Adoption Assistance Program Notice of Action and Overpayments

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

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

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

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).

CalWORKs Homeless Assistance Program

Effective January 1, 2017, clients are eligible to receive CalWORKs Homeless Assistance once every 12 months with exceptions.  Previously, clients were eligible for Homeless Assistance once in their lifetime with exceptions.  This change is because of AB 1603, Section 15 (2016).

There are two types of Homeless Assistance.  Temporary Homeless Assistance is available to CalWORKs recipients or apparently eligible applicants and provides up to 16 consecutive days of shelter, which is generally a hotel.  Permanent Homeless Assistance provides security deposit, last month rent and utility deposit for commercially available rental unit where rent does not exceed 80 percent of the client’s income.  Alternatively, for clients facing eviction, Permanent Homeless Assistance can provide up to two months or rental arrearages for a client to remain in their unit.

The 12 month period begins the day the welfare department issues the first payment of temporary or permanent homeless assistance.  Exceptions are available once during the 12 month period.  ACL 16-98 (November 30, 2016).

Counting income of children formerly excluded by the MFG rule

CDSS has issued an errata to All County Letter 16-66 about implementation of the repeal of the Maximum Family Grant (MFG) rule.  ACL 16-66 stated changes in MFG status were to be treated as county initiated mid-period changes to be acted on immediately even if the change resulted in a mid-period decrease in the grant.  ACL 16-66E corrects this to state that income from children formerly excluded by the MFG rule is not considered until the beginning of family’s next reporting period unless that income puts the assistance unit over the Income Reporting Threshold.

If the family’s reporting period ends in December, 2016, then income of a child previously excluded by the MFG rule is used to determine the grant beginning in January, 2017.  If the family’s reporting period ends after January, 2017, the income cannot be used until the beginning month of the family’s next reporting period.  ACL 16-66E (November 17, 2016).