The Food and Nutrition Service has extended its waiver of the requirement for recording of telephonic signatures until March 31, 2021 because of COVID-19 for both initial application and recertification interviews. (ACWDL, February 11, 2021.)
Summaries of select CalWORKs, CalFresh, Health and Housing Regulations
Continuation of suspension of state tax intercepts
The Franchise Tax Board announced that state tax intercepts for taxpayer debts will remain suspended until July 31, 2021, except for intercepts for child support collection.
For tax debts, the Franchise Tax Board can modify or releasing a garnishment or levy, place a hold on the collection account, or accept an offer in compromise. (News Release, February 22, 2021.)
Housing supplement to the Transitional Housing Placement for Non-minor Dependents program
The California Department of Social Services (CDSS) has issued about the new housing supplement for Transitional Housing Placement for Non-minor Dependents (THP-NMD). The Housing Supplement will be implemented in CalWIN counties beginning July 1, 2021, and September 1, 2022 for counties using the CalSAWS computer system.
NMDs who are not custodial parents are eligible for the Housing Supplement if the difference between the fair market value for one-half of a two bedroom apartment in the county where the NMD resides is more than 21.45% of the statewide THP-NMD rate. NMDs who are custodial parents are eligible for the Housing Supplement if the difference between the fair market value for a one-bedroom apartment in the county where the NMD resides is more than 21.45% of the statewide THP-NMD rate.
When NMD are placed outside of the placing county, the host county rate is paid. (ACL 20-121, October 30, 2020.)
Child care portal
The California Department of Social Services (CDSS) provides information regarding the Stage One child care immediate and continuous eligibility monthly data report and online summary screen. This child care portal contains current individual family data needed to enroll a family in CalWORKs Child Care services or transfer between stages.
Counties are required to share information necessary for the administration of CalWORKs and child care programs with local contractors providing CalWORKs child care services. Counties must provide limited access to the welfare department computer systems to child care contractors, including a single summary page containing individual family data needed to enroll a family in CalWORKs child care or transfer a family between stages. Counties must also provide Stage Two contractors a report monthly of all families for whom CalWORKs has been discontinued, the parent/caretaker relative has not received aid for at least one month, and the parent/caretaker relative has children in the home who are eligible for child care services.
Counties must give child care portal access to Alternative Payment Providers and/or other contractors providing CalWORKs child care services. (ACIN I-20-21, January 29, 2021.)
Child support orders against incarcerated parents
The California legislature has reenacted Family Code section 4007.5. Effective January 1, 2021, child support obligations will be suspended by operation of law when the child support order is established after January 1, 2021, the parent paying support has been incarcerated or involuntarily institutionalized for more than 90 consecutive days prior to the suspension. This means that payment due on the current child support order, arrears or interest during a qualifying period of incarceration is set to $0 during the period the parent paying support is incarcerated or involuntarily institutionalized. The prior child support obligation resumes on the first day of the first full month after release.
Exceptions to suspension of the child support order are when the parent paying support has the means to pay support while incarcerated or involuntarily institutionalized, is incarcerated or involuntarily institutionalized for domestic violence against the supported party and/or the supported children, various offenses that are subject to restraining order including stalking and harassment, or incarceration is for failure to comply with the child support order.
When the parent paying support has been incarcerated or involuntarily institutionalized, the Local Child Support Agency (LCSA) must administratively adjust the child support order and/or modify the court order. For administrative adjustment, the LCSA must verify: the order was issued on or after January 1, 2021, the period of confinement has lasted more than 90 consecutive days, there is no evidence to support an exclusion from administrative adjustment, the LCSA has sent notice of the intended adjustment to both the person paying support and the person ordered to receive support, and neither party has objected to administrative adjustment within 30 days of receipt of the notice. If either party objects to administrative adjustment, the LCSA must file a motion with the court.
Existing review and adjustment regulations are unchanged. If there is no evidence of support potential when the parent paying support is incarcerated or involuntarily institutionalized, the LCSA can ask the court to establish a zero-dollar order or move that an existing order be modified to zero. If there is evidence the parent paying support has some ability to pay, an order can be established or an existing order can be modified to the appropriate amount.
Family Code section 4007.5 now sunsets on January 1, 2023 unless that date is extended by legislation. Any administrative adjustment action must be completed before January 1, 2023. The prior order must be reinstated on January 1, 2023. (CSSP Letter 21-01, February 10, 2021.)
CalFresh benefit replacement
The California Department of Social Services (CDSS) has issued a reminder regarding CalFresh benefit replacement policies. Requests for replacement of food bought with CalFresh benefits that are lost because of household misfortune are made using the Replacement Affidavit/Authorization (CF 303). There is no limit on the number of replacements in the same month if food is lost in a household misfortune.
For multiple replacements from the same household misfortune, replacement issuance cannot exceed the household’s regular monthly CalFresh allotment. For multiple misfortunes in the same month, each replacement request must be assessed independently and can exceed the household’s regular CalFresh allotment.
A signed statement attesting to the household loss is sufficient and verification of food loss is required only if the signed statement is questionable.
Mass replacements allow for automatic replacement of a certain percentage of household benefits. CDSS must get a federal waiver for mass replacement. Mass replacements are typically issued by zip code. Mass replacement is possible if at least half of the households in the zip code were without power for four hours or more. A zip code can only be approved for one mass issuance per month, regardless of how many disasters occur in a month.
Households that receive a mass replacement can receive an individual replacement if they request it and can verify that the mass replacement did not cover the entire food loss or if there is a second misfortune in the same month. A household that received an individual replacement cannot receive a mass replacement for the same month. (ACL 21-15, February 5, 2021.)