CalWORKs overpayment collection threshold and discharge

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The California Department of Social Services (CDSS) has issued guidance regarding the CalWORKs overpayment collection threshold and discharge policies.  This guidance supersedes ACL 19-19.

Effective July 1, 2019, the overpayment collection threshold for closed CalWORKs cases is increased from $35 to $250. Counties cannot demand collection of any non-fraudulent overpayments with a balance of $249 or less if the liable individual is no longer receiving CalWORKs.  The $250 threshold includes claims related to Welfare-to-Work supportive services.  The overpayment collection threshold applies to each individual claim, not to the total of multiple overpayment claims.

There is also a new discharge process for CalWORKs overpayments.  If the liable individual has not received CalWORKs for 36 consecutive months or longer, the county must deem a non-fraudulent CalWORKs overpayment uncollectable and must discharge it.  This rule applies even when there is a repayment agreement or a civil judgment if the overpayment is non-fraudulent.  This discharge rule applies to each individual overpayment claim, not to the total of multiple overpayment claims.  Counties must send a notice of action informing individuals when they are no longer liable for the overpayment.

The discharge policy does not apply to cases where fraud is alleged.  If a fraud investigation is pending when the 36 month timeframe occurs, collection is placed in suspense until the result of the investigation.  Collection can restart if the investigation determines there was fraud.

The discharge policy is not effective until it is programmed into the new single statewide computer system CalSAWS. However, when the discharge policy is programmed into CalSAWS, counties must apply it retroactively to any outstanding non-fraudulent CalWORKs overpayments established on or after December 1, 1996.

In addition, effective July 1, 2019, counties must now report any mass overpayment of CalWORKs benefits to CDSS.  A mass overpayment is an overpayment caused by the same action or inaction that impacts either eight percent of the county’s CalWORKs caseload or more than 1,000 CalWORKs recipients, whichever is greater.

Also effective July 1, 2019, a civil or criminal welfare fraud action cannot be commenced if case record, or any consumer credit report used in the civil or criminal case for the purpose of determining the overpayment, has not been made available or has been destroyed after the three year retention period.

These policies also apply to Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crime Victims Assistance Programs.  (ACL 19-102, November 12, 2019.)

Housing and Disability Advocacy Program guidance

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The California Department of Social Services (CDSS) has issued updated program guidance regarding the Housing and Disability Advocacy Program (HDAP).  HDAP offers funding to county agencies or tribal governments to assist homeless disabled individuals with applying for disability benefits programs while providing housing assistance.  39 counties currently have HDAP programs.  HDAP requires grantees to offer outreach, case management, advocacy and housing assistance concurrently.

Assistance should be provided until disability benefits are granted and the participant is stabilized in permanent housing. A dollar-for-dollar grantee match is also required.

There are several changes to the program because of legislation in 2019.  These changes include: 1) Funding is now available for federally recognized tribal governments; 2) Priority for assistance is for chronically homeless individuals or homeless persons who rely most heavily on government-funded services; 3) Programs can consider providing housing assistance after disability benefits are granted until housing placement is stable and affordable; 4) Case management staff must assist in developing a transition plan for housing support when disability benefits are granted or denied.

HDAP continues its principles of housing first, collaboration among programs and prioritizing assistance is for chronically homeless individuals or homeless persons who rely most heavily on government-funded services.  Providing services on first-come, first-served basis or by most likely to find housing is improper.

Required program components continue to be outreach, case management, benefits advocacy and housing assistance.  Limiting outreach to General Assistance/General Relief applicants or recipients is insufficient.

Additional program components include transition planning, workforce development for participants not likely to be eligible for disability benefits, interim assistance reimbursement, and data gathering.  (ACL 19-104, November 1, 2019.)

Resource Family Approval Program portability

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The California Department of Social Services (CDSS) has issued answers to frequently asked questions regarding portability, the process for an approved Resource Family to seek streamlined approval with a subsequent agency that will best serve the needs to families and children.  The portability process is initiated only by the Resource Family.

Responses to the frequently asked questions include: the subsequent agency does not have a time frame to complete subsequent approval; subsequent agencies must accept portability applications; if the subsequent agency denies a portability application it must inform the current agency of the denial and if the county denies a portability application, it must provide a notice of action.

A new foster family agency must do a new criminal background check for the resource family.  If there is a pending investigation, the subsequent agency can complete portability, but the best practice is to wait until the investigation or administrative action is completed before moving forward to complete the portability process.  The current agency cannot charge the subsequent agency a fee to release records.  (ACL 19-97, October 30, 2019.)

Placement responsibility for non-minor dependants in extended foster care

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The California Department of Social Services (CDSS) has issued guidance regarding extended foster care and placement responsibilities for non-minor dependents.   Extended foster care must be offered to all persons in the foster care system who turn 18 in order to continue to receive supportive services.  Young adults who decline extended foster care may be able to enter between age 18 and 21.

A placing agency must offer the least-restrictive, safe and appropriate available placement to non-minor dependents.  Placement should also be based on the developmental needs of young adults.  Non-minor dependents must be included in placement decisions.  The placement agency must offer a safe and suitable placement that is immediately available.

Counties must have a documented process for young adults seeking to re-enter extended foster care.  There should be no delay when an agreement to re-enter is signed and the agency determines the requirements to reenter are met. If at the time the agreement is signed the youth does not have safe, appropriate housing, the placing agency must immediately offer a placement prior to a re-entry hearing.

