90 day suspension of redeterminations, CalWORKs clock stop, and public meeting requirements

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Governor Gavin Newsom has issued an executive order regarding public benefits programs in California.  The executive order suspends otherwise required redeterminations for Medi-Cal, CalWORKs, CalFresh , Cash Assistance Program for Immigrants, California Food Assistance Program, and In Home Supportive Services for 90 days.

The executive order also stops the CalWORKs 48 month time clock through June 17, 2020.  Any month or partial month of CalWORKs received will not be counted toward California’s 48 month time on aid limit.

The Executive Order also suspends any requirement of physical presence in the Brown Act or the Bagley-Keene Act for meetings or local or state bodies.  Meetings of state or local bodies held via teleconference and allowing members of the public to observe and address the meeting shall satisfy any requirement that the body allow members of the public to attend the meeting and offer public comment.

The body must have a procedure for reasonable accommodations for persons with disabilities and advertise that procedure in each public meeting notice.  Requirements for notice of the time and agenda for meetings are unchanged, except that the notice of the time of the meeting must also give notice of how the public may observe and comment.  These public meeting provision apply as long as state or local public officials have imposed or recommended social distancing. (Executive Order N-29-20, March 17, 2020.)

CPUC moratorium on utility shutoffs

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The California Public Utilities Commission (CPUC) has issued an order that energy, water, sewer, and communications companies under CPUC jurisdiction should stop disconnections for non-payment because of Governor Newsom’s COVID-19 emergency declaration.  These customer protections are retroactive to March 4, 2020.

Pursuant to Governor Newsom’s March 16, 2020 executive order Paragraph 6, CPUC will monitor the customer service protections undertaken by public and private utility providers and to report on the customer protection measures they have implemented.  (California Public Utilities Commission Press Release, March 17, 2020.)

Child Welfare and Probation changes due to COVID-19

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EXCEPT FOR DISASTER PREPAREDNESS, THIS ACL IS SUPERCEEDED BY ACL 20-25, March 21, 2020, summarized here.

The California Department of Social Services (CDSS) has issued information regarding changes child welfare services and probation because of COVID-19.  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.

Current requirements for monthly in-person visitation have not changed at this time.  The federal government indicated that there are no exceptions to the requirement for at least monthly visits to children in foster care.

Counties may reassess the need to request support from their peers in out of county placement cases.  Counties should also coordinate with tribal partners.

For youth placed out of state, 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.

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.  To assist with online classes, iFoster is offering free unlimited hotspots, headsets and laptops to assist with taking online classes.  A flyer about the program is attached to the All County Letter.

Delays in Resource Family Approval (RFA) related to COVID-19 may be considered good cause for not meeting the 90 days timeframe for RFA completion and emergency caregiver funding should continue beyond 120 days.  (ACL 20-23, March 16, 2020.)

CDSS guidance regarding COVID-19

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The California Department of Social Services (CDSS) has issued guidance regarding the impct of COVID-19 on CalWORKs, CalFresh, housing and homelessness programs, and Refugee Cash Assistance.  Counties must ensure continuity of and safe access to services during pandemic conditions or periods of social distancing.

Current CalWORKs recipients are eligible for waiver of existing rules regarding homeless assistance, including the once-every-12-months limit.

Counties are encouraged to explore Diversion eligibility.  Diversion is designed to address a specific crisis or item of need and may be appropriate for affected families.  People who receive diversion are not subject to work requirements or child support assignment.  However, Diversion payments count toward the 48-month time on aid clock.

For CalWORKs applicants, when evidence concerning eligibility does not exist, the applicant’s sworn statement under penalty of perjury is sufficient except for verification of U.S. citizenship or immigration status, and medical verification of pregnancy.  Written statement is also acceptable to establish residency for the forseeable future.  The photo identification requirement is unchanged, meaning that if the applicant cannot present photo identification within 15 days of application, aid shall continue if the applicant presents evidence of good faith efforts to obtain photo identification.  Income rules remain the same.  Some persons impacted by school or work closures will no longer have an income that is reasonably anticipated.

For CalWORKs, counties can conduct interviews telephonically or by electronic means.  Counties that want to implement electronic/telephonic interviewing now because of COVID-19 can contact CDSS for immediate approval, and must submit a plan to CDSS within one week of implementation.

