COVID-19

COVID-19 CalFresh waiver of interview requirements

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The California Department of Social Services (CDSS) is extending waivers of the initial application and recertification interview and face-to-face interview.  These waivers were previously in effect, and are not being reimplemented because of the Continuing Appropriations Act.  These waivers are now in effective until December 31, 2021.

Per previous guidance, counties must waive the requirement for an interview at initial certification and recertification of eligibility for benefits if the county has verified the identity of the applicant and has completed all mandatory verifications.  If an interview cannot be waived, the county may require a telephone interview even if the household requests an in-person interview.  However, counties can only deny a request for a face-to-face interview once the county has confirmed that the household has access to a telephone or the county provides access to a telephone.  Counties must also conduct a face-to-face interview as a reasonable accommodation for a disability.

Federal Quality Control reviews will resume for July, 2021.  Counties can conduct quality control interviews by telephone through December 31, 2021.  (All County Welfare Directors Letter, July 1, 2021.)

COVID-19 end of foster care flexibilities

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The California Department of Social Services has issued guidance regarding the end of flexibilities in the foster care program because of COVID-19.

Rate flexibility for continued funding of an emergency caregiver pending approval as a Resource Family or Tribally Approved home beyond 365 days expired on July 1, 2021.  The approval to use COVID-19 as a static criteria to issue the Static Rate or Family Only Rate expired on July 1, 2021.  Alternative funding models and individualized rates for children to remain in the least restrictive, most family-like setting possible remain available.

Waiver of the 50 percent investigation fee and the 180 day time frame for court report submission for independent adoptions expired effective July 1, 2021.

Extension of the timeframe for required medical and dental examinations beyond 30 days for children placed out of home expired effective July 1, 2021.  Children placed out of home on or before June 30, 2021 must receive their examinations on or before July 31, 2021.

The option for counties to waive the age limit and length of stay for Transitional Housing Plus expired on July 1, 2021.  The ability for counties to temporarily approve a Supervised Independent Living Placement pending forms submission by the nonminor dependent also expired effective July 1, 2021.  The ability for counties to virtually inspect Supervised Independent Living Placements has not expired.

For Extended Foster Care, the following provisions continue to apply until September 30, 2021: 1) nonminor dependents should continue to get Extended Foster Care placement, services and supports even if they reach age 21, 2) Youth who aged out of case on or after January 27, 2021 may reenter Extended Foster Care even if they have reached age 21, and 3) participation requirements are waived for Extended Foster Care, including nonminor dependents, young people age 21 or older, and yound people who re-enter Extended Foster Care.  (ACL 21-77, June 28, 2021.)

COVID-19 – extension of temporary emergency childcare services

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This California Department of Education has provided updated guidance on the extension of temporary Emergency Childcare services.  This guidance replaces Management Bulletin 20-14.  

Families currently enrolled in Emergency Childcare through California Alternative Payment Programs (CAPP) and California Migrant Alternative Payment Programs (CMAP) may have service extended through June 30, 2022. This extension does not require updated documentation. CAPP and CMAP can enroll new families for Emergency Childcare after all families who are currently enrolled have received an extension of services, and if they meet the eligibility requirements as specified in the Child Care and Development Services Act, Education Code section 8200. They will be enrolled in priority order, and eligibility will be determined with a self-certification process.

Families enrolled in emergency childcare must be assessed a family fee using the Fiscal Year 2020-21 Family Fee Schedule unless they are exempt from fees.  A monthly family fee is implemented based on several factors in the MB. Families who receive Child Protective Services or have been identified as at risk of abuse or neglect will be exempt from fees.

All eligible families enrolled in emergency childcare have priority for subsidized child care. Families transitioning to ongoing child care services are eligible for 12 months from ongoing child care certification. Contractors will give a letter or Notice of Action to notify families of their extended child care. They must also give families a written 30 day notice of discontinuation of child care.

Contractors will not be responsible for verifying self-certification forms or eligibility. At-risk families and families with essential workers are eligible for emergency childcare if they meet all of the requirements in the MB. (MB 21-08, April 29, 2021.)

COVID-19 extension of emergency caregiver funding and foster care rate flexibilities

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Emergency caregivers with whom a child has been placed pending approval of the home as a Resource Family or Tribally Approved Home are eligible for emergency caregiver funding on behalf of the child for up to 120 days while the application is being processed.  On a case-by-case bases, emergency caregiver funding can be extended up to 365 days.  Effective April 16, 2021, through June 30, 2021, emergency caregiver funding can continue beyond 365 days because of delays in approval as a Resource Family or Tribally Approved home caused by COVID-19.  Between April 16, 2021 and June 30, 2021, counties cannot discontinue emergency care funding if approval exceeds 365 days because of COVID-19.

The California Department of Social Services has authorized a higher payment rate because of COVID-19 between April 17, 2021 and June 30, 2021.  The higher rate is available which the child or another member of the household requires isolation or quarantine because of COVID-19, and as a result there are increased supervision needs, or the child requires a new placement because of COVID-19.  The higher rate is available to emergency caregivers.

