Telephone Interviews for CalWORKs

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CDSS has issued instructions to counties about SB 947 which allows counties to do telephone interviews for CalWORKs effective January 1, 2017.  Counties can choose whether to do telephone interviews for CalWORKs.  A county that chooses to do telephone interviews can do face-to-face interviews on a case-by-case basis.  Those counties must provide a face-to-face interview if requested by the CalWORKs applicant or recipient. The county must have procedures in their county plan for conducting telephone interviews.

Telephone interviews must occur within seven working days of filing of the application.  If an applicant meets the immediate need interview requirements on the application, the telephone interview must occur no later than the next working day.

For telephone interviews, there are three ways counties can obtain signatures on documents.  The county can mail the documents to the applicant or recipient.  The county can use an interactive voice response system that has a PIN number that can act as an electronic signature.  In addition, if the application was filed online, the county can upload documents to the applicant or recipient’s online account.  A journal entry stating the client attested to the information is not sufficient.  CDSS provided a chart that outlines the county’s options regarding telephone interviews.  ACL 16-119 (December 30, 2016).

County Welfare Department Use of Consumer Credit Reports

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NOTE — The section of this ACL regarding the Work Number being used in conjunction with, but not in lieu of, existing income and eligibility sources, is superseded by ACL 21-23.

CDSS has issued instructions to counties about SB 1232 regarding county welfare department use of consumer credit reports.  An example of a consumer credit report is a report from “The Work Number.”  These requirements are mandatory effective January 1, 2017.

Counties cannot obtain consumer credit reports without written authorization of the applicant or recipient.  Consumer credit reports can be used in conjunction with existing fraud detection resources.  Consumer credit reports cannot be used as the only means of verification.  The SAWS 2 Plus, CF 285 and CF 37 have been modified to include authorization for counties to obtain consumer credit reports.

If a county takes adverse action based on information in a consumer credit report, the county must provide an informing notice in addition to the notice of action.  The informing notice must include the name, address and telephone number of the consumer credit reporting agency, a statement that the consumer credit reporting agency did not make the decision, a statement of the right to free disclosure from the consumer credit reporting agency within 60 days and a statement of the right to dispute the accuracy of the information with the consumer credit reporting agency.

Information from a consumer credit report must be made available to an applicant or recipient who requests it from the county welfare department or if an applicant requests a fair hearing to regarding the information in the consumer credit report.  Note that information received from “The Work Number” is not considered verified upon receipt for CalFresh.  Counties cannot require applicants or recipients to submit hard-copy documentation that is duplicative of the information obtained from a consumer credit report.  ACL 16-118 (December 30, 2016).

 

Adoption Assistance Program Notice of Action and Overpayments

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CDSS has transmitted a new form notice of action for the Adoption Assistance Program and instructions regarding Adoption Assistance Program overpayments.  The instructions require that the comment section of the form be used to provide the reason for and clarification of the action taken.  The instructions also require that specific regulation supporting the county’s action be cited in the form.

CDSS also states that there are only three situations when an Adoption Assistance Program overpayment is collectable: 1) The responsible public agency has determined that the adoptive parents are no longer legally responsible for the support of the child; 2) The responsible public agency has determined that the adoptive parents are no longer supporting the child and 3) The responsible public agency determines the adoptive parents may have committed fraud.

Counties cannot demand repayment caused by county error.  ACL 16-29 (November 7, 2016).

Deeming Welfare -to-Work Hours for WIOA Career Pathways

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CDSS has issued instructions about counting Welfare-to-Work hours for Workforce Investment Innovation and Opportunity Act (WIOA) Career Pathways participation.  As required by Welfare and Institutions Code Section 11322.83, when a WTW participant participates and is making satisfactory progress in an Approved WIOA Career Pathway, the participant is deemed to be meeting minimum participation requirements regardless of the actual number of hours of participation.  See ACL 16-51 for additional information about county welfare department collaboration with WIOA programs.

WIOA Career Pathway participation does not automatically meet federal participation standards.   Unless the WIOA Career Pathway program also meets federal participation standards, the participant’s 24 months WTW clock will tick while participating in a WIOA Career Pathway.

For the county to deem participation in an Approved WIOA Career Pathway as meeting WTW participation requirements, the Career Pathway must 1) be included in the participant’s WTW Plan; 2) meet the requirements of a career pathway program approved by the local workforce development board and 3) the participant must be making satisfactory progress in the pathway. ACL 16-102 (December 12, 2016).

ABAWD 36-Month Fixed Statewide Clock

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In general, able bodied adults without children (ABAWDs) are eligible for CalFresh for only three months within a 36 month period unless the client 1) lives in a county or area of a county that has an ABAWD waiver; 2) satisfies the ABAWD work requirement; 3) qualifies for an exemption or 4) is granted an individual 15 percent exemption.

California has had a statewide waiver of the ABAWD rule.  This waiver expires on December 31, 2017.  CDSS has decided to implement the 36 month period using a fixed statewide clock.  This means all ABAWDs will have the same time 36 month time period, and when the clock starts it will continue uninterrupted.  The clock will begin on January 1, 2017 and will reset on January 1, 2020.  When the statewide clock ends, all ABAWDs will have their clock restart and can again receive their 3 months of CalFresh.  The choice to use a fixed statewide clock is intended to maximize benefits.  ACIN I-88-16 (December 14, 2016).

Spanish Language Learning Disabilities Screening

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CDSS has released a validated Spanish language learning disabilities screening tool.  Counties are to begin using the tool for Spanish speaking clients immediately. The tool must be administered either by a bilingual staff member or with a Spanish speaking interpreter.  Counties must offer learning disability screening at the first Welfare-to-Work contact (orientation or appraisal) or at the latest at assessment.  This offer must be made both verbally and in writing.

CDSS does not have a learning disability screening tool for languages other than English or Spanish.  For other languages, counties must perform learning disability screening based on discussion with and observation of the client.  Counties must refer clients whose primary language is not English or Spanish for learning disability screening.  (See ACL 15-101.)  ACL 16-93 (November 21, 2016).