ACL 11-12: Criminal Background Checks For IHSS Providers; Expansion Of Exclusionary Crimes; Individual Waivers And General Exceptions Of Exclusions (1/26/11)

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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]

ACL 11-11: Expansion Of Modified Categorical Eligibility For CalFresh To All Non-Assistance CalFresh (NACF) Households (1/27/11)

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On February 1, 2011, Modified Categorical Eligibility (MCE) is expanding to all NACF households! This means that any household (those with children, ABAWD’s and aged/disabled) that got/gets a PUB 275 brochure (or is told where to find it online) can get CalFresh benefits without regard to resources.  If the CWD is unable to implement MCE for all NACF applicant households on February 1, 2011, CWDs must restore lost benefits as soon as administratively feasible. [Download]

ACL 11-04: CalWORKs Family Reunification Services – Q & A (1/27/11)

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After a CPS removal of children from the home, the parents can continue to get CalWORKs WTW services as part of a Family Reunification (FR) plan, for up to 180 days (with good cause extensions). This letter transmits a series of questions and answers initiated by counties regarding FR services. Parents on sanction or penalty (WTW, school attendance, immunization, etc.) can also be required to have an FR plan, but not those ineligible for CalWORKs (e.g. SSI, timed out, barred  nonviolent (drug) felons, etc.)  Parents in a voluntary placement can have a voluntary FR plan. Cases that are closed for “no eligible child” can be reopened, without reapplication, as a CalWORKs FR case. Families which have children remaining in the home are not FR cases (as all children must be gone). [Download]

ACL 11-06: Sponsor Deeming, Indigent Noncitizen Determination And Sponsor Income Verification (1/12/11)

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The long awaited for clarifying letter on indigent sponsor deeming in CalFresh. FNS clarified that California’s policy was not correct, and the letter rescinds it. Counties cannot request verification of income from the sponsor prior to making the indigency determination, based on income actually received. If the immigrant reports receiving income from the sponsor, but the sponsor won’t verify it, the county is to accept an affidavit. Reviews “opting out” and how to treat immigrants who choose not to apply for themselves, and that there is never deeming to children (and other deeming limits.  Counties, when taking action on cases, or at recertification, are to reviews sponsored noncitizens cases to see if they were inappropriately denied an indigent exemption. If so, the county should issue corrective benefits. [Download]