Definition of homeless for child care eligibility

The California Department of Education (CDE) has issued instructions regarding the definition of homeless for purposes of child care eligibility.  Families who are homeless can be eligible for child care and development services.  CDE child care programs now use the definition of homeless in the federal McKinney-Vento Act.

The McKinney-Vento Act defines homeless children and youth as individuals lacking a fixed, regular, and adequate nighttime address and includes: 1) Children and youths who are sharing the housing because of loss of housing, economic hardship, or a similar reason;  2) Children and youths who may be living in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate accommodations; 3) Children and youth living in emergency or transitional shelters or are abandoned in hospitals; 4) Children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; 5) Children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; or 6) Migratory children who qualify as homeless because they are children who are living in similar circumstances listed above.

To meet child care eligibility requirements for being homeless, families must provide either 1) a written referral from a legal, medical or social services agency; a local education agency liaison for homeless children; a Head State Program; or an emergency or transitional shelter or 2) a written parental declaration that the family is homeless and a statement describing the family’s current living situation.

To meet the need requirement for receiving services as homeless, the family must either 1) provide a written referral from one of the entities listed above or 2) a written parental declaration of homelessness supported by documentation of at least one need requirement which includes seeking permanent housing for family stability, seeking employment, engaging in vocational training, participating in an education program for English Language Learners, or participating in a program to obtain a high school diploma or GED.

Agencies should support homeless families by enrolling homeless families pending submitting eligibility and need documentation, allowing immediate enrollment of homeless families without immunization records and giving a grace period to submit proof of immunization, not requiring a fixed address or mailing address, conducting outreach to homeless families, and providing or participating in training and technical assistance on identifying the homeless and serving homeless families.  (Management Bulletin 18-04, July, 2018.)

Child care eligibility for parents in ELL, GED or high school diploma program

The California Department of Education (CDE) has issued instructions implementing AB 273 which makes parents engaged in English Language Learners (ELL) programs, high school diploma programs or GED certificate program eligible for child care and development services.  There is no longer a requirement that these educational programs be related to attaining a vocational goal to confer eligibility for child care.

Contractors should approve a family for child care and development services when the parent has a need for services based on enrollment in an ELL, high school diploma or GED program.  Once certified, families will be certified for have a need for child care for at least 12 months.  Families must submit written documentation of enrollment in an ELL, high school diploma or GED program to the contractor.  Child care hours should be based on the number of hours attending the program and reasonable hours for travel and study time.  (Management Bulletin 18-02, February, 2018.)

Guidance on discrimination complaint summary investigation letters

The California Department of Social Services (CDSS) has issued instructions the content of letters from county civil rights coordinators that provide the county’s determination of complaints following their investigations.  An applicant for or recipient of benefits or services from a CDSS program can file a civil rights complaint with the county welfare department if they believe they have been discriminated against in violation of federal or state anti-discrimination laws.  An applicant or recipient has the right to appeal a county determination of a civil rights complaint to the CDSS Civil Rights Bureau.  The letters provided to complaintants provide a brief summary of the allegations and the reasons for the County’s determination. This is necessary to give the complaintant sufficient information to understand the basis for the decision, decide whether to appeal to CDSS and to present meaningful argument on appeal.

The County summary letter must contain: 1) a clear statement of the allegations, include the complaintant’s allegations of what happened, and on what basis discrimination is alleged; 2) The case specific facts that the county relied on to make its determination; and 3) the reasons for the County’s determination.

Any statements that the investigators attribute to the complaintant must be included verbatim in the summary letter.

Counties must include a draft of the summary letter to the complaintant with the final investigation report that is forwarded to CDSS for review.  The County must wait for CDSS’ approval before providing the summary letter to the claimant.  (ACL 18-111, September 10, 2018.)

Child Welfare Services case plan documentation of postsecondary education support

The California Department of Social Services (CDSS) has issued instructions regarding including postsecondary education support in child welfare services case plan.  Children age 16 and over and non-minor dependents are encouraged to pursue post-secondary education.  The case plan must now identify who will assist youth with applications for postsecondary education, including career and technical education, and related financial aid unless the youth states they will not pursue postsecondary education.  If the youth changes their mind and wants to pursue postsecondary education, the case plan must be updated to identify the person who will provide postsecondary education support.

Various resources must be made available to postsecondary education support persons.  (ACL 18-104, September 12, 2018.)

Ten percent MAP increase

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

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.)