COVID-19 supporting emergency care and placement

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The California Department of Social Services (CDSS) has provided guidance regarding new placement and funding flexibility to support emergency care and placement of children and nonminor dependents because of COVID-19.  If there is no other placement available, counties may use the emergency placement process to allow placement with an unapproved family.  These placements must include in-home inspection of the potential home, and California Law Enforcement Telecommunications System (CLETS) and child abuse checks.  The in-home inspection must be done in person.  The caregiver must complete and sign the criminal history disclosure form.

If local live scan services are not reasonably available, the time for the caregiver to submit fingerprints can be extended up to 90 days after the end of the shelter in place order.

Emergency caregivers are eligible for emergency caregiver funding.  This funding shall continue if approval exceeds 365 days because of delay in the Resource Family Approval process because of COVID-19.

Children who are exposed to, test positive for or present symptoms of COVID-19 may temporarily need a higher level of medical care and supervision.  CDSS authorizes paying a higher rate when the child requires isolation or quarantine because of COVID-19 and as a result there are increase care and supervision needs, or the child requires a new placement because of COVID-19.

Children in a Short-Term Residental Therapeutic Program may need to be moved.  If the higher rate is insufficient to find a placement for these children, the county is authorized to negotiate a rate for a family willing to accept the child.  (ACL 20-44, April 17, 2020.)

COVID-19 individual stimulus payment for dependents of Social Security, SSI and VA benefits

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The Internal Revenue Service (IRS) has issued a special alert that Social Security and Railroad Retirement recipients who enter information on the IRS portal by noon Eastern time on April 22, 2020 can get the $500 per dependent payment at the same time as their individual stimulus payment.  After noon Eastern Time on April 22, 2020, Social Security recipients the will no longer be available to enter dependent information.  After noon Eastern time on April 22, 2020, Social Security and Railroad Retirement recipients will only be able to get the $500 per dependent payment by filing a tax return and the $500 per dependent payment will be issued sometime after the $1,200 individual payment.

SSI and VA benefits recipients will have more time to enter dependent information into the portal.  Their deadline has not yet been determined.  Note that a Social Security press release states that the deadline will be in April.  After that deadline, SSI and VA benefits recipients will need to file a tax return to get the $500 per dependent payment.  (IR 2020-76, April 20, 2020.)

COVID-19 and Extended Foster Care

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The California Department of Social Services (CDSS) is extending the Extended Foster Care program for nonminor dependents currently in Extended Foster Care who turn 21 on or after April 18, 2020 until June 30, 2020.  Before a nonminor dependent reaches their 21st birthday, counties should discuss this temporary extension with the nonminor dependent to determine if they want it.

Counties should be flexible with nonminor dependents who cannot meet eligibility criteria because of COVID-19.  In general, nonminor dependants must be either completing secondary education or in a program leading to an equivalent credential, enrolled in college or vocational education, participating in a program to promote or remove barriers to employment, be employed for at least 80 hours per month, or be incapable of doing other activities because of a medical condition.

Nonminor dependents who have lost their jobs or had their education disrupted remain eligible for Extended Foster Care.  Nonminor dependents who are doing distance learning remain eligible for Extended Foster Care.  Nonminor dependents remain eligible if they cannot participate because of COVID-19 but are doing programs to promote or reduce barriers to employment or have a medical condition that prevents them from participating.  Medical conditions can be short or long-term.  Written verification from a health care practitioner can be obtained after social distancing orders are lifted.

If eligibility cannot be maintained using this flexibility, placements must be continued until June 30, 2020.

Nonminors ages 18 to 21 requesting entry or re-entry into Extended Foster Care must continue to be served.  A nonminor’s inability to meet participation requirements because of COVID-19 is not a reason to deny entry or reentry.  Forms must still be completed but they can be temporarily done without a face-to-face meeting.

Nonminor dependants who have housing disruptions, including living in a college dormitory, must be given assistance in finding a safe and appropriate housing option.  (ACL 20-45, April 18, 2020.)

COVID-19 personal protective equipment for IHSS providers

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The California Department of Social Services (CDSS) informs counties that personal protective equipment is being made available to In-Home Supportive Services (IHSS) Public Authority offices in each county to distribute to IHSS Providers who are taking care of individuals with suspect or confirmed COVID-19.  Each set of personal protective equipment will include a face mask and a pair of gloves.  (ACL 20-41, April 17, 2020.)

THIS ACL IS SUPERCEEDED.  SEE ACL 20-57, summarized here.

COVID-19 extended sick leave for food service workers

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Governor Newsom has issued an Executive Order giving extended sick leave to food service workers impacted by COVID-19.  The Order grants 80 additional hours of sick leave to food service workers, as defined in the Order, who were working full time or scheduled to work 40 hours per week the two weeks prior to taking sick leave.  The workers must be subject to a quarantine order, advised by a health care professional to self-quarantine or isolate, or are prohibited from working by the employer because of health concerns related to COVID-19 to be eligible. Part time workers are eligible for extended sick leave based on the number of hours they have worked or are expected to work.

An employer may not require using other paid or unpaid leave, paid time off or vacation time prior to using supplemental sick leave.

The Labor Commissioner shall enforce this Order.  The supplemental paid sick leave will be effective for the pendency of any statewide stay-at-home orders issued by the State Public Health Officer.  (Executive Order N-51-20, April 16, 2020.)

COVID-19 insurance refunds, credits and reductions

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The Department of Insurance (DOI) has orders insurers to make premium refunds for March and April, 2020 because of COVID-19 because of curtailed activities of policyholders.  These refunds are for private auto insurance, commercial auto insurance, workers’ compensation insurance, commercial multiple peril insurance, commercial liability insurance, medical malpractice insurance, and any other line of coverage where measures of risk have become substantially overstated because of COVID-19.

Insurers can reclassify exposure or reduce the exposure base (miles driven, payroll receipt etc) without prior approval of rates or rules by DOI if done consistent with the insurer’s existing rate plan.

Insurers may refund premium without prior DOI approval if they apply a uniform premium reduction for all policyholders in an individual line of insurance.  The amount of the refund can be an average percentage based on estimated change in risk and/or reduction in exposure base.

Alternatively, insurers can reassess the classification and exposure bases of affected risks on a case-by-case basis. For example, an insurer could reclassify a personal automobile exposure from commute use to pleasure use and reduce estimated miles driven accordingly for the duration of COVID-19.

Insurers must provide each affected policyholder a notice of the amount of the refund, and a check, premium credit, reduction, return of premium or other adjustment within 120 days.  Insurers must report to DOI actions taken and planned to refund premiums within 60 days. (Bulletin 2020-3, April 13, 2020.)