Counties may provide welfare-to-work good cause or exemptions in response to COVID-19. Good cause determinations should be made on a case-by-case basis.  However, counties can implement county-wide good cause to avoid face-to-face interactions to mitigate COVID-19.

Child care providers may not be reimbursed for days on which the provider is not operating unless that provider has a paid day of non-operation and can provide documentation that contractual terms require parents to pay for days of non-operation.  Reimbursable days of non-operation are limited to 10 days per fiscal year.  Payments to alternative providers when regular providers are not operating are limited to 10 days per child per fiscal year.  Counties must pay for child care on behalf of the client when the child is ill for during excuses absences for illness or quarantine.

For CalFresh, counties should promote online, phone or mail-in applications.  Counties should conduct as many interviews as possible by phone.  Counties should fulfill EBT card replacement requests by phone or mail as often as possible.

Counties must ensure that they are granting maximum allowable CalFresh certification periods.  Counties should maximize use of existing databases for verification.  If a household cannot provide required verification because of unusual circumstances, self-certification can be used.

Counties can exempt households from certain requirements for good cause.

If county offices close during regular business hours, they must make it possible for individuals to apply for and receive CalWORKs and CalFresh, including emergency benefits, within time frames required by state and federal law.  Counties must also provide notice of hours of operation, and procedures during closure hours for applying for and receiving benefits.  These procedures must include making applications available and providing a drop-box or mail slot for filing applications.  Such applications must be deemed to have been filed on the date of the county closure.  Counties must maintain sufficient staff to accept and act upon all applications, and telephone staff to accept and act upon all applications as if they were made in person.  This includes making immediate need available no later than the third calendar day following the application date.

Refugee Cash Assistance and Refugee Support Services will use the CalWORKs guidance.  (ACWDL, March 12, 2020.)

Medi-Cal public health crisis or disaster reminders

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The Department of Health Care Services has issued a reminder regarding Medi-Cal processes during a public health crisis for disaster.  For all populations affected by a public health crisis or disaster, counties must continue to provide benefits beyond the certification period, as needed, to provide additional time to submit renewals or verifications.

Counties must also modify eligibility requirements at application or renewal to allow for self-attestation.  Counties can accept an affidavit under penalty of perjury to verify residency, income and property when individuals are not able to provide necessary verification because of a public health crisis or disaster.

Counties may receive urgent intercounty transfer requests when beneficiaries need to relocate to be with friends or family in another county.  Beneficaries may contact either the sending county or the receiving county to assist with either a permanent or a short-term transfer of their case.   (MEDIL I-20-06, March 12, 2020.)

CalWORKs time limit extenders for two parent families

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The California Department of Social Services (CDSS) has issued guidance about eligibility CalWORKs time limit extenders for two parent families.  Former CalWORKs recipients who have used 48 months of time on aid can ask to be evaluation for an exception to the time limit to receive additional months of cash aid.  The family may be eligible for an exception to the 48-month time on aid limit when all parents, aided stepparents and/or caretaker relatives meet the exception criteria.  However, not all adults in the household must be timed out of CalWORKs.  In a two-parent household, if all adults in the household meet the exception criteria, then the timed out adult can be added to the assistance unit.  The exception criteria are:

▪ Advanced age (60 or older)

▪ Providing care for an ill or incapacitated family member, or a nonparent caretaker relative for a dependent child of the court, a child receiving Kin-Gap or child at risk of dependency,

▪ Disabled, defined as receiving benefits from State Disability Insurance, Worker’s Compensation Temporary Disability Insurance, In-Home Supportive Services, or the State Supplementary Program, and the disability significantly impairs the ability to participate in welfare-to-work activities,

▪ Unable to maintain employment or participate in welfare-to-work activities, and the individual has a history of participation and full cooperation in welfare-to-work activities.  An individual is assumed to to have met participation and cooperation requirements unless the county has documented evidence otherwise.

▪ Unaided

The 48-month time limit can be waived for past or present domestic violence victims and these individuals are eligible for a time limit extender.  All adults in the home do not need to meet extender criteria to add the timed-out individual under a domestic violence waiver.  (ACIN I-14-20, February 6, 2020.)