COVID-19 extension of CalWORKs pregnancy verification, identity verification, interview and signature requirements

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The California Department of Social Services (CDSS) has issued guidance implementing Executive Order N-71-20 which extends flexibility regarding pregnancy verification, identity verification, interview and signature requirements until the end of the State of Emergency or the governor modifies or rescinds Executive Order N-71-20, whichever is sooner.

For aid to a pregnant person in a family that does not include another child, applicants can submit a sworn statement verifying pregnancy when medical verification of pregnancy cannot be provided.  Applicants who cannot provide either medical verification or a sworn statement can provide verbal attestation and medical verification within 30 days.  If after 30 days the applicant presents evidence of good-faith efforts to obtain and submit medical verification, the county must continue aid.

In general, applicants must present photo identification in person before aid can be granted.  A sworn affidavit is acceptable but individuals must present photo identification within 30 days for aid to continue.  If county offices are closed because of COVID-19, aid will continue until the applicant can submit photo identification in person without needing to present evidence of good faith efforts to obtain or submit photo identification.   Applicants will be asked to submit photo identification electronically and to present photo identification in person within 90 days after the California Department of Public Health no longer requires physical distancing.

The requirement for signatures on the CalWORKs application and Rights and Responsibilities form is waived.  When a telephonic or electronic signature is unavailable, the county can document verbal attestation in the case file.  Following verbal attestation, the county must mail the Statement of Facts to the client to be returned via U.S. Mail within 30 working days.  If the applicant presents evidence of good faith efforts to submit the wet signature by mail, the county must continue aid.

The requirement for an interview for applicants is suspended for applicants whose identity has been verified and who have submitted all required verification.  This includes requests for immediate need.

Counties are reminded to use electronic verification when available.  When verification does not exist a sworn statement is adequate except for verification of citizenship.  If required verification exists, it must be submitted to waive the interview requirement.  However, counties cannot deny applications for failure to provide evidence if the county determines that the applicant is making a good faith effort to obtain the evidence.

These rules also apply to Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crimes Victims Assistance Program.  (ACWDL, July 16, 2020.)

COVID-19 CalFresh waiver extension and end of CalFresh interview waivers

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California had three federal waivers for CalFresh because of COVID-19.  The federal waivers for not conducting a face-to-face interview even on request of the applicant, and not requiring requiring specific recording equipment for telephonic signatures are extended until the end of the COVID-19 national emergency.  However, the federal waiver for not conducting CalFresh  initial application and recertification interviews has not been extended.  As a result, counties must begin conducting initial application and recertification interviews no later than August 1, 2020.  For details about these waivers, see ACWDL April 2, 2020, summarized here, and ACWDL May 28, 2020, summarized here.  (ACWDL, July 16, 2020.)

CalFresh waiver extension: reinstatement of eligibility within 30 days of ineligibility

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The California Department of Social Services (CDSS) has instruction regarding extension of the Food and Nutrition Service waiver allowing counties to reinstate CalFresh households that did not submit a semi-annual report, required verification, or other required information if the household takes the required action within 30 days of ineligibility.

Under the waiver, if the household is discontinued for failure to provides a report, required verification, or other required information, but provides the information within 30 days of the date of discontinuance, the county must reinstate the household if the household meets all other eligibility requirements and the current certification period has not expired.   The household’s benefits will be prorated beginning on the date the household took the action to reestablish eligibility.

This wavier will remain in effect until June 30, 2022.  (ACL 20-80, July 14, 2020.)

COVID-19 end of emergency child care and new enrollment priorities

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The California Department of Education (CDE) has issued guidance regarding the end of emergency child care and child care enrollment priorities.  Management Bulletin 20-06A, summarized here, is rescinded and replaced.

Essential workers families, at-risk populations, and children with disabilities or other health care needs, could receive emergency child care through June 30, 2020, or for 60 days following enrollment, whichever is later.  SB 98 extends this emergency child care for an additional 90 days.

Beginning July 1, 2020, there will be an additional 5,600 child care slots for families previously enrolled in emergency child care.

New enrollment in emergency child care cannot occur after June 30, 2020. Families who were receiving emergency child care and were disenrolled prior to July 1, 2020 may be reenrolled before July 15, 2020 without needing to provide additional eligibility and need documentation.

Families enrolled in emergency child care prior to June 30, 2020 have priority for enrollment into ongoing subsidized child care over any other family on the contractor’s waiting list.

CDE strongly encourages contractors to reach out to any families disenrolled from emergency child care to allow them to reenroll before July 15, 2020.

Contractors must provide written notice to families receiving emergency child care after June 30, 2020 if they will be required to pay a family fee effective July 1, 2020.

To the extent possible, beginning July 1, 2020, contractors must begin to transition children who are in enrolled in emergency child care into ongoing non-emergency child care. Families certified for ongoing child care shall receive services for no less than 12 months. (Management Bulletin 20-14, July 13, 2020.)

Discontinuing counting housing subsidies and CalFresh as income for CAPI indigence exception

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The California Department of Social Services (CDSS) has informed counties that, effective June 24, 2020, CalFresh and housing subsidies will not count as income for purposes of determining eligibility for the Cash Assistance Program for Immigrants (CAPI) indigence exception to sponsor deeming.  Counties must reassess and reverse any CAPI denials based solely on inclusion of housing subsidies or CalFresh in determining eligibility for the sponsor deeming indigence exception that were issued by the county on or after June 24, 2020.

The requirement not to count housing subsidies or CalFresh in determining eligibility for the indigence exception to sponsor deeming applies to any hearing or rehearing effective June 24, 2020.  (ACL 20-79, July 7, 2020.)

COVID-19 extension of exceptions to IHSS regulations

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The California Department of Social Services has issued guidance regarding extension of  exceptions to In Home Supportive Services (IHSS) regulations because of COVID-19.

Effective August 4, 2020 until the end of the National Emergency, initial assessments for IHSS applicants can be conducted by videoconference for applicants who have been exposed to, present symptoms of, or test positive for COVID-19.

Counties must immediately begin doing reassessments.  Counties that suspended reassessments must conduct all outstanding reassessments that were suspended by December 31, 2020.  Until the end of the National Emergency, counties can conduct reassessments by videoconference.

Until December 31, 2020, when assessments and reassessments are conducted by telephone or videoconference, counties may accept self-attestation in lieu of original signatures on most required forms.  Original signatures are required for the request for paramedical services, designation of authorized representative, and request to provide waiver.

Until December 31, 2020, counties can continue to allow new IHSS applicants who cannot get a SOC 873 certification form from their health care provider to be considered at imminent risk of out of home placement.  Applicants should have an additional 45 days for good cause to submit a SOC 873 after the county requests it.

Paid sick leave for COVID-19 for IHSS providers will continue in effect until December 31, 2020.  The IHSS provider backup system and additional $2 for backup providers established in ACL 20-29, summarized here, will remain in effect until December 31, 2020.

The requirement for an in-person orientation for new IHSS providers and signing of the Provider Enrollment Agreement will continue to be waived until August 31, 2020.  Effective September 1, 2020, orientations can be conducted either in-person or by videoconference.  Providers enrolled between April and August, 2020 must complete the provider orientation and sign the Provider Enrollment Agreement by December 31, 2020.  In person presentation of government issued photo identification and Social Security card continues to be waived until December 31, 2020.  Until then, counties can accept mailed photocopies or faxes of those documents.  (ACL 20-75, July 6, 2020.)