CalWORKs and CalFresh Administrative Disqualification Hearings

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The California Department of Social Services has issued instructions about Administrative Disqualification Hearings (ADH) for CalWORKs and CalFresh.  Counties investigate cases of alleged Intentional Program Violation (IPV).  These cases are pursued either through administrative or criminal proceedings.

For CalFresh, an IPV is intentionally either making a false or misleading statement; misrepresenting, concealing or withholding facts; or committing any act that violates the Food Stamp Act or the CalFresh program regulations. The county can initiate a CalFresh ADH by informing CDSS State Hearings Division that it has clear and convincing documentary evidence of an IPV.

For CalWORKs, an IPV is intentionally making a false or misleading statement or misrepresenting, concealing or withholding facts; committing any act intended to mislead, misrepresent, conceal or withhold facts or propound a falsity; and committing these acts to establish or maintain CalWORKs eligibility or to increase or prevent a reduction in the amount of a CalWORKs grant.  The county can initiate a CalWORKs ADH when the county determines that the respondent has committed an ADH based on preponderance of the evidence.

If the case meets the definition of an IPV, the case must be referred to the District Attorney for prosecution or to the ADH process.  If the case is not accepted by the District Attorney or the District Attorney does not act on the referral, the county must initiate ADH proceedings.

Upon receipt of an ADH referral, CDSS will give written notice of a state hearing to the respondent at least 30 days before the hearing.  The notice of hearing must be either personally served or mailed by first class mail at least 30 days before the hearing.  If the respondent no longer receives benefits, the county must verify the respondent’s mailing address prior to mailing the IPV notice.  If the hearing notice is returned as undeliverable, the hearing will be postponed to allow the county to verify or obtain a valid mailing address.  If the hearing notice continues to be returned as undeliverable, a hearing will not be scheduled until the county obtains another verified address.

If an individual is found to have committed an IPV through the ADH process or the individual signs an ADH waiver, the county must send the individual an Administrative Disqualification Notice using a specified form.  (ACL 17-118, November 21, 2017.)

IHSS assessments

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CDSS has issued instructions regarding social worker assessments of IHSS eligibility.  Social workers must now use hourly task guidelines instead of time per task in determining eligibility for and number of hours in 12 program service areas.  The other 13 program service areas have time guidelines without specific ranges for each functional rank.

Counties must continue to conduct individualized needs assessments and to assess needs based in part on the individual’s functional level of impairment.  The social worker must also explore any special needs or other circumstances that assist in determining time needed inside or outside the associated time range for the functional level of impairment.

Exceptions to the hourly task guidelines are only allowed when necessary to allow the applicant or recipient to remain safely in their home.  The rules for domestic and related services, alternative services and age appropriate guidelines are unchanged.

CDSS included an optional fact sheet that social workers can give to IHSS clients, new annotated assessment criteria, and a new IHSS social worker handbook that includes new model assessment forms.  (ACIN I-82-17, December 5, 2017.)

CalWORKs Educational Opportunity and Attainment Program

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The California Department of Social Services has issued instructions regarding implementation of the CalWORKs Educational Opportunity and Attainment Program at Welfare and Institutions Code Sections 11340-11346.  CalWORKs recipients can apply for a one-time $500 award for completing a high school diploma or its equivalent, and a one-time $1,000 stipend for enrollment in a term of an education or training program leading to a career technical education certificate, an associate’s degree or a bachelor’s degree.

The $500 award for completing a high school degree or its equivalent is available to any individual receiving CalWORKs on his or her behalf regardless of whether the recipient has a Welfare-to-Work plan for completion of a high school diploma or equivalent after January 1, 2018.  Cal-Learn participants are ineligible for this award.  If verification of completion is submitted before the 11th of the month, payment must be made by the end of the month.  If verification is submitted after the 11th of the month, payment must be made during the next month.

