COVID-19

VA request for foreclosure moratorium

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The Department of Veterans Affairs (VA) strongly encourages loan holders to establish a 60 day moratorium beginning on March 18, 2020 on completing foreclosures or initiating new foreclosures on loans.  VA regulations allow additional interest in a guarantee claim when termination is delayed by VA requested forbearance.

Loan holders should consider the impact of completing an eviction action when choosing to retain a property instead of conveying to VA.  VA requests holders not expose Veterans and their families to additional risk through an eviction action.  (Circular 26-20-8, March 18, 2020.)

IHSS reassessments during COVID-19

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The California Department of Social Services (CDSS) has authorized counties to suspend any scheduled In Home Supportive Services (IHSS) reassessments through June 30, 2020.  However, initial assessments must continue to be done face-to-face. Social workers should try to collect as much information as possible by telephone prior to the assessment to minimize the time spent in the applicant’s home.

Counties may continue to conduct reassessments by phone, but any adverse action shall not take effect until June 30, 2020.

Counties should prioritize activities related to applicants and recipients receiving timely authorization of services.  These activities include initial assessments, requests for reassessment because of change in condition or circumstances (including loss of alternative resources because of COVID-19), enrollment of providers, and answering phone calls from providers and recipients.  (ACL 20-26, March 24, 2020.)

Changes to CAPI procedures because of COVID-19

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The California Department of Social Services (CDSS) has announced temporary changes to the Cash Assistance Program for Immigrants (CAPI) because of COVID-19.  Until further notice, the CAPI face-to-face interview requirement is waived for CAPI initial applications.  Counties and CAPI consortia must accept CAPI applications by mail and telephone.  For telephone applications, county stall must read each question on the CAPI Statement of Facts and Statement of Household Expenses and Contributions to the applicant in their preferred language, using an interpreter as necessary and record the answers.  Counties and CAPI consortia can also complete the application process by videoconference.

For telephone applications, the county shall ask the applicant’s permission to sign the application as a proxy for the applicant to preserve the protected application date.  If the applicant refuses, the forms must be mailed to the county, and the protected application date is the date the county receives the signed application.  The Interim Assistance Reimbursement Form must be mailed to the applicant for signature.

For applications taken by phone or video, the country must determine eligibility without waiting for signed forms or requested verification.

CAPI redeterminations are suspended until June 16, 2020.  Counties are not required to go back and conduct redeterminations for individuals whose redermination period falls between March 18, 2020 and June 16, 2020.

Counties and CAPI consortia must continue to require CAPI applicants and recipients who are qualified aliens to apply for SSI, and should direct them to telephone their local Social Security office.  The Social Security Administration has agreed to transmit SSI denials letters to counties by email.  (Program Manager Letter, March 20, 2020.)

Interim housing and homeless program guidance on COVID-19

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The California Department of Social Services (CDSS) has issued guidance regarding CDSS housing and homeless programs for COVID-19.  The guidance relates to CalWORKs Homeless Assistance (HA), CalWORKs Housing Support Program (HSP), Bringing Families Home (BFH), Housing and Disability Advocacy Program (HDAP) and Home Safe.

CDSS does not limit the number of days of interim shelter, including nights in a hotel or motel, for HSP, Bringing Families Home, HDAP and Home Safe.

HA applications are not required to be in person or to include a face-to-interview.  Counties can complete the CW 42 application form for the client and have then sign electronically.  Existing rules requiring issuing 3-days of benefits while homelessness is verified remain in effect.  However, counties are strongly encouraged to issue benefits without requiring clients to come to the office, including allowing sworn statements and granting good cause instead of requiring clients to come to county offices.  Although existing guidance requires counties to issue vendor payments when there has been a finding of mismanagement, if there is no feasible way to issue vendor payments because of COVID-19, counties should consider issuing benefits on the client’s EBT card.

Clients affected by COVID-19 may be eligible for an exception to the once-every 12 months rule for HA.  For example, if a parent in an assistance unit is concerned about infection and asks to isolate themselves, HA should be granted based on an exception because of illness.

HDAP funds can expand existing housing options used by HDAP clients, including shelters, recuperative care housing, hotel or motel leases, or interim housing programs.  For example, expanding a shelter program could include offering specialized quarantine options or leases with motels to provide housing for homeless persons impacted by COVID-19.  Counties can also purchase supplies for a specialized quarantine area or establish a new shelter program for HDAP clients specific to COVID-19.  In addition, HDAP funds can be spent on outreach to locate persons potentially eligible for HDAP who are residing in homeless camps who require medical care related to COVID-19.

Home Safe funds can be spent on landlord engagement, including incentives for landlords to participate in Home Safe.  Such payments can include in-kind goods to address COVID-19 impacts such as medical or sanitizing equipment and supplies.  Home Safe funds may also be used for interim housing, including motels.

HSP funds can be used for a range of financial and supportive services, including providing interim housing, helping participants navigate systems of care, providing rental assistance, incentive payments in the form of good for landlords participating in HSP, and supplies necessary to keep housing habitable.  Counties can provide landlord mediation and discussion of tenant’s rights to avoid eviction or housing displacement.

