With a little lawsuit prodding, DSS has issued this reminder and clarification regarding the county requirements to provide interpretive services, going over general obligations as well as specific information regarding the relation between the county’s interpretation obligation and usage of self-provided interpreters. Of note: “It is always the county’s obligation to affirmatively offer interpretive services. … Once the county has been informed that the applicant/recipient needs an interpreter, the county must offer and provide an interpreter at each client contact.” The ACL clarifies that if a person cannot be made or encouraged to use a self-provided interpreter, and that the county must still offer interpretive services if the person arrives at an appointment without the interpreter. The CWD is told to take reasonable steps to determine whether a conflict of interest, confidentiality or other concerns make the use of a friend or family member interpreter inappropriate. If the friend or family member is not competent or appropriate, the county shall provide interpreter services in place of or in addition to the person selected by the applicant/recipient. [Download]
Summaries of select CalWORKs, CalFresh, Health and Housing Regulations
ACL 06-19 – Final Court Order and Clarification Regarding Rosales (June 30, 2006)
This letter supercedes the March ACL on the subject. The Deficit Reduction Act of 2006 “fixed” Rosales, by mandating that foster care income eligibility shall be based solely on the income of the family in the home from which the child was removed, and not the income of the relatives with whom the child is placed. After court clarification, the Rosales criteria (basing foster care on income eligibility of relative/placement home when no financial eligibility in home of removal, as described in MPP 45-202.332) can remain in use through June 9, 2006, and the county must pay any benefits due to such cases until the redetermination of eligibility. The federal court delayed the redetermine eligibility implementation date until June 9, 2006. Thus, Rosales cases can continue to be aided through the month of their next annual redetermination. [Download]
ACL 06-14 – Food Stamp Standard Utility Allowance Increase Effective August 1, 2006 (June 2, 2006)
The Standard Utility Allowance is up (21.5%!), to address rising utility costs. This increase is to be treated as a county-initiated mid-quarter change for all cases for the month of August 2006. Technology pulling the cart, the state has allowed counties, if they can’t program their computers fast enough, to implement this change “as soon as is administratively feasible, but no later than with the issuance of the October 2006 allotment.” The state recommends that counties mail a “mass change” notice, but otherwise, to inform recipients by posting info in the offices …. [Download]
ACIN I-41-06 – Revised Food Stamps “Rights and Responsibilities” and EBT Account Information (June 6, 2006)
The new “R & R” form now has information for Non-Assistance Food Stamp (NAFS) to define the NAFS food stamp work requirements, exemptions, and penalties for failing to comply. This ACIN also includes a revised notice to advise clients that their food stamp EBT account is deactivated because benefits have not been used and when it is reactivated. [Download]
ACIN I-39-06 – Referral of Pregnant Women and Pregnant Minor Cases to Local Child Support Agencies (May 25, 2006)
A reminder to counties, in keeping with spirit but not the wording of Supreme Court decisions, that pregnant women and minor parents are not to be asked to assign support rights for the fetuses. Stating that unborn children are not mandatory members of the Assistance Unit, the County Welfare Department is to make no referral to Child Support Agency until the child is born. [Download]
ACIN I-40-06 – Food Stamp Simplification Options (May 31, 2006)
An unusual, early heads up from the state. The Food Stamp Reauthorization Act of 2002 allows states to simplify and improve the Food Stamp Program. California opted into certain programs, the policy changes of which will take effect October 1, 2006 (more info will come out August 2006):
1. Child Support Exclusion – legally obligated child support payments to a non-household member will be an income exclusion, rather than a deduction.
2. Exclusion of certain types of income and resources that are not counted under CalWORKs.
3. An additional resource exclusion to parallel the CalWORKs treatment of restricted accounts.
4. The elimination of the option to use actual utility costs, and the provision of a $75 Limited Utility Allowance for those households who do not qualify for the SUA (for those who pay at least two separate utilities other than heating and cooling, such as telephone, water, sewer, and garbage or trash). [Download]