ACL 11-55: IHSS Medical Certification Form (7/27/11)

Starting August 1st, all new IHSS applicants must have a new form SOC 873 completed.  Recipients must have the form completed around the time of their reassessment. (The ACL also describes alternative documentation to the 873 that will be acceptable.) New WIC section 12309.1 required a medical certification form that includes a declaration from a licensed health care professional that the applicant/recipient is unable to independently perform some activity of daily living and that without the assistance of IHSS services, the applicant/recipient would be at risk of placement in out-of-home care. The form must also include a description of any condition or functional limitation that has resulted in, or contributed to, the applicant/recipient’s need for assistance. (Same purpose, new look.)  Individuals will have 45 days from the date the county requests the form to obtain the verification, with good cause extensions for recipients (but not applicants).  The form must have questions 5 and 6 completed.  The county will perform an assessment only if both 5 and 6 answers are YES.  If either is a “no” IHSS will be denied, and for recipients, services terminated. Once the new form is completed, it does not need to be done at subsequent reassessments, as counties can use the 873 or their own form at that time.

Counties can give the form to the applicant/recipient, but if the person requests assistance, the county must send it for them.  (Even if the county sends the form, it is the individual’s responsibility to ensure it is returned, but can sign the release section on the form, which permits the counties to contact the provider.)  If 5 and 6 are marked “yes” the form will not be the sole determinative factor in services, as usual.   [Download]

ACL 11-52: FY 2011-12 CalWORKs Child Care Programs – Update to ACL 11-38 re: Family Fees (7/19/11)

This letter overrides the portions of ACL 11-38 impacted by of the  AB 114 budget bill.  AB 114 reestablished Stage One child care age eligibility for 11 and 12 year olds, to the extent funds are available, returning the program to the same procedures in place prior to the SB 70 budget cuts.  In doing so, it rescinds the first priority for enrollment (or wait lists) for a before or after school program, putting back in place the preferred placement rule.

AB 114 also eliminated the 10% family fees, but maintained lowering of the income eligibility limit to 70 percent of the State Median Income. Therefore, the family fee schedule will only be adjusted to incorporate the lower income eligibility limit.  AB 114 also lowered the CDE contract reductions from 15% to 11% for CalWORKs Stage Three and other CDE child care programs. These reductions do not affect CalWORKs
Stage One or CalWORKs Stage Two contracts.

CWDs must send an informing notice (suggested language provided) to CalWORKs Stage One Child Care clients regarding 11-12 year old changes. [Download]

 

ACL 11-47: CalWORKs Treatment of Adoption Assistance Program Payments (7/21/11)

As a result of the Cadaret lawsuit, this ACL was issued to remind counties that Adoption Assistance Program (AAP) payments made to families applying for or receiving CalWORKs are to exempt as income.  Although “effectively immediately,” this instruction is based on a 1990 federal clarification that was implemented through ACL 90-101.  Additionally, if a CWD becomes aware of any cases in which AAP payments incorrectly included AAP as income when determining eligibility for an applicant or when calculating a cash grant for a recipient, the CWD must take corrective action to reevaluate the eligibility and recalculate prior cash grants excluding the AAP payment, and restore any lost benefits. [Download]

ACL 11-50: CalWORKs: Repeal Of The New Incremental Grant Reductions For Certain Child-Only Cases And Repeal Of The Expansion Of The Short-Term Changes (7/15/11)

Ding-dong, the wicked witch is dead! Thanks to the budget bill, the SB 72 provisions to cut most child only grants was repealed.  All notices are to be rescinded and any households affected given a supplemental payment.  Although the CalWORKs budget will be recalculated, there will be no change (or overissuance) in CalFresh, due to the budgeting rules. The budget bill also did away with the county option to provide off-the-clock exemptions of caretakers of 24-35 months children.  (The 12-23 month exemption remains in place.) [Download]

ACL 11-48: The Tax Relief, Unemployment Insurance Reauthorization, And Job Creation Act Of 2010 (P.L. 111-312) (6/28/11)

PL 111-312 includes a provision that disregards tax refunds received after December 31, 2009 as income and as resources (for a period of 12 months) in programs funded in whole or in part with federal funds.  This letter clarifies that it applies to programs such as Title IV-E Foster Care, the Title IV-E Adoption Assistance Program and the Title IV-E Guardianship Assistance Program.

Tax refunds must be excluded from consideration as income in the month received and must be excluded from consideration as an asset for 12 months following the month in which it was received. The letter states that workers must ensure that income information being sought and that individuals are providing, does not include a federal tax refund received after December 31, 2009.

This also applies to assets, which are excluded a tax refund for 12 months after the month the refund was received. [Download]