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.)

ABAWD time limit waiver

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The California Department of Social Services (CDSS) has issued instructions about waiver of the CalFresh Able-Bodied Adults Without Dependants (ABAWD) time limit. The federal government granted California a waiver of the ABAWD time limit for 55 of 58 counties from September 1, 2018 to August 31, 2019.  The time limit requires ABAWDs to participate in work activities or be limited to three months of CalFresh benefits in a 36 month period.

Counties, multi-county regions, areas within a county or an entire state can be approved for a waiver of the ABAWD time limit based on several criteria including a recent 12 month average unemployment rate over ten percent, a recent three-month average unemployment rate over ten percent, a historical seasonal unemployment rate over ten percent, designation as a Labor Surplus Area by the Department of Labor or having a 24-month average unemployment rate that is 20 percent above the national average for the same time period.

The counties that do not qualify for the ABAWD time limit waiver are San Francisco, San Mateo and Santa Clara.

Counties with an ABAWD time limit waiver must continue to report work registrant, ABAWD and Employment and Training date quarterly.  Counties with a waiver of the ABAWD time limit must continue to sanction work registrants who voluntarily quit a job of more than 30 hours per week or that provides weekly earnings greater than federal minimum wage times 30.

Individuals who are discontinued for failure to meet the ABAWD work requirements in the counties that no longer have a waiver and who subsequently reapply for CalFresh in a county that has a waiver can be eligible for CalFresh.  (ACL 18-97, August 27, 2018.)

Study time for SIPS

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The California Department of Social Services (CDSS) has issued instructions about counting study time for Welfare-to-Work (WTW) participants in a Self-Initiated Program (SIP).  A SIP is an education program that the WTW participant was enrolled in at the time of WTW appraisal and is calculated to lead to employment.

Previously, CDSS’ policy was that unsupervised homework time did not count toward WTW participation for SIPs.  Effective July 1, 2018, homework time can be included as part of a SIP.  Unsupervised homework time for SIPs will be counted in the same manner as for other education programs, which is that countable homework time cannot exceed one hour for each hour of class time.

CDSS also reminds counties that SIP participants are entitled to supportive services like all other WTW participants which includes supportive services for homework time and for distance learning.

SIP participants are subject to the WTW 24 month time limit.  Many SIP participants can meet CalWORKs federal standards through vocational education or concurrent WTW activities.  In that instance, the months do not count toward the 24 month clock.  In addition, satisfactory progress in a SIP can qualify a participant for an extension of the 24 month clock. (ACL 18-115, September 11, 2018.)

Increase in Temporary Homeless Assistance payment amount

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The California Department of Social Services (CDSS) has issued instructions implementing AB 1811 increase the temporary homeless assistance payment amount.  Temporary homeless assistance pays for up to 16 days of temporary shelter while a family searches for permanent housing.

Effective January 1, 2019, the daily payment rate for temporary homeless assistance will increase to $85 per day for up to a family of four.  Each additional family member will get $15 per day with a maximum for the family of $145 per day.  This increase also applies to homeless assistance for persons fleeing domestic violence and homeless assistance for CalWORKs family reunification cases.  (ACL 18-106, September 12, 2018.)