The long-awaited for, yet not quite what we hoped, DV Q & A. Highlights include specifically mentioning that the MFG rule can be waived, that counties must have written standards for their waivers, and that the waivers must be based on individual need, and that the counties must issue a Notice of Action approving or denying a waiver. (The 90 days doesn’t run for a hearing until such a notice issues.)Â (Download)
Summaries of select CalWORKs, CalFresh, Health and Housing Regulations
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ACL 05-38 – The Emergency Assistance Program (December 5, 2005)
An overview of the Foster Care Emergency Assistance (EA) Program, complete with Frequently Asked Questions (FAQs). Ready for the acronyms? EA is funded by TANF, and provides FFP (federal financial participation) for short term aid to children/families in emergency situations. It no longer includes services for probation, but does cover Emergency Shelter Care (ESC).
So, what are some of the FAQ’s? Relatives can qualify for Shelter Care for up to 30 days; it’s limited to once in 12 months/single episode, for up to 12 months (except not the emergency shelter care) to resolved the emergency. An EA application must be taken immediately or no later than 30 calendar days from the date the child is removed from the home or the date the child is determined to be at risk. (Refer to ACL No. 93-64 and ACL No. 94-90), but the beginning date of aid begins on the date the application is signed. A county can place the child in a relative’s home on an emergency basis prior to relative approval of that home and claim emergency shelter care, if the worker has completed an assessment on the home. The age requirements go up to the age of 21, with no requirement of school attendance. [Download]
ACIN I-77-05 – January 2006 COLA for CAPIs (December 2, 2005)
In the fine Grinch tradition, CDSS sends out this ACIN reminding counties to reduce CAPI (Cash Assistance Progrm for Immigrants) payments to account for the federal SSI COLA. As background, the State SSP Cost-of-Living Adjustment (COLA) was suspended for all of 2006, and the pass-through of the federal SSI COLA delayed from January 1, 2006, until April 1, 2006. (The only increase in the SSI/SSP or CAPI payment standards is for the Non-Medical Out-of-Home Care (NMOHC) rate, which will increase by the amount of the SSI COLA.) The ACIN includes a chart of CAPI Payment Standards that will become effective on January 1, 2006, and April 1, 2006.
The joyful tidings (NOT) is that the separate federal SSI COLA affects the valuation of In-Kind Support, allowances for ineligible children sponsor deeming situations, and “COLA Coordination When One Spouse Receives SSI/SSP.” The “intended result” is that a CAPI family get $10.00 less than the SSI/SSP benefit rate for a couple. Since that wouldn’t happen under the normal retrospective budgeting, this ACIN requires counties to do prospective budgeting for the January and February payments. [Download]
ACL 05-37 – Changes to Requirements Regarding Child Support Referrals (November 22, 2005)
CDSS issued regulations regarding whether it is in the best interests of a foster child to make a child support (collection) referrals. This All County Letter transmits a newly modified form for the documentation and transmission of a social worker’s determination of best interest to not make the referral. [Download]
ACIN I-72-05 – December 2005 Social Security (COLA) (November 4, 2005)
A heads up for counties (and recipients) that Social Security will be passing on a 4.1% COLA increase. The main purpose of this letter is to explain how this works in the world of quarterly reporting. Basically, for new applicants, it’s anticipated for December and will be budgeted for that month. For recipients, it’s a “known to county” change that they will use to budget the quarter including January 2006. In other words, no matter what, it counts for 01/06. [Download]
ACL 05-27 – CalWORKs Income Reporting Threshold (IRT) For Quarterly Reporting (November 1, 2005)
Just in time for the end of the year, here’s the 2005 IRT chart. Of more interest, the letter discusses the CWD’s obligation to inform Assistance Unit (AU) of their individualized IRT level. The CWD must issue an informing notice with the AU’s IRT limits (1) at least once a quarter; (2) at redetermination/recertification; (3) anytime there are changes in the CalWORKs AU or Family MAP size; (4) when there is a change of persons who are required to report income; and (5) upon recipient request. Additionally, the AU must be informed of the new IRT levels any time the IRT chart is updated. CWDs (1) the QR 7, (2) the Notice of Action used to add or remove AU members, or (3) on a separate informing notice to notify the AU. And for those of you into overpayment and fraud defenses: the IRT level the recipient was last notified of will be used for reporting purposes until the CWD updates the recipient of any applicable IRT change.
As a refesher course: The IRT is the greater of 130 percent of the Federal Poverty Level (FPL) for the number of persons whose needs are included in the determination of the cash aid amount, or the level at which an Assistance Unit (AU) becomes financially ineligible. Receipients must report going over the IRT mid-quarter (and not wait for the QR 7 due date). [Download]