multiple programs

Documentation of reasonable accommodation in CalSAWS.

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The California Department of Social Services (CDSS) has issued guidance regarding documentation of reasonable accommodation in the California Statewide Automated Welfare System (CalSAWS).

This guidance applies to individuals with a “disability” as defined under the Americans with Disabilities Act (ADA). Some CDSS programs have their own definition of disability for purposes of determining eligibility, and may have their own requirements for documenting and qualifying disability. This ACL does not change program definitions or requirements, and meeting the requirements of this ACL does not fulfill any program-specific requirements and vice versa.

The County must document all disclosures of disability, requests for and offers of reasonable accommodations, and subsequent actions taken by the County, in the applicant’s/recipient’s case file. This also includes auxiliary aids and service. This documentation must include:

  • The fact that an applicant/recipient has a disability and/or has requested an The applicant/recipient is not required to provide a specific diagnosis;
  • The accommodation(s) requested by the applicant/recipient, if applicable, and
  • The accommodation(s) provided to the applicant/recipient.

Counties can learn about an applicant’s/recipient’s need for a disability-related accommodation in many ways, including but not limited to verbal request, case record information, and e-application responses. For example, a “yes” in response to the question “Are you a person with a disability” informs the county of a disability. Counties must offer reasonable accommodation when an individual’s disability is known or their need for reasonable accommodation is obvious.

The individual is not required to provide or verify a specific diagnosis to qualify as disabled under the ADA. An individual’s disability is considered documented in the case journal when the County has confirmed there is no need for accommodation, including documenting that reasonable accommodation was offered and declined.

When an individual needs a reasonable accommodation, Counties must document this information in the Special Circumstances Details page in CalSAWS if there is a request for an accommodation, and in the Case Journal if an accommodation is offered and provided. This includes documenting discussion about effective alternatives like “interactive process” if the requested accommodation is not immediately agreed upon.

All Counties can allow staff access to the CalSAWS Special Circumstances Detail page.

Counties must manually migrate all existing, active reasonable accommodation information from its current location to the Special Circumstances Detail page as soon as possible but in no case later than 18 months from the release of this guidance (by July 1, 2027). These updates must also be documented in the case journal.

A County may only deny a reasonable accommodation request when the requested accommodation would either:

  • fundamentally alter the nature of the program, service, or activity; or
  • impose an undue financial or administrative burden on the program, taking into account all resources available to the program, service, or activity.

If a reasonable accommodation request is denied, the County must inform the individual of that denial in writing. The County’s denial letter must notify that that the reasonable accommodation request is denied, the reasons for the denial, and any other accommodation(s) offered and/or provided.

Employees who perform Program Integrity functions, including Special Investigation Unit (SIU) investigators and individuals contracted to conduct investigative work, must check the CalSAWS case record for the Special Circumstances icon prior to any contact with the subject of a fraud referral.

If an individual named in a fraud referral discloses a previously unidentified disability-related need for accommodation to an SIU investigator or other staff member performing Program Integrity-related work, must offer reasonable accommodation to the individual and document this information in the Special Investigations section “Note Detail” page.

A decision to deny a reasonable accommodation request based on the limited permissible grounds must be made by the County Director or their designee. SIU investigators and other staff members performing Program Integrity functions should elevate such issues accordingly if they arise.

Contractors who receive federal or state assistance through a County must comply with the requirements of the ADA, MPP Division 21, and other civil rights laws and regulations, and are required to provide written assurance of nondiscrimination as part of their contract with the County. They are responsible for ensuring that the documentation requirements in this letter are met, including by developing workarounds with contracted service providers who do not have direct edit access to CalSAWS.

The CWD must establish procedures to ensure:

  • That the CWD notifies the contracted service provider in writing if an applicant/recipient has a need for a reasonable accommodation that must be provided by or in coordination with the contractor.
  • That the agreed-upon accommodation is provided in all applicable settings and program contexts, and that such provision is documented at each instance either in the CalSAWS case journal as instructed above or in a different record maintained by the contractor that the CWD deems appropriate to maintain civil rights compliance
  • That contractors who are unable to edit or notate the CalSAWS case record directly notify the CWD in writing if an applicant/recipient discloses a new disability-related need for a reasonable accommodation to them so CWD staff can add the information to the CalSAWS Special Circumstances Detail page, and
  • That clear communication channels, authority structures, and documentation responsibilities exist between the CWD and its contractors to address these and all applicable requirements covered in this letter.

