ACL 09-05: CalWORKs Information Regarding California Registered Domestic Partners (RDPs) And Same-Sex Spouses (2/27/09)

Policy direction regarding eligibility of same-sex married spouses to the CalWORKs, Food Stamp, and Refugee Cash Assistance (RCA) programs, and instructions regarding eligibility for Medi-Cal. (DHCS has issued ACWDL 09-03 and ACWDL 09-04 regarding this.) The California RDP is an individual who has a declaration of domestic partnership registered with the California Secretary of State. AB 205 extended these rights and responsibilities to a member of a legal union validly formed in another jurisdiction that is equivalent to a California RDP.

For CalWORKs , RDPs have the same rights and responsibilities as stepparents. Pending judicial resolution, all same-sex marriage licenses issued between June 16, 2008 (when the In re Marriage Cases finding the bar on same-sex marriages unconstitutional became final) and November 4, 2008 (Prop 8 ) are deemed to be valid on the basis of marriage for the purposes of CalWORKs eligibility. Massachusetts and Connecticut also permit same-sex marriages. CalWORKs Stage One child care services does not change – RDPs and same sex spouses are treated as stepparents. The CalWORKs parent will have the option include or exclude the RDP/same-sex spouse in the AU, which could impact the availability of child care in the home. If a RDP/same-sex spouse adopts the eligible child(ren), the RDP/same-sex spouse will be considered a parent and a member of the AU, so the same eligibility requirements for two-parent families will be applied.

No change to the Food Stamp Program, which never cared about this, looking only at the group that purchases/prepares food together.

RCA is the same as CalWORKs.

RDPs/same-sex spouses are not eligible for federal Medi-Cal benefits unless they are a natural or adoptive parent of a child in the AU, the name of both RDPs/same-sex spouse appear on the child’s birth certificate, or they can establish eligibility on their own behalf (e.g. by being aged, blind, disabled, pregnant, etc.) The RDP/same-sex spouse may be eligible for specific state funded Medi-Cal programs because he/she is treated as a spouse under state law. When the RDP/same-sex spouse is not the natural or adoptive parent of a child in the AU, but he/she is eligible for CalWORKs, a separate Medi-Cal determination must be made for that RDP/same-sex spouse and in some instances for the rest of the family. [Download]

ACL 09-13: CalWORKs Child Care Programs Changes To Instructions Regarding The Regional Market Rate (RMR) Payment Ceilings And Family Fees (2/27/09)

This letter rescinds the portion of ACL 09-03 regarding the change in RMR ceiling payments and family fees for CalWORKs families. The recent budget legislation requires child care costs to continue to be reimbursed using the 2005 RMR payment ceilings. Also prohibited the assessment of a family fee for current CalWORKs cash aid recipients. CDSS “has learned that additional coordination and clarification with the California Department of Education (CDE)” is needed, so now tells the counties to continue to assess all CalWORKs child care recipients for a family fee if one would have been applied, until further notice. (Which seems contrary to law, but heh, Regs@ just reports what it says…) [Download]

ACIN I-05-09: (CalWORKs): Changes To The Enter-County Transfer (ICT) Process (1/20/09)

SB 1160, effective 1/1/09, changes the rules re: non-needy caretaker relatives receiving CalWORKs benefits on behalf of children who are dependents of the court, who are not eligible for federal Foster Care. These relatives are now exempt from the face-to-face interview requirement in their new county of residence when the family moves from one county to another. [Download]

ACL 09-03: Changes In Law Affecting The Regional Market Rate Survey, State Median Income And Family Fee Schedule (1/23/09)

The Ed code has been changed to align state law (annual survey of rates) to federal law (biennial survey). The letter also lists the “new” (frozen) Regional Market Rate (RMR) rates and the new (elimination) family fee for current CalWORKs recipients.

The state median index (SMI) used to establish the income ceilings subsidized child care was frozen for 2008-9 at the 2007-8 levels. (Families may receive subsidized child care until their income reaches 75 percent of the SMI. For the CalWORKs Stage One and Stage Two Child Care programs, the SMI applies only to former CalWORKs cash aid recipients including safety net families. Current CalWORKs recipients are categorically
eligible for Stage One and Stage Two child care.)

The 2005-6 family fee schedule will remain in effect until CDE releases the new family fee schedule. (Counties are “encouraged to check the CDE website regularly for updated income ceilings and family fee schedules in order to accurately determine income eligibility and family
fees for former recipients….”)

A recent statutory changes eliminates the family fee requirement for families receiving CalWORKs cash aid, including cases where the children continue to receive a CalWORKs grant such as safety net and sanctioned families. [Download]