42-405 Absence from California

.Purpose

Policy

Background

Release Date:

07/25/18

Definitions

Requirements

Verification Docs

CalWORKs

42-405 Absence From California

Purpose

( ) To release a new policy

( ) To release a new form

( ) To convert existing policy to new writing style only – No concept changes

(X) Revision of existing policy and