There is no limit to the number of accommodations an individual may request, and requests may change over time. The County is required to train public contact staff, program managers, and supervisors upon hire and, at a minimum, annually thereafter, on providing reasonable accommodations to individuals with disabilities

County staff should copy all disability-related information from other CalSAWS locations like the “Medical Condition” page to the Special Circumstances Detail page. There is no automatic requirement to copy such information from one location to the other. but, if an applicant/recipient has disability information documented in another CalSAWS location, and that person also needs a reasonable accommodation because of the same disability, then the County must document the relevant information in the Special Circumstances Detail page.

It is recommended that Counties use other CalSAWS locations such as county-created Flag Detail pages to document applicants’/recipients’ non-ADA-related information with the exception of a non-disability related literacy issue.  (ACL 25-87, December 22, 2025.)

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

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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.)

Treatment of income from Guaranteed Income Pilot Programs for various program

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Payments issued under the State Funded Guaranteed Income (GI) Pilot Program are exempt from being considered income and resource for various state and local benefit and assistance programs. There are seven pilot programs to support former foster youth and or pregnant individuals. This CDSS guidance only applies to State Funded Guaranteed Income (GI) Pilot Programs.

Cal Fresh: GI payments will not count as income but may count as resources.

Housing and Urban Development (HUD): HUD denied a waiver that would exempt payments from determinations. HUD did provide a list of options that may exempt GI.

Medical and Children’s Health Insurance Program: The federal government gave approval to disregard payments from a California pilot GI project as income for 12 months for Non-Magi eligibility. Medi-Cal will no longer count resources as an eligibility determination as of January 1,2024. Former foster youth are eligible for Medi-Cal regardless of income.

Refugee Cash Assistance: GI payments will not count as income or resources.

Tribal Temporary Assistance for Needy Families: The Administration of Children and Families may approve a GI exemption for individual’s tribes through an amendment to a tribes Tribal Family Assistance Plan

Women Infants and Children (WIC): If the person is currently enrolled in Medi-Cal, CalWORKs or Cal Fresh no income assessment is needed because participants in those programs are categorically eligible for WIC. If a WIC recipient is not enrolled in one of those programs, GI income may impact eligibility.

GI payments are exempt from all state benefit or assistance programs. This includes but is not limited to Assistance Dog Special Allowance, CalWORKs, Cash Assistance Programs for Immigrants, Trafficking and Crime Assistance Programs (TCVAP), California Food Assistance Program, and Childcare and Development Programs.

GI payments received under the pilot program cannot consider income or resources for any local befit or assistance program. This includes but is not limited to. General Assistance and General Relief (GA/GR).  (ACWDL, July 21, 2023.)

Withdrawing state hearing requests

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California Department of Social Services (CDSS) State Hearings Division (SHD) has issued instructions regarding withdrawing of a state hearing request.  A claimant or the Authorized Representative can withdraw a hearing request any time before a decision is issued.

A withdrawal can be unconditional or conditional.  An unconditional withdrawal is a complete retraction of the hearing request without conditions.  There are three ways to unconditionally withdraw a hearing request.  A claimant can request an unconditional withdrawal in the ACMS computer system if they have an account.  A claimant can submit a request to unconditionally withdraw their hearing by mail, fax or email.  A claimant can submit a verbal request to unconditionally withdraw their hearing request using the Interactive Voice Response (IVR) system or by telephone.  SHD will send a letter to the claimant confirming the unconditional withdrawal request.

The opposing party may be aware that the claimant wants to unconditionally withdraw their hearing request.  If the opposing party tells SHD that the claimant or their Authorized Representative wants to unconditionally withdraw a hearing request, SHD will contact the clamant to confirm their intent to unconditionally withdraw their hearing request. If the claimant has any questions, SHD will tell the claimant to talk to the opposing party.  If the claimant or Authorized Representative confirms that they want to unconditionally withdraw the hearing request, SHD will enter the withdrawal in ACMS and will send the claimant a letter confirming the unconditional withdrawal.

A conditional withdrawal is a retraction of the hearing request based on the opposing party’s agreement to certain actions to resolve the case.  A conditional withdrawal must be in writing signed by the claimant or their Authorized Representative.

SHD will accept any conditional withdrawal request that is submitted by mail, fax, email, text, IVR, phone, or uploaded to ACMS, that includes written terms and is signed by the opposing party and the claimant.  These methods are considered to be a valid electronic signature.

A claimant or Authorized Representative can confirm a conditional withdrawal by phone with SHD.  The opposing party must contact the claimant to confirm the agreement.  The opposing party cannot rely on a telephonic signature unless they have gotten the claimant’s consent.  If the opposing party parts gets consent, they must upload the terms to ACMS.  SHD will then contact the claimant to confirm the terms.

The claimant or Authorized Representative can use the SHD IVR to state the terms of a conditional withdrawal.  If the opposing party has their own IVR, it can upload a recording of the terms to ACMS.  The agreement must state that the parties complete all terms within 30 days.

