The Gomez v. Saenz lawsuit settlement provided individuals with the opportunity to challenge their listing on the Child Abuse Central Index (CACI), and created grievance hearing procedures for this purpose. This ACIN lists the new grievance hearing requirements, pending approval of the regulations on this issue. It covers advising individuals of their right to the hearing and the process, the nature of the request form, scheduling of the hearing, and how the hearing will be conducted. [Download]
Summaries of select CalWORKs, CalFresh, Health and Housing Regulations
ACL 08-12: Implementation Of Assembly Bill 1331 (3/19/08)
AB 1331 requires counties to screen all foster youth for potential SSI/SSP eligibility when foster youth are at least 16.5 years of age and no more than 17.5 years of age. The statute also addresses the problem with current federal regulations, which causes the denial of SSI to youth getting foster care benefits over the SSI level of PRIOR to having a medical eligibility determination. Counties are to forego federal AFDC-FC benefits for the potentially SSI/SSP eligible youth for one month, during which time an SSI/SSP application is submitted. Social Security agreed to accept and process applications for foster youth during the month they are in receipt of State AFDC-FC. Counties thus must transfer a youth from federal AFDC-FC to State AFDC-FC for one month while the SSI/SSP application is submitted. After the one month transfer, the youth must be transferred back to federal AFDC-FC. The letter reminds counties to submit applications early enough to allow a determination to be made by SSA as to the youth’s eligibility PRIOR to the youth’s emancipation (estimating this takes six months!). Once the youth has been determined to be medically eligible for SSI/SSP, if the youth is in receipt of federal AFDC-FC benefits in excess to what they would receive in SSI/SSP, counties can request that the SSA put the youth’s SSI/SSP benefits in suspense for up to 12 months.
Though effective January 1, 2008, no additional funds to implement the bill are available in the current Fiscal Year. The ACL encourages counties to implement AB 1331 with existing allocations. [Download]
ACWDL 08-08: The extension of the Qualified Individual 1 program sunset date to June 30, 2008 (2/28/2008)
The QI-1 program provides the state payment of the Part B premiums for Medicare beneficiaries with income below135% FPL. The sunset date for this program has been extended to June 30, 2008. Counties will continue accepting applications and determining eligibility for the program until they receive notice from DHCS that the QI-1 program has been discontinued. [Download]
ACIN I-18-08: IHSS-Residual Eligibility For Non-Citizens (3/12/08)
Instructions for determining if non-citizens who are not eligible for the Personal Care Services Program (PCSP) or the In-Home Supportive Services Plus Waiver (IPW) program due to their immigration status, meet the immigration status requirements for the In-Home Supportive Services-Residual (IHSS-R) program. To be eligible for PCSP or IPW, an individual must be eligible for full scope FFP Medi-Cal, as determined by the California Department of Health Care Services.
Welfare and Institutions Code Section 12305.6 states that non-citizens who would be eligible for SSI/SSP, but for the provisions of welfare reform, continue to be eligible for IHSS-R. This means that any non-citizen who was lawfully admitted for permanent residence (LAPR) or considered to be Permanently Residing Under Color of Law (PRUCOL) meets the immigration status criteria for SSI/SSP eligibility, and is potentially eligible for IHSS-R. The PRUCOL categories and verification requirements can be found in 20 CFR 416.1618 (see Attachment B). This is regardless of entry date or length of U.S. residence. This includes Conditional entrants, people with withholding of deportation, Refugees, Asylees. In addition, Senate Bill 1569 (Chapter 672, Statutes of 2006) made certain victims of human trafficking, domestic violence and other serious crimes potentially eligible for IHSS-R. Refer to All-County Letter (ACL) 06-60 for detailed instructions on this non-citizen category.
“It should be noted that PRUCOL is no longer recognized by the U.S. Citizenship and Immigration Service (CIS), formerly the Immigration and Naturalization Service (INS), so SSI/SSP PRUCOL category found at 20 CFR 416.1618 (b)(17) can rarely be used because CIS will no longer verify the defined situation.” [Download]
HUD PIH Notice 2008-13 – Requests for Exception Payment Standards for Persons with Disabilities as a Reasonable Accommodation (March 10, 2008)
HUD states that “[t]he purpose of this notice is to facilitate the process for review and approval of special payments standards under the Housing Choice Voucher program as a reasonable accommodation for a family with a person with disabilities.” The notice clarifies how to calculate the special payment standard and the type of supporting documents that must be submitted with a request to waive the regular payment standard. The notice permits the 40 percent cap, normally applied only at initial occupancy, to be applied to families that need an exception or special payment standard to remain in their assisted units. [Download]
ACIN I-17-08: CalWORKs Program Hours Of Operations (3/3/08)
Just a reminder that the welfare offices have to to ensure that individuals can apply for and receive aid, including emergency benefits, when counties close their offices during regular office hours. (This was litigated in Blanco v. Anderson in 1995, in an order that also affected the Food Stamp and MediCal programs. However, this letter addresses CalWORKs only.) The county must provide a way to get applications and turn them in during an 8 hour/5 days a week period, and can use drop boxes or phone access. Additionally, the offices must post info on applications, alternative resources, and office hours. [Download]