Senate Bill 382, which took effect in January 2014, changed requirements for monthly caseworker visits with foster children. The provisions of the bill are now part of amendments to Welf. & Inst. Code Section 16516.5 and 16516.6. In accordance with those sections, no more than two consecutive monthly visits can be held outside the foster child’s residence, the caseworker/social worker/probation officer must advise the foster child that she has the right to request that the private discussion occur outside the group home or foster home, and if the visit does not occur at the child’s residence, the caseworker must document the location of the visit in the case file and court report, along with the reason the visit did not take place at the child’s residence. ACL 14-50.
Summaries of select CalWORKs, CalFresh, Health and Housing Regulations
County instructions on entering reported income
DHCS has provided instructions on how the county should enter income information when applicants enter both or neither current monthly income or projected annual income. Currently, CalHEERS and SAWS are not programmed with appropriate changes for projected annual income. The letter includes information on how to deal with certain situations. DHCS MEDIL I 15-07 (3/9/15).
Income reporting threshold charts for CalWORKs
CalWORKs assistance units, under both semi-annual reporting and annual reporting (child only) rules, are only required to report certain changes between reporting deadlines. An increase in income to the income reporting threshold (IRT) is one change that must be reported. Assistance units must report when their incomes reach the lower of two tiers – either (1) 55% of the federal poverty level for a family of 3 (currently $907) plus the amount of income last used to calculate the assistance unit’s grant or, (2) the amount of income likely to make the assistance unit ineligible for a cash payment. The IRT chart provides the second tier amounts and is effective when it is provided to the assistance unit, though the current chart was adopted by CDSS in October 1, 2014. A new chart goes into effect April 1, 2015 and will remain in effect through September 30, 2015. ACL 15-06.
Reference charts for Medi-Cal eligibility based on 2015 FPLs
DHCS has updated its Medi-Cal eligibility ceiling charts. The effective dates for these amounts vary by program; these dates are listed in the letter. Attached to the letter are FPL calculation charts for monthly and annual income amounts, as well as a breakdown of the eligibility ceiling categories. DHCS ACWDL 15-11 (3/11/15).
Federal judge halts implementation of new IHSS overtime rules
On January 14, 2015, Judge Richard Leon of the U.S. District Court, District of Columbia issued a ruling vacating the U.S. Department of Labor’s revised companionship services definition scheduled to take effect the following day. In response, CDSS has postponed changes related to overtime, travel time and wait time pay for all IHSS providers. The forms and notices previously issued to implement the changes will not be used. Notices were to issue to all IHSS providers and recipients informing them 2014 hours allocations will remain in effect and the planned 61-hour limit will not take effect. The Department of Labor has appealed Judge Leon’s ruling. ACL 15-10.
Retroactive disability determinations and CalWORKs
Medical documentation of disabling conditions that render a recipient exempt from work activity under CalWORKs rules can sometimes be delayed until after recipients have been on aid for several months. Counties must provide the CalWORKs Exemption Request form (CW2186A) and accompanying medical information release from (CW 61) when an applicant or recipient reports a disability impacting regular employment or participation in welfare to work activities. Upon verifying the disability, the county must grant the exemption effective the date the disability began, adjust the 48 and 24 month clocks accordingly and reimburse the recipient for any underpayments of CalWORKs benefits during the period of disability. Counties must schedule and notify recipients of pending dates for review of disability status based upon physician reports regarding the expected duration of the disability or, if the disability is expected to be permanent, at intervals of no less than one year. ACL 15-08.