If the case has multiple opposing parties, all parties must consent to the conditional withdrawal.

When a case is withdrawn, SHD will notify all parties that the hearing request has been dismissed.

If the claimant or Authorized Representative does not appear at the hearing and a conditional withdrawal has not been processed, SHD will dismiss the case.

A party can withdraw a rehearing request any time before SHD acts on it.  After a rehearing request has been granted, the claimant can withdraw it with the approval of the Chief Administrative Law Judge.  The parties can submit a conditional withdrawal to resolve the case after rehearing is granted.  SHD will review the terms to ensure that all issues in the rehearing are addressed, and then will forward the request to the Chief Administrative Law Judge for approval.  (ACL 23-82, September 19, 2023.)

 

Treatment of CAPP payments for various programs

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The California Department of Social Services (CDSS) has issued guidance to County Welfare Departments (CWDs) regarding treatment of California Arrearages Payment Program (CAPP) payments issued to California assistance program applicants and recipients to help pay eligible past due energy bills that increased during the COVID-19 pandemic

CAPP payments do not count as income when determining eligibility and/or grant amount for the CalWORKs program and do not count against the resource limit for the 12 months after receipt of payment. Furthermore, CAPP authorized payments are not considered in-kind income for CalWORKs recipients.

For both CalFresh and the California Food Assistance Program (CFAP), CAPP payments are considered third-party payments that are not owed to the household and therefore are not counted income. CAPP payments are not considered resources for CalFresh and CFAP.

For Modified Adjusted Gross Income (MAGI) Medi-Cal, CAPP payments are treated as a qualified disaster relief payment similar to other disaster payments that the IRS exempts from gross income. This means that CAPP payments are not counted in the MAGI Medi-Cal eligibility determination. For Non-MAGI Medi-Cal, CAPP payments are considered exempt disaster and emergency assistance and do not count as income or a resource.

CAPP payments do not count as income for the Cash Assistance Programs for Immigrants (CAPI), because they are considered to be a tax refund. CAPP payments do not count as a resource for CAPI for the 12 months after the payment is made.

RCA, ECA, and TCVAP programs do not count CAPP payments as income and do not count as a resource limit for 12 months after receipt of the payment because their programs use the same rules as CalWORKs. (ACL 22-83, October 21, 2022.)

Eligibility of Ukranian nationals for federal and state benefits

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THIS LETTER HAS BEEN SUPERCEEDED FOR FEDERAL BENEFITS.  SEE ACWDL, July 6, 2022, summarized here.

The California Department of Social Services (CDSS) has provided guidance regarding eligibility of Ukranian nationals for various public benefits programs.

Ukranian arrivals who have refugee or asylee status qualify for CalWORKs, CalFresh, SSI, and Refugee Cash Assistance (RCA).

Ukranian refugees and asylees are eligible for RCA. Persons with Temporary Protected Status are not eligible for RCA.  Counties must accept a declaration under penalty of perjury of the applicant’s immigration status while documentary verification is pending.

Ukranian nationals who have Temporary Protected Status are not eligible for most federal or state public benefits.

Ukranian humanitarian parolees can be eligible for CalWORKs with state funds.  This is because humanitarian parolees have Permanent Residence Under Color of Law (PRUCOL).  This includes eligibility for Homeless Assistance and Housing Support Program, both of which can supplement federal refugee resettlement funding.

Ukranian humanitarian parolees are eligible for the Cash Assistance Program for Immigrants (CAPI).  They are not eligible for SSI.

Ukranian humanitarian parolees are eligible for CalFresh or California Food Assistance Program (CFAP) if they have been paroled into the United States for at least one year.  Paroled for at least one year means the duration of parole.  A humanitarian parolee is eligible for CalFresh or CFAP from the day they are paroled into the United States if their parole will last at least one year.  Ukranian humanitarian parolees for less than one year are not eligible for CalFresh or CFAP.

Public interest parolees must be admitted to the United States for at least one year and must meet two additional criteria to be eligible for CalFresh, including five years of residence, working 40 quarters, children under age 18, elderly or disabled as defined.  People who do not meet two of the additional criteria can be eligible for CFAP.

Ukranians with refugee, asylee or humanitarian parolee status are eligible for Project Roomkey, Bringing Families Home, Housing and Disability Advocacy Program, and Home Safe.

Ukranian arrivals, including humanitarian parolees, can be eligible for Medi-Cal.

Regardless of the documentation presented, counties must verify immigration status with the SAVE system.  (ACIN I-40-22, April 22, 2022, ACIN I-40-22E, May 24, 2022.)