of child care several times throughout their time on CalWORKs.

Stage One must continue until confirmation is received from the Stage Two administrator that child care is provided in Stage Two unless a family is otherwise ineligible.  Practices to improve the transfer process between Stage One and Stage Two include ongoing communication between the Stage One and Stage Two administrators, confirmation of transfer before Stage One is discontinued, and transferring data elements.  The case is transferred to Stage Two when the Stage Two contractor received all nine data elements from the county welfare department or Stage One administrator and has notified the transferring contractor in writing or by email that the nine data elements are complete.

Beginning no later than January 1, 2021, county welfare departments shall provide limited, read-only, online access to SAWS systems including a single summary page that contains current data needed to enroll a family in CalWORKs child care or transfer a family between stages.

Beginning no later than January 1, 2021, county welfare departments must provide Stage Two contractors a monthly report of all families for which the parent’s cash aid has been discontinued, the parent has not received aid in the last 30 days and the parent has children in the home who are potentially eligible for child care.  (ACL 19-99, October 4, 2019.)

Separation of SIU and eligibility determination functions

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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.)