COVID-19 waived Regional Center requirements

The Department of Developmental Services (DDS) has issued a directive to Regional Centers waiving certain requirements of the Lanterman Act because of COVID-19.

Any requirements for in-person meetings to determine eligibility or service coordination for the Early Start program are waived.  Regional Center may conduct evaluation, assessment and coordination by remove electronic communication.

Requirements for in person Early Start services waived. Early Start services may be provided by remote electronic communication.

Lanterman Act requirements for in-person attendance at Individual Program Plan meets or other meetings related to delivery of services is waived.

Regional Center Executive Directors are delegated authority to grant rate adjustments for residential services and/or supplemental services in residential settings to protect a client’s health or safety because of COVID-19.  (Regional Center Executive Directors Letter, March 12, 2020, extended to May 11, 2020.)

COVID-19 sick leave for IHSS providers

The California Department of Social Services (CDSS) has issued information to counties about the two weeks of emergency paid sick leave in the Families First Coronavirus Response Act for In Home Supportive Services (IHSS) and Waiver Personal Care Services (WPCS) providers.  An IHSS or WPCS provider may request sick leave from April 2, 2020 until December 31, 2020 if the provider is unable to work because of one of six listed COVID-19 related reasons.

If the provider normally works 160 hours or more per month, they are entitled to 80 hours of COVID-19 sick leave.  If the provider works less than 160 hours per month, the county must calculate an average of monthly paid hours for the previous six months, and divide that by half to determine the number of hours of sick leave.  If the provider has less than six months of employment, the county uses the available employment history.  If the provider has less and two weeks of payroll history, counties will use the authorized hours for this calculation.

When a provider needs to take COVID-19 sick leave, they should contact the recipient and tell them they will be out sick and to advise them to contact the county, or for WPCS, the Department of Health Care Services, for assistance.  The provider should then complete the COVID-19 sick leave form, TEMP 3021.

CDSS will inform all IHSS and WPCS recipients and providers about COVID-19 sick leave by mailing two informational notices.  (ACL 20-40, April 14, 2020.)

COVID-19 and Resource Family Approval

The California Department of Social Services (CDSS) has provided guidance for operating the Resource Family Approval (RFA) program during COVID-19.  Interviews for family evaluation, including the applicants and children in the home, may be done by videoconference.

Capacity requirements for resource families or applicants may be waived if there is an immediate need for placement of additional children because of isolation or quarantine requirements. There may not be more than 6 foster children in a home unless there is an exception to the federal capacity limit.

A county may waive home and grounds requirements related to bedroom sharing and use of common areas for sleeping as necessary because of COVID-19.

If an RFA applicant cannot complete pre-approval training but has completed all other RFA requirements, the family may be approved and pre-approval training completed within 180 days of approval.

For complaints alleging behavior that serious endangers health or safety of a child in care, the county must conduct an in-person visit.  For complaints that do not pose an immediate health or safety risk, investigations may be opened and conducted by phone or video.

If a resource family has a 12-month approval update due, the family may complete it up to 180 days after the due date.

If a resource family asks to end inactive status in order to take immediate placement of a child, the county may complete the emergency placement process.  The county can extend the timeframe to get required updates to 90 days.

Counties are encourage to allow RFA applicants to submit scanned copies or photographs of documents.  If that is not available, counties may accept self-attestation of all required information.

Protocol for out of county placements is unchanged.  (ACL 20-43, April 17, 2020.)

COVID-19 supporting emergency care and placement

The California Department of Social Services (CDSS) has provided guidance regarding new placement and funding flexibility to support emergency care and placement of children and nonminor dependents because of COVID-19.  If there is no other placement available, counties may use the emergency placement process to allow placement with an unapproved family.  These placements must include in-home inspection of the potential home, and California Law Enforcement Telecommunications System (CLETS) and child abuse checks.  The in-home inspection must be done in person.  The caregiver must complete and sign the criminal history disclosure form.

If local live scan services are not reasonably available, the time for the caregiver to submit fingerprints can be extended up to 90 days after the end of the shelter in place order.

Emergency caregivers are eligible for emergency caregiver funding.  This funding shall continue if approval exceeds 365 days because of delay in the Resource Family Approval process because of COVID-19.

Children who are exposed to, test positive for or present symptoms of COVID-19 may temporarily need a higher level of medical care and supervision.  CDSS authorizes paying a higher rate when the child requires isolation or quarantine because of COVID-19 and as a result there are increase care and supervision needs, or the child requires a new placement because of COVID-19.

Children in a Short-Term Residental Therapeutic Program may need to be moved.  If the higher rate is insufficient to find a placement for these children, the county is authorized to negotiate a rate for a family willing to accept the child.  (ACL 20-44, April 17, 2020.)

COVID-19 individual stimulus payment for dependents of Social Security, SSI and VA benefits

The Internal Revenue Service (IRS) has issued a special alert that Social Security and Railroad Retirement recipients who enter information on the IRS portal by noon Eastern time on April 22, 2020 can get the $500 per dependent payment at the same time as their individual stimulus payment.  After noon Eastern Time on April 22, 2020, Social Security recipients the will no longer be available to enter dependent information.  After noon Eastern time on April 22, 2020, Social Security and Railroad Retirement recipients will only be able to get the $500 per dependent payment by filing a tax return and the $500 per dependent payment will be issued sometime after the $1,200 individual payment.

SSI and VA benefits recipients will have more time to enter dependent information into the portal.  Their deadline has not yet been determined.  Note that a Social Security press release states that the deadline will be in April.  After that deadline, SSI and VA benefits recipients will need to file a tax return to get the $500 per dependent payment.  (IR 2020-76, April 20, 2020.)

COVID-19 and Extended Foster Care

The California Department of Social Services (CDSS) is extending the Extended Foster Care program for nonminor dependents currently in Extended Foster Care who turn 21 on or after April 18, 2020 until June 30, 2020.  Before a nonminor dependent reaches their 21st birthday, counties should discuss this temporary extension with the nonminor dependent to determine if they want it.

Counties should be flexible with nonminor dependents who cannot meet eligibility criteria because of COVID-19.  In general, nonminor dependants must be either completing secondary education or in a program leading to an equivalent credential, enrolled in college or vocational education, participating in a program to promote or remove barriers to employment, be employed for at least 80 hours per month, or be incapable of doing other activities because of a medical condition.

Nonminor dependents who have lost their jobs or had their education disrupted remain eligible for Extended Foster Care.  Nonminor dependents who are doing distance learning remain eligible for Extended Foster Care.  Nonminor dependents remain eligible if they cannot participate because of COVID-19 but are doing programs to promote or reduce barriers to employment or have a medical condition that prevents them from participating.  Medical conditions can be short or long-term.  Written verification from a health care practitioner can be obtained after social distancing orders are lifted.

If eligibility cannot be maintained using this flexibility, placements must be continued until June 30, 2020.

Nonminors ages 18 to 21 requesting entry or re-entry into Extended Foster Care must continue to be served.  A nonminor’s inability to meet participation requirements because of COVID-19 is not a reason to deny entry or reentry.  Forms must still be completed but they can be temporarily done without a face-to-face meeting.

Nonminor dependants who have housing disruptions, including living in a college dormitory, must be given assistance in finding a safe and appropriate housing option.  (ACL 20-45, April 18, 2020.)