The $1,000 stipend requires enrollment in an education or training program that is included in the recipients Welfare-to-Work plan for a term that begins on or after January 1, 2018.  The county must certify eligibility for the stipend within 10 business days of receiving verification and must issue the payment at the outset of the term.  Completion of the term is not required to receive the stipend.

Recipients are ineligible for either the education incentive award or the education stipend in any month during which the recipient is sanctioned.  Recipients are permanently ineligible if they have exhausted their 48-month time on aid limit or have committed public assistance fraud.

For CalWORKs, the awards are considered a non-recurring lump sum and property in the month received and any subsequent months.  The awards are not income for CalWORKs.  For CalFresh, the awards are excluded as income and resources.

Counties cannot require recipients to use the awards for CalWORKs supportive services.

The program has $4 million in one-time funding.  Counties are required to provide the awards only to the extent funding is allocated.   (ACL 17-115, November 20, 2017.)

IHSS Protective Supervision Notice of Action messages

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CDSS has issued instructions about Notices of Action for determinations about In Home Supportive Services Protective Supervision.  CDSS developed Notice of Action messages to provide additional explanation for a Protective Supervision determination.  The purpose of the messages is to increase understanding of the basis for a Protective Supervision determination.  County social workers can select the message to be included in the Notice of Action.

The messages include explanations for no risk of injury, hazard or accident; individual is self-directing, not mentally impaired or mentally ill; need is caused by a medical condition and supervision required is medical; no eligibility for anticipation of a medical emergency; no eligibility to prevent or control aggressive or anti-social behavior; no eligibility to guard against deliberate self-harm; and no need for 24 hour supervision.  (ACL 17-110, October 31, 2017.)

County requirements to provide equal access to deaf IHSS applicants, recipients and providers

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CDSS has issued instructions providing equal communication access and accessibility of materials to deaf or hard-of-hearing IHSS applicants, recipients and providers.  Counties must provide all possible guidance and assistance to ensure effective communication with all IHSS program participants, including those who are deaf or hard-of-hearing and must provide equal access to information and data.  This requirement applies to any deaf or hard-of-hearing program participant and is not limited to when deaf or hard-of hearing program participants are more than five percent of the population served by the local office.

Counties must have equipment to properly communicate with deaf or hard-of-hearing program participants during intake assessment, reassessment, and when addressing inquiries and providing information, which must be done without delay.  These communications must be offered in a manner easily accessible to program participants, which may be met using paid sign language interpreters, qualified sign language employees or qualified sign language interpreters from other agencies.  Auxiliary aids can include, TDD, assistive listening devices and television captioning.  (ACIN I-69-17, October 13, 2017.)

Emergency child care program for foster children

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CDSS has issued instructions about the child care Bridge Program.  The program provides emergency child care vouchers, child care navigator services and trauma-informed care training and coaching in counties that choose to participate in the program.

Families eligible for the child care Bridge Program payment include resource families and families who have a child placed with them in an emergency or for a compelling reason, licensed foster family home or certified family homes, approved homes of relatives and nonrelative extended family members, and parents under the jurisdiction of the juvenile court, including non-minor dependant parents.

These families can receive a payment or voucher when work or school responsibilities prevent the eligible families from being at home when the foster child is not in school or when the family is required to participate in activities of parenting beyond ordinary parental duties such as administrative or judicial reviews, case conferences and family trainings.

The payment or voucher is available for up to six months until the child is placed in long-term subsidized child care.  The payment can be extended to up to 12 months at the county’s discretion if the family is unable to secure long-term child care in the first six months.

The child care navigator works for the local Resource and Referral agency and assists the family with locating child care and developing a long-term plan for child care.

The Resource and Referral agency also provides trauma-informed care and coaching to providers and children of parenting youth in the foster care system.

Resource and Referral agencies must enter into a memorandum of understanding or contract with the county child welfare agency.

Counties must apply for the program by November 30, 2017.  (ACL 17-109, October 27, 2017.)