Ten percent MAP increase

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The California Department of Social Services (CDSS) has issued instructions regarding the ten percent increase in the CalWORKs Maximum Aid Payment.  Effective April 1, 2019, the CalWORKs Maximum Aid Payment will increase by ten percent.  The grant increase applies to all CalWORKs cases, regardless of whether those cases are in Region One or Region Two and whether or not the assistance unit is exempt from Welfare-to-Work.

The grant increase must be programmed into the welfare department computer systems by April 1, 2019.  If the grant increase is not automated, the computer system consortia must give counties instructions for a workaround to ensure CalWORKs recipients receive the grant increase effective April 1, 2019.

CDSS issued a mass mailer notice that must be sent to all CalWORKs recipients no later than February 15, 2019 informing of the grant increase.  Counties must also inform recipients of their new Income Reporting Threshold because of the grant increase.  (ACL 18-124, October 9, 2018.)

Child Support recoupment and CalWORKs overpayments

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The California Department of Social Services (CDSS) has issued instructions regarding the interaction between child support recoupment and CalWORKs overpayments.  Any month in which the full amount of CalWORKs paid is reimbursed by collected child support is not counted as a month of receipt of aid for the 48 month time on aid limit.  This not counting of months where the full amount of CalWORKs paid is reimbursed by collected child support occurs whether the child support is collected in that month or is retroactively applied to that month.

Child support recoupment cannot be used to reimburse a CalWORKs overpayment because it is used to adjust time-on-aid.

When a month is a partial overpayment and the client is eligible for a portion of the CalWORKs paid for that month, child support recoupment can only repay the portion of the grant that the client is entitled to.  Time-on-aid for that month cannot be unticked until the county is fully reimbursed for CalWORKs paid for that month.

If the county determines there is an overpayment for a month that was previously reimbursed by child support collection, the county must change the child support collection to apply it to the next month that has not been unticked. (ACL 18-123, October 8, 2018.)

Extended Foster Care for married youth and youth in non-active duty military service

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The California Department of Social Services (CDSS) has issued instructions for two changes in eligibility for Extended Foster Care.  First, nonminor dependants can now enter, reenter or remain in Extended Foster Care if they are married or get married.  Married youth in Extended Foster Care will be subject to the same supervision requirements as other nonminor dependants and they are eligible for the same placement options.

For the Transitional Housing Program for Nonminor Dependents, housing providers that allow non-participant roommates cannot exclude married youth on the basis of marital status.

Second, a nonminor dependants who is in the reserve command of any branch of the armed forces or is a member of the National Guard is not eligible for Extended Foster Care.  Nonminor Dependants who are on active duty are not eligible for Extended Foster Care.  Nonminor Dependents are not eligible for Extended Foster Care if they in extended training if the military does not allow a social worker/probation officer to conduct monthly visits and supervision.  The youth would be eligible to re-enter foster care when caseworker visitation can resume.

When a nonminor dependant is enlisted in a part-time military program, their Transitional Independent Living Plan can include military participation as a goal.  (ACL 18-101, September 12, 2018.)

Extended Foster Care for trafficking victims

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The California Department of Social Services (CDSS) has issued instructions implementing AB 604 which allows continued eligibility for extended foster care if the court vacates the youth’s underlying adjudication because they were a victim of human trafficking.

SB 855 (2014) clarified that commercially sexually exploited children whose parents were unable to protect them could be adjudged dependents of the juvenile court.  SB 1322 (2016) prohibits arrest or prosecution of a child under age 18 for soliciting or engaging in an act of prostitution for money or other consideration, or loitering with the intent to commit an act of prostitution.  SB 823 (2016) allows a person to petition the court for relief from an arrest, conviction or adjudication for any nonviolent offense that occurred as a direct result of being a victim of human trafficking.

AB 604 allows a youth who was a victim of human trafficking, had their conviction vacated,  and is otherwise eligible to remain under juvenile court jurisdiction to continue to be eligible foster care, extended foster care and related services.  Youth who have had their underlying adjudications vacated are not required to have met their rehabilitative goals to remain eligible for foster care or extended foster care.  Non-minor dependants who have had their underlying adjudications vacated and who choose to exit foster care may re-enter before age 21.

Minors who are under 17 years and 5 months or who do not meet the criteria for transitional juvenile court jurisdiction must be evaluated to determine if it is safe for them to return home without court supervision.  If it is not, a dependency petition should be filed on their behalf.  (ACL 18-113, September 17, 2018.)

Statute of Limitations for collection of CalFresh overissuances

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The California Department of Social Services (CDSS) has issued instructions implementing the settlement agreement in Brown and Espinosa-Tapia v. Lightbourne.   Counties can now collect administrative error and inadvertent household error overissuances going back only three years from the date of discovery of the overissuance.

CDSS’ prior policy authorized collection going back up to six years from the date of discovery of the overissuance.  The change is only prospective and does not apply to overissuance claims established prior to the date of this letter.  (ACL 18-99, September 14, 2018.)

New Administrative Disqualification Hearing notices

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The California Department of Social Services (CDSS) has issued new notices for Administrative Disqualification Hearings (ADH).  Counties must investigate cases of alleged Intentional Program Violations and act upon appropriate cases either by referring them for criminal prosecution or referring the case for an ADH.  Cases declined for criminal prosecution are referred to the State Hearing Division for an ADH.

Respondents in ADH cases are informed by written notice that a county has requested an ADH and that they may waive their right to an ADH by returning the ADH waiver form.  The county position statement is an attachment to the ADH notice.

Counties must now use the new versions of the DPA 436B ADH Information Letter, DPA 435 County Allegation of Intentional Program Violation/Statement of Position and DPA 479 Administrative Disqualification waiver form.

If the respondent is no longer receiving aid and the county requests an ADH, the county should provide the best known address for the respondent.  A best practice is to use a third party data source such as Lexis/Nexis or a written request to the Postmaster to find out the respondent’s current address.  (ACL 18-116, September 20, 2018.)