BFH for families experiencing homelessness or at risk of homelessness with an open child welfare case can include interim housing, tenant engagement, case management, public systems assistance, and conflict mediation with landlords or neighbors.  BFH can locate and pay for motel stays for families seeking interim housing that is not a shelter.  BFH can also pay for cleaning supplies.

A three-day notice to pay rent or quit meets eligibility requirements for HA, BFH, HDAP and Home Safe.  HA can be used to pay up to two month rental arrearages to prevent eviction.  (ACWDL, March 19, 2020.)

The HA provisions of this letter are superceeded by All County Welfare Directors Letter, March 31, 2020, summarized here.

Child Welfare and Probation services during COVID-19

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The California Department of Social Services (CDSS) has issued guidance to child welfare agencies and juvenile probation departments on operation and providing services information regarding changes child welfare services and probation because of COVID-19.  Except for disaster planning, this ACL superceeds ACL 20-23 issued on March 13, 2020.  Counties must ensure continuity of services.  Even if counties operate with reduced face-to-face contact, counties must continue to address safety needs to children reported to be abused, children in foster care and children who remain at home who receive child welfare services.

In the event of an emergency placement, families are generally required to submit fingerprints for background check within 10 days or 5 business days of receiving the emergency placement, whichever is sooner.  If live scan is not available, the county can rely on results from California Law Enforcement Telecommunications System (CLETS).  Live scan should occur within 15 days of when services are restored and stay at home order is lifted.

Children and families receiving Family Maintenance services can have monthly caseworker visits by videoconference because of emergency.

For children in foster care, the federal government will now allow monthly caseworker visits by videoconference when an emergency prevents face-to-face contact.  Whether a monthly visit should occur in person is a child-specific decision to be made by the social worker. Videoconference is recommended as the first alternative.  Counties should assess if weekly or bi-weekly video contact should occur.  Telephone calls acceptable if videoconferencing is not available.

For nonminor dependents, monthly visitation can occur through viderconference, telephone, or courtesy supervision by a tribal representative or another Title IV-E agency.  Regardless of how monthly visits are done, case workers must ensure that nonminor dependents have resources and a plan for following local public health guidance, including housing, food, water, hygiene and other needed items.

Counties must contact non-minor dependents who are in school to ensure that they have necessary resources while they are out of school and to assist in returning to campuses when schools reopen.  If a youth is displaced from their dorm, counties should continue Supervised Independent Living Program payments until they find a new or temporary residence.  To assist with online classes, iFoster is offering free unlimited hotspots, headsets and laptops to assist with taking online classes.

Foster parents should provide videoconferencing with other family members if face-to-face visits do not occur.  Counties should assess each situation individually to make this determination.  Face-to-face visits should continue for children under age 3.

Social workers should maintain telephone contact and engage with parents and guardians.  Caseworkers should empower parents to use community support systems and to continue talking prescribed medications.  Caseworkers should assure parents that services discontinued or interrupted will not impact the assessment of whether they are in compliance with court-ordered reunification services.

For youth placed out of state, monthly visits must continue.  The social worker or probation officer determines whether the monthly visit will occur in person.  If a face-to-face visit is not necessary to ensure the child’s safety and well-being, videoconferencing is the first option for communication.  Counties should contact CDSS for assistance if there are problems related to travel restrictions for face-to-face visits.  CDSS will work with other states to facilitate visits.  Counties should be flexible with other states that request assistance with face-to-face visits.

Child and Family Team meetings are an important strategy to ensure families and providers can continue caring for children and counties are aware of the needs of children and caregivers.  Meeetings can be conducted by videoconference.

Post-placement supervision visits with children and youth in adoptive placement can be conducted by alternative means including videoconference based on the individual circumstances of the case.

If a child welfare agency is contacted by a parent who wishes to relinquish their non-dependent child for adoption, counties should consider entering into a voluntary placement agreement and postponing accepting relinquishment until face-to-face visits resume.  Agencies should not accept relinquishments by videoconference or telephone.  When agencies accept relinquishments, the requirement of two witnesses to the birth parent signing the relinquishment in person and the requirement that the birth parent receive appropriate counseling and advisement prior to signing remain in place.  (ACL 20-25, March 21, 2020.)

Temporary Waiver of Servicing Policy Regarding In-Person Borrower Contact

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The United States Department of Housing and Urban Development (HUD) has issued a waiver of its requirement that mortgagees have face-to-face contact with borrowers to determine the borrower’s circumstances and appropriate repayment plan because of COVID-19.  This waiver is limited to Single Family Mortgage Insurance.

The mortgagee must establish contact with the borrower using alternative methods including telephone, email or video conference to inform the borrower that HUD will make information available about the status and payment history of the borrower’s loan available to local credit bureaus and prospective lenders, to inform the borrower of other available assistance, and to inform the borrower of names and addresses of HUD officials to contact.

The mortgagee must documents their contact with the borrower.  The waiver does not apply to the face-to-face requirement for the Section 248 insurance program.  The waiver is limited to a 12-month period from the date of issuance.  (FHA Letter 20-20, March 13, 2020.)