Effective July 9, 2010 (yeah, last year), annual redeterminations of AFDC of deprivation, is no longer required after the initial linkage determination has been made. A new review process is effective January 1, 2011, and applies to both federal and state foster care cases. Counties shall continue to assess the child and provider circumstances that impact eligibility with the existing forms, annually. [Download]
Summaries of select CalWORKs, CalFresh, Health and Housing Regulations
ACL 11-13: CalWORKs And CalFresh Changes In The Treatment Of Federal Tax Credits And Refunds In The CalWORKs And CalFresh Programs (2/2/11)
Instruction to CWDs regarding changes in the way federal tax credits and refunds will be treated in the CalWORKs and CalFresh Programs, as a result of passage of H.R. 4853, the Tax Relief Bill. Regulations currently require that income tax refunds be treated as non-recurring lump sum payments and counted as resources in the month received. Effective December 17, 2010, counties must exempt all federal income tax credit and refund payments from resource consideration for CalWORKs and CalFresh applicants and recipients for 12 calendar months starting with the month of receipt of the payment. (It’s already exempted as income). CWDs must also exempt all EITC and Making Work Pay Credit payments as income and resources for 12 calendar months, regardless of whether the HH had been participating in the CalFresh or Food Stamp Programs at the time of receipt. [Download]
ACL 11-15: New Kin-Gap Program Requirements (1/31/11)
Effective January 1, 2011,the Kin-Gap program is enhanced. New improvements include:
- Federal Financial Participation (FFP) for foster children placed with an approved relative guardian who are Title IV-E eligible, and providing for a parallel state funded Kin-GAP Program for foster children placed with an approved relative who are not Title IV-E eligible;
- Reducing the length of time that a court-dependent child must reside in the approved home of the prospective relative guardian while under the jurisdiction of the juvenile court or a voluntary placement agreement from 12 to 6 consecutive months;
- Continued eligibility for Kin-GAP regardless of the state of residence
of the relative guardian and child; - Requiring the county child welfare agency, probation department, or Title IV-E agreement tribe to enter into a binding written agreement with the relative guardian;
- Allowing the above entities and the relative guardian to renegotiate the payment amount based on the changing needs of the child and the circumstances of the relative;
- Allowing entry into the Kin-GAP Program under a voluntary placement agreement with an approved relative that resulted in a guardianship being established in juvenile court under W&IC section 360; and
- Extending Kin-GAP benefits to age 21 for a youth who has a physical or mental disability that warrants the continuation of assistance.
[Download]
ACL 11-09: Independent Living Program (ILP) For Non-Related Guardianships (1/19/11)
SB 654, added W&IC section 10609.45, effective January 1, 2011. The statute now provides for new ILP eligibility requirements for former dependent children that entered into a non-related legal guardianship on or after the age of eight, who are getting permanent placement services. The law also includes youth in counties operating under the Title IV-E Waiver Capped Allocation Demonstration Project who are placed with a non-related legal guardian, even if they are not receiving permanent placement services. Counties are to use state funds to provide ILP services to youth placed with non-related legal guardians between the ages of 8 and 15 years old. These youth are eligible for federally funded ILP services at ages 18-21 as “former foster youth,” and if they were dependents getting foster care at age 16. [Download]
ACL 11-12: Criminal Background Checks For IHSS Providers; Expansion Of Exclusionary Crimes; Individual Waivers And General Exceptions Of Exclusions (1/26/11)
Implementing instructions for changes, effective 2/1/11, to W&IC 12305.87, which expands the list of crimes for which a conviction, or incarceration following a conviction, within the last ten years would exclude an individual from being enrolled as an IHSS provider. The statute also establishes provisions which will permit an individual, under certain circumstances, to be enrolled as an IHSS provider in spite of a conviction for an exclusionary crime. In addition to the original set of crimes (now called “Tier 1”) the legislation now covers “Tier 2 exclusionary crimes” (A violent or serious felony, a felony offense for which a person is required to register as a sex offender, and a felony offense for fraud against a public social services program). The Letter includes a complete listing of Tier 2 exclusionary crimes, the specific code sections, and title as well as “plain English” descriptions of the crimes.
An applicant provider found ineligible on the basis of a conviction(s) for a Tier 2 crime, but who otherwise meets all of the provider enrollment requirements, may be permitted to provide services to a specific IHSS recipient(s) if the recipient(s) who chooses to hire the individual despite the conviction(s) submits a request for an individual waiver of the exclusion. The letter reviews the notice and forms to be used for this waiver. [Download]
ACIN I-08-11: Resource Family Recruitment Training And Retention Survey Best Practices (1/21/11)
Examples of best practices submitted by counties in response to the Resource Family Recruitment Training and Retention Survey, and to support Foster Parent Training and Recruitment. [Download]