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

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.)

Reduction in eligibility period for RCA, ECA, and TCVAP cash assistance

The eligibility period for Refugee Cash Assistance (RCA), Entrant Cash Assistance (ECA), and Trafficking and Crime Victims Program (TCVAP) cash assistance is reduced to 4 months for individual’s whose eligibility start date is on or after May 5, 2025.

The eligibility start date for RCA and ECA is either the date of admission into the united States in a qualifying status, the grant date of a qualifying status, or the issuance date on the Certification of Eligibility Letter for a Victim of a Severe Form of Human Trafficking.  The eligibility state date for TCVAP cash assistance is the date of application.

RCA, ECA, and TCVAP cash assistance recipients whose eligibility started before May 5, 2025 remain eligible for twelve months of benefits.

Groups who are eligible for RCA or ECA are: refugees, asylees, Cuban and Haitian entrants, Amarasians, certain Iraqi and Afghan Special Immigrants (SIVs), certain Afghan Humanitarian Parolees, certain Ukranian Humanitarian Parolees, and certain victims of human trafficking.  People who are eligible for TCVAP cash assistance are qualifying noncitizen victims of human trafficking, domestic violence, or other serious crimes.

Automation of this change is pending.  Program forms and notices must be manually changed until automation is implemented.

CDSS recommends that counties verbally inform clients of this eligibility change until August 5, 2025.

This eligibility reduction does not impact eligibility for Refugee Support Services or TCVAP social services.  (ACWDL, May 2, 2025.)

CalWORKs eligibility for citizens of Compact of Free Association states

The California Department of Social Services (CDSS) has provided guidance regarding CalWORKs eligibility for citizens of the Compact of Free Association (COFA) states of Micronesia, Palau and the Marshall Islands.

Effective March 9, 2024, federal law changed to make citizens of the Compact of Free Association states of Micronesia, Palau and the Marshall Islands qualified immigrants who are eligible for certain federal benefits including federal Temporary Assistance to Needy Families benefits.  The new also exempts these families from the five-year residency requirement to be eligible for benefits.

This change in federal law means that COFA citizens are eligible for CalWORKs.  COFA citizens who applied for CalWORKs on or after March 9, 2024 and were denied because of their immigration status may reapply for CalWORKs.  In processing these applications, counties must check for earlier applications, and if located use the earlier application date for the beginning date of aid.

People who applied on or after March 9, 2024 can ask for an administrative hearing within 90 days of the date of the denial.  If the county determines that the household was eligible for CalWORKs at the time of application, the county must issue retroactive benefits back to the date of application.

CDSS encourages counties to reconnect with COFA citizens who were denied CalWORKs after March 9, 2024.

Counties must verify the immigration status of COFA citizens using the federal SAVE system and the I-94 documentation with the admission stamp.

COFA citizens may also be eligible for Refugee Cash Assistance or Entrant Cash Assistance.  (ACL 24-95, December 16, 2024.)

Update about EBT card mass replacement with chip/tap card

The California Department of Social Services (CDSS) issued an update about the replacement of current EBT cards with chip/tap cards.  This is an update to ACWDL June 6, 2022, summarized here.

Replacement of county administrative equipment was completed in Summer, 2024.  Mass replacement of all current EBT cards with chip/tap cards is expected to begin in early 2025.

The new cards will be mailed in three phases.  The first phase will be combined CalWORKs and CalFresh cases, GA, RCA, TCVAP, CAPI and LIHEAP.

SunBucks and Women, Infants and Children benefits will not be moved to the new chip/tap cards.

Counties must continue to order the current magnetic stripe cards and equipment to ensure that they remain fully stocked until chip/tap cards are deployed.

Prior to mass mailing of the chip/tap cards, counties will get a list of unhoused cardholders who have their mailing address listed as the county welfare department.  The list is intended to support triage for those clients.

During either the Semi-Annual Report or Recertification/Redetermination interview, county workers should tell cardholders to promptly activate their new cards.  One successful transaction with the new card will deactivate the old card.

Cardholders will have 180 days after issuance of the chip/tap card to activate it before the old card becomes unusable.  (ACWDL December 19, 2024.)

Income Reporting Threshold for Fiscal Year 2025

Effective October 1, 2024, a new CalWORKs Income Reporting Threshold (IRT) will be effective.  The new IRT amounts are in a chart attached to this ACL.  Income over the IRT amount must be reported mid-period, that is, when it occurs between semi-annual reports or annual recertifications.  Income that must be reported is the total combined earned and unearned income of the assistance unit.  The IRT reporting amount is 55% of the federal poverty level for a family of 3, plus the amount of income used most recently used to determine the assistance unit’s grant.  Income over the IRT must be reported within 10 days of receipt.

Assistance Units with no income or only unearned income are required to report income changes only if they receive new earned income that, when combined with other earned income, exceeds the IRT.

When income over the IRT is reported to the county, the county must determine if the income is reasonably anticipated to continue.  If it is reasonably anticipated to continue, the county must redetermine the CalWORKs grant amount using the new income amount.  If the grant will be decreased, the county must give timely and adequate notice to decrease the grant at the end of the month.  If the new income amount exceeds 130% of the Federal Poverty Level, the county must discontinue CalWORKs at the end of the month after timely and adequate notice is given.

It is possible that there will be some cases that are over the IRT, but under 130% of the Federal Poverty Level, where the assistance unit will not be eligible for a cash grant.  Those cases will have zero grant, but will be eligible for supportive services and CalWORKs special needs.

Counties must inform recipients of their IRT at application approval, at least once per semi-annual reporting period, and whenever the IRT amount changes.  The IRT level which the recipient was last notified of is used for reporting purposes.

These instructions also apply to Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crime Victims Assistance Act.

The income reporting threshold for a CalWORKs assistance unit of 1 is $1,632, for 2 is $2,215, for 3 is $2,798, for 4 is $3,380, for 5 is $3,963, for 6 is $4,456, for 7 is $5,129, for 8 is $5,712, and add $583 for each additional member. (ACL 24-63, September 6, 2024.)

Increase in CalWORKs resource limit

Effective January 1, 2025, the CalWORKs resource limit for applicants and recipients will increase to $12,137, and to $18,206 for an assistance unit with at least one member who is over 60 or disabled.  This increase also applies to Refugee Cash Assistance, Entrant Cash Assistance, and Trafficking and Crime Victims Assistance Program.

Rules about CalWORKs restricted accounts are unchanged.  (ACL 24-54, August 2, 2024.)