Digital child care applications

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The California Department of Education (CDE) has issued instructions regarding digital child care applications.  Contractors can now use digital applications for families to apply for child care and development services.  Digital applications must include all legally required information.

Contractors can also use digital signatures if the digital signature meets all legal requirements.  Digital applications must meet state and federal requirements for creation and maintenance of electronic records.  (Management Bulletin 17-13, October, 2017.)

Child support distribution error

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CDSS has issued instructions about a programming error that caused incorrect child support distribution in about 28,000 cases.  The problem occurred in the implementation of repeal of the Maximum Family Grant rule.  The error caused some families who are receiving CalWORKs to receive the entire amount of current child support instead of only the $50 disregard.  In other cases, the error incorrectly caused the full amount of child support collected to be retained by the state when some or all of the collection should have been distributed to the family.

CDSS states that payments issued in error are unlikely to continue and therefore should not be considered income because they are not reasonably anticipated.  After two payments, the County Welfare Department should communicate with the Local Child Support Agency to determine if the payments will continue.  If the payments will continue, they will be considered to be reasonably anticipated going forward.

For cases where the $50 disregard was improperly retained by the State, the $50 disregard will be retroactively paid to the family.  These retroactive payments will not be considered income or property for CalWORKs.  (All County Welfare Directors Letter, December 28, 2017.)

CalWORKs eligibility for Southern California fire victims and evacuees

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CDSS has issued instructions about CalWORKs eligibility for Southern California fire victims and evacuees.  New applicants who are fire evacuees may not have access to verification because of the fires.  If the applicant and the county make a good faith effort to obtain verification and are unable to do so, the county must accept the evacuee’s statements signed under penalty of perjury in lieu of verification.

Evacuees who are homeless are eligible for homeless assistance even if they have used homeless assistance in the last 12 months because displacement due to disaster is an exception to that time limit.

Evacuee families should be evaluated for immediate need.  Although liquid resources count when determining eligibility for immediate need, resources that cannot be converted to cash because of the disaster do not count as liquid resources when determining eligibility for immediate need.

Counties must consider whether income that was being received will be reasonably anticipated to continue because of the fires.  If income is not reasonably anticipated because of the fires, it does not count when determining CalWORKs eligibility.  Disaster assistance from federal, state or local governments, or disaster assistance organizations, does not count as income for CalWORKs.

Real and personal property that cannot be accessed, occupied or sold because of the fires does not count for purposes of CalWORKs eligibility.  If verification of property cannot be obtained because of the fires, the county must accept a statement under penalty of perjury.

Although family members may be separated because of the fire, family members are considered temporarily absent if they intend to reunite within one full calendar month.  Evacuees can maintain a home in a different county if they intend to return to their prior home county within  four months.

Families who are participating in Welfare-to-Work should be evaluated for good cause for non- participation or a Welfare-to-Work exemption.  Families should also be evaluated for barrier removal services such as mental health services or housing stabilization program.

Displaced families must comply with semi-annual and annual reporting requirements.  However, good cause rules apply for reports filed late because of the disaster.  If the report is filed in the first month after it is due, the county must evaluate good cause for late filing.  If the report is filed after the first month after it is due, the county must evaluate good cause on request from the assistance unit.  (All County Welfare Directors Letter, December 15, 2017.)

CalFresh for persons displaced by disaster

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CDSS has issued instructions about CalFresh for persons displaced by disaster including the December 2017 Southern California fires.  The guidance is the same as was issued for the Northern California fires but makes clear that it applies to all emergencies that result in people being displaced within California.

County welfare departments statewide are to serve displaced applicants under regular CalFresh rules, including expedited service, regardless of whether they are permanent residents of the county of application.  If verification of residency or other verification is impossible, the county must accept self-certification.  The county must also provide options for mailing to persons without a permanent mailing address.

Counties statewide must serve displaced households with an active CalFresh case in the disaster-affected area.  The county may contact the county with the active case for assistance.  Counties  must displaced households regardless of the computer system consortia used by the county.

Food lost because of a disaster can be replaced.  A household must complete the Reinstatement and Affidavit/Authorization (CF 303) form to receive replacement benefits unless mass replacement benefits are issued.  Families cannot receive both individual replacement benefits and mass replacement benefits.

Counties are encouraged to inform displaced households about CalFresh availability and replacement benefits.  (All County Welfare Directors Letter, December 19, 2017.)

Manufactured home space rental with Housing Choice Voucher

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The United States Department of Housing and Urban Development (HUD) has issued guidance about using Housing Choice Vouchers for manufactured home space rent.  A Housing Choice Voucher now covers monthly payments to amortize the cost of purchasing a manufactured home in addition to space rent, utilities and owner maintenance and management charges for the space.  Monthly payments toward purchasing of the manufactured home include principal, interest, property taxes and insurance, and debt service costs.  Any increase in debt service costs from refinancing while living in the manufactured home are excluded.

If the HAP amount exceed the the rent to the space owner, the housing authority can either pay the remaining balance to the family or pay the remaining balance to either the lender or the utility supplier or both if they are willing to accept HAP payments.

The family is obligated to promptly report any changes in the loan payment amount.

The housing authority must recalculate the manufactured home space rent HAP at the first regular reexamination after April 18, 2017.  (PIH Notice 2017-18, September 7, 2017.)

Eligibility for children with exceptional needs for part day preschool

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The California Department of Education (CDE) has issued instructions implementing eligibility for children with exceptional needs for Part-day California State Preschool Programs (CSPP).

Part-day CSPPs operate no less than three hours and no more than four hours per day for at least 175 days per year.  These programs serve children who are three or four years old before September 1 of the fiscal year in which they are served.

Children are enrolled on a priority basis.  First priority is three or four year olds who are receiving child protective services or who are identified as at-risk of abuse, neglect or exploitation.  Second priority is eligible four year olds who are not enrolled in transitional kindergarten, in income ranking order.  Third priority is eligible three year olds in income ranking order.  Fourth priority is children in families whose income is no more than 15 percent above the income eligibility threshold, with up to 10 percent of the enrolled children over the income eligibility threshold.

Contractors may enroll age eligible children with exceptional needs whose family income is above the income eligibility threshold after all otherwise eligible children have been enrolled.  Children with exceptional needs are children who have an individualized family service plan or an individualized education plan, receive early intervention and related services or appropriate special education, and require the special attention of adults in a child care setting.  Families with children who have exceptional needs and have income above the eligibility threshold are considered income eligible for Part-day CSPP.  (Management Bulletin 17-12, September, 2017.)