COVID-19 has impacted capacity for Short-Term Residential Therapeutic Program placements.  If COVID-19 has impacted the ability to received Short-Term Residential Therapeutic Program level of care, counties can negotiate a higher rate with Family Foster Agencies who are willing to accept a child assessed as needing short-term residential therapeutic program level of care and is able to provide individualized exceptional care, supervision, and services.  (ACL 21-60, May 21, 2021.)

Social Security Disability evaluation of COVID-19

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The Social Security Administration (SSA) has issued policy guidance for evaluating adult disability cases that involve a diagnosis of COVID-19.

SSA needs objective evidence from an acceptable medical source to establish the existence of a medically determinable impairment for COVID-19, including long terms effects of COVID-19.

If a person as a medically determinable impairment of COVID-19, SSA must determine if the impairment is severe, and has lasted or is expected to last at least 12 months.  SSA will not combine two unrelated medically determinable impairments to meet the 12 month requirement.  However, if COVID-19 causes a new medically determinable impairment, or worsens an existing medically determinable impairment, SSA will consider there medically determinable impairments to be related.

If a person recovers from COVID-19 with no residual symptoms, limitations or restrictions, COVID-19 will not meet the duration requirement.  However, symptoms associated with COVID-19 that last for months or longer after recovery may meet the 12 month requirement when a person has long-term effects of COVID-19, one or more new medically determinable impairments caused by COVID-19, or any existing medically determinable impairment worsens because of COVID-19.  SSA may need to project the severity if it is unclear whether the medically determinable impairment will resolve.

Issues related to the COVID-19 pandemic, including eviction, medical facility closure, quarantine, job loss and insurance loss, may affect the ability to seek treatment.  SSA should consider whether lack of treatment is because of these issues.

COVID-19 by itself cannot meet a listing but it may equal a listing as an unlisted impairment or as part of a combination of impairments.  COVID-19 may affect respiratory, cardiovascular, renal, neurological, or other body symptoms.  In most cases, the listing relevant to a new medically determinable impairment caused by COVID-19 or any medically determinable impairment that has worsened because of COVID-19 will be the appropriate listing to consider.

COVID-19 cannot be medically equivalent to Listing 3.14, respiratory failure, because an infection cannot be a chronic impairment for purposes of that listing.

When determining residual functional capacity, SSA will consider functional limitations from any new medically determinable impairment caused by COVID-19, or any medically determinable impairment that have worsened because of COVID-19.  (EM 21032, April 16, 2021.)

COVID-19 Supplemental Paid Sick Leave for IHSS providers

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The California Department of Social Services (CDSS) has provided information about State Supplemental Paid Sick Leave for In Home Supportive Services (IHSS) providers.  Supplemental Paid Sick leave provides 80 hours of sick leave for IHSS providers in addition to the regular 16 hours of sick leave provided by the IHSS. State Supplemental Paid Sick Leave is available for IHSS providers when the provider is unable to work for a reason related to the COVID-19 pandemic. 

Supplemental Paid Sick Leave is available retroactively to January 1, 2021.  For claims for sick leave prior to March 31, 2021, counties should verify whether a previous sick leave claim was submitted.  If a claim was not previously submitted, federal Emergency Paid Sick Leave Act (EPSLA) funds must be used before State supplemental paid sick leave for leave prior to March 31, 2021. While EPSLA placed providers on a two week paid leave, State Supplemental Paid Sick Leave is claimed in hourly increments, as determined by the county. 

IHSS providers taking sick leave must not be listed on a timesheet for any hours the recipient claims for paid sick leave. 

Reasons to be qualified for State Supplemental Paid Sick Leave include:

  • The provider is subject to a quarantine or isolation period related to COVID-19 as defined by an order or guidelines of the State Department of Public Health, the CDC, or a local health officer.
  • The provider has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.
  • The provider is experiencing symptoms of COVID-19 and is seeking a medical diagnosis.
  • The provider is attending an appointment to receive a vaccine for protection against contracting COVID-19 (Up to a maximum of 4 hours).
  • The provider is experiencing symptoms related to a COVID-19 vaccine that prevents the provider from being able to work.
  • The provider is caring for a family member who has been advised to self-quarantine due to concerns related to COVID-19.
  • The provider is caring for a child whose school or place of care has been closed or is determined otherwise unavailable for reasons related to COVID-19 on the premises. 

CDSS has revised the COVID-19 paid sick leave request form to allow requests based on federal or state requirements. CDSS has notices for both providers and recipients to inform them of the new State supplemental paid sick leave. Providers will be informed of their ability to submit claims for State supplemental paid sick leave and under what circumstances they may claim it. Recipients will be informed of their ability to request an emergency back-up provider, should their primary provider need to claim federal emergency or State supplemental paid sick leave related to the COVID-19 pandemic.

Supplemental Paid Sick Leave is available until September 30, 2021. (ACL 21-36, March 30, 2021.)