If a non-minor dependant is at risk of losing or leaving their placement, the case worker should try to engage the non-minor dependant.  The placing agency should work toward preserving and strengthening the placement.  If the youth loses or leaves placement, the county pleacement agency remains responsible for offering a safe and appropriate placement which the youth remains under juvenile court jurisdiction or is a party to a reentry agreement.  (ACL 19-105, October 29, 2019.)

Presumptive transfer of children in STRTPs

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The California Department of Social Services (CDSS) has issued guidance on the presumptive transfer process for foster children and youth placed outside of the their counties of original jurisdiction in Short-Term Residential Therapeutic Programs (STRTPs).

Presumptive transfer is a prompt transfer of the responsibility for providing or arranging and paying for specialty mental health services from the county of original jurisdiction to the county in which the foster child or youth resides.  Presumptive transfer is intended to provide foster children and youth who are placed outside of their counties of original jurisdiction with timely access to specialty mental health services.

STRTP placements are intended to be short term.  Considering that placements are supposed to be short term and that there is an exception for placements of less than six months, it is often appropriate and in the best interest of the child to waive presumptive transfer.  For a waiver, the county mental health plan in the county of original jurisdiction must have an existing contract with a specialty mental health services provider, or the ability to enter into a contract within 30 days of the waiver decision and the ability to deliver timely specialty mental health services to the foster child or youth.

Counties should work together so that placement agencies have the information they need to make informed and appropriate waiver decisions.  County mental health plans should be able to enter into a contracts with an out-of-county STRTP when presumptive transfer is waived.  County mental health plans are required to ensure timely access to federally entitled EPSDT Specialty Mental Health Services for foster children and youth placed in STRTPs.   To facilitate this, county single points of contact are posted on the CDSS website.

Presumptive transfer can be waived if: 1) transfer would disrupt continuity of mental health care or delay access to services; 2) transfer would interfere with family reunification efforts; 3) placement in a county other than the county of original jurisdiction is expected to last more than 6 months or 4) the child or youth’s residence is within 30 minutes travel time to the established Specialty Mental Health Services provider in the county of original jurisdiction.

If presumptive transfer is waived, the placing county must work with the mental health plan in the placing county to address the child’s needs and the mental health plan in the placing county must ensure that the child receives Specialty Mental Health Services.

If a presumptive transfer waiver is denied, the placing county must notify the mental health plan in the receiving county and work to ensure coordination of care for Specialty Mental Health Services by immediately sending required paperwork to the mental health plan in the receiving county.  The mental health plan in the receiving county must ensure access to Specialty Mental Health Services.

In making a waiver decision, the placing county should consider: 1) The child’s service needs including family friends and close relationship, the Specialty Mental Health Services needs, Regional Center services, educational issues, physical health needs and transition or permanent planning and goals; 2) the provider’s STRTP profile.

When there is a discharge from STRTP who a child who has a presumptive transfer waiver, there must be a child and family team meeting, the placing county must identify a placement in which to step the child down, the placing county must provide transition services and the placing county notifies the mental health plan in the placing county if the child returns to the county of jurisdiction or moves to another county.  The discharge process is the same if a waiver is denied except that the mental health plan in the receiving county must work the with the mental health plan in the placing county for a smooth transition of Specialty Mental Health Services.  (ACL 19-94, September 18, 2019.)

Tribally Approved Homes

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The California Department of Social Services (CDSS) has issued information regarding approval, payment and placement preservation of Tribally Approved Homes.  A Tribally Approved Home is a home licensed or approved by an Indian child’s tribe or organization designated by the tribe, for foster or adoptive placement of an Indian child. Tribally Approved Homes are not subject to state approval standards.  Tribes have independent authority to approved homes according to their own standards and are not subject to Resource Family Approval Standards.

The county social worker or probation officer should request confirmation from the tribe that the tribe has approved a home.  The tribe must provide written documentation that the home has been approved.  Indian children placed in a Tribally Approved Home qualify for foster care if the Tribally Approved Home meets minimum federal standards prior to placement.  Those requirements are a home health and safety assessment meeting the tribe’s standards, and a criminal records check meeting specified conditions.  Federally recognized tribes now have the ability to receive state and federal criminal histories and can be approved to conduct their own background checks.  If a federally recognized tribe does not have authority to conduct their own background checks, the tribe must ask either the county or CDSS to conduct the background check.

If there are multiple children being placed and one child is not a member of the tribe approving the Tribally Approved Home, the home must meet Resource Family Approval standards.  The Resource Family Approval program allows for placement prior to approval, and allows a county to approve care of a specific child when the placement may be the only appropriate placement because of family or tribal relationship.

Tribes are encouraged to establish a complaint process.  If there is a complaint filed against a Tribally Approved Home, the county and tribal agency must work together to address the concerns.  If there is abuse or neglect where there is a potential risk to the health or safety of a child, a report to child welfare services must be made.  County probation and child welfare services can investigate, but cannot terminate the tribe’s approval of a home.  If the tribe terminates approval of a home, the tribe must notify the county within 24-48 hours and give written notification to the county.  If the tribe terminates a home, the county must evaluate whether the home will be approved under Resource Family Approval.

If a change in placement is being considered, a placement preservation strategy is required prior to issuance of a 14 day notice of placement change.  Any placement change must comply with the Indian Child Welfare Act.

Counties may place a child in a home pending tribal approval upon completion of a health and safety inspection, a criminal background check and a check of allegations of prior abuse or neglect.

Children placed in a Tribally Approved Home, or a home pending tribal approval, are eligible for foster care payments.  If a child is place on an emergency basis, the county should determine if the child is eligible for emergency caregiver funding.  (ACL 19-71, July 29, 2019.)