Child support orders against incarcerated parents

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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

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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.)

CalFresh medical expense deduction

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Elderly or disabled persons can deduct qualifying medical expenses from their income to determine CalFresh eligibility.  Under a federal waiver, until September 30, 2021, households with one elderly or disabled member that have qualifying medical expenses over $35 per month may claim a standard income deduction of $120.  Eligible households with qualifying medical expenses over $155 per month may deduct their actual expenses.

The California Department of Social Services (CDSS) has transmitted the Food and Nutrition Service (FNS) Medical Expense Guide.  In addition to the FNS Guide, California has additional guidance on special circumstances.

A household can report medical expenses at any time during the certification period.  If the report results in an increase in benefits, the change is effective no later than the first allotment issued 10 days after the date the change was reported.  No supplemental benefits can be issued for previous months.  This supersedes previous guidance.

Costs of securing and maintaining a service animal are allowable medical expenses.  Service animals must be specially trained to assist the individual with the medical condition for which the animal is prescribed to be considered as service animal for purposes of CalFresh.  Expenses for an emotional support animal that meets this criteria are countable for purposes of CalFresh.

If it is evident that an animal is specially trained, no verification is needed.  If it is questionable whether the animal qualifies as a service animal, counties can only ask if the applicant/recipient if animal is required for a disability and what tasks the animal is trained to perform.

Direct payments for the costs of a service animal are not income for purposes of CalFresh.

For medical transportation, counties must use the Internal Revenue Service standard business rate to determine the amount of the expense deduction.  (ACL 21-13, February 5, 2021.)

Immediate and continuous child care questions and answers

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The California Department of Social Services (CDSS) has issued questions and answers about Stage One immediate and continuous child care.

Participants who have children under age 6 and are required to participate in Welfare to Work (WTW) for 20 hours per week can receive full time child care.

If an exempt volunteer does not sign a WTW plan and child care is discontinued, when the exemption ends and the client becomes a mandatory participant, counties must give the participant 30 days to secure child care before participation is mandatory.

A mandatory WTW participant who has been authorized for 12 months of State One child care and who later becomes exempt continues to be eligible for child care for the remainder of the 12- month period, regardless of whether they intend to participate as a volunteer.  The only time an exempt client can have their child care discontinued is when they begin receiving child care based on intent to participate but then do not sign a WTW plan.

CalWORKs applicants and recipients must be given a written notice at the time of application and when they sign a WTW plan, informing them of the availability of paid child care and of assistance in finding a provider.

If a client verbally confirms that they have secured child care within 30 days of the date of authorization, the participant can verify child care has been secured through an email, text message, phone call or other communication to the county.

Former CalWORKs recipients can be eligible to receive Stage One child care if no more than 24 months have passed since the former recipient left cash aid.  Former recipients sanctioned before October 1, 2019 who have received CalWORKs in the past 24 months, must express an intent to cure the sanction to be eligible for Stage One child care.

Long term sanctioned CalWORKs participants who express an intent to cure their sanction may get Stage One child care if they are otherwise eligible.  If the participant is already receiving Stage Two or Stage Three child care, may continue to receive services through Stage Two or Stage Three.

Clients with time on their CalWORKs time on aid clock and are engaged in WTW are eligible for Stage One, even if there is another parent in the home.

Immediate and continuous child care is authorized for twelve months, even if the parent stops participating in WTW.

Counties cannot mandate attendance at orientation or appraisal prior to confirmation that the client has secured child care.

Counties must continue to provide child care when an exempt volunteer is not participating in the activity in their WTW plan.  (ACIN I-09-21, January 25, 2021.)

Suspected Unemployment Insurance fraud and identity theft information

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The California Department of Social Services (CDSS) has provided guidance regarding reporting fraud or identity theft when it is suspected that someone else used their information to collect Unemployment Insurance benefits.  In cases where applicants or recipients state that Unemployment Insurance claims have been filed using personal identifying information without their knowledge or consent, counties should help households to report suspected Unemployment Insurance fraud and identity theft.  CDSS has provided a notice to inform clients of resources for reporting suspected identity theft or benefits fraud

In cases of identity theft, counties cannot require any proof such as a police report or documents from the Employment Development Department.  A signed affidavit is acceptable verification for resolving reporting discrepancies.  (ACWDL, January 29, 2021.)

COVID-19 third extension of time eligibility for RCA, ECA and TCVAP

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The California Department of Social Services (CDSS) has issued instructions for an additional extension of time eligibility for Refugee Cash Assistance (RCA), Entrant Cash Assistance (ECA) and Trafficking and Crime Victim Assistance Program (TCVAP).  Effective February 1, 2020, this extension applies to RCA, ECA and TCVAP until April 30, 2021.  This extension is limited to persons whose date of eligibility for benefits is April 1, 2019 through August 31, 2020.

Applicants for RCA, ECA and TCVAP are not required to provide Social Security Numbers.

Verification and documentation requirements are waived for all three programs. Verbal declarations are acceptable verification, including verification of immigration status.

Counties must provide uninterrupted assistance retroactive to February 1, 2021 through April 30, 2021 regardless of whether they received the prior benefits extension.  For benefits recipients who were scheduled to be terminated January 31, 2021, counties must rescind any discontinuances of benefits. Recipients who reached their time limit before August 31, 2020 may reapply for benefits.  Those persons must confirm that they were economically impacted by COVID-19.

People receiving extension benefits must comply with SAR-7 and annual redetermination requirements.

Counties are encouraged to use flexibilities to help client meet employment requirements.  Counties should ensure that all RCA and ECA recipients are enrolled in and referred for employment services and English classes.

TCVAP recipients must provide proof of submission of a T-Visa application within 12 months of the date of application.  Counties should review cases where applicants or recipients are unable to apply for a T-Visa for good cause.  Counties can accept written declarations for verification that an applicant or recipient has applied for a U-Visa.

Counties should disregard certain COVID-19 emergency payments when determining income and assets for applicants impacted by COVID-19.

Counties must notify RCA, ECA and TCVAP recipients receiving extended cash assistance of the time extension and continuance of aid at least 10 days prior to issuing cash payments.  (ACWDL, January 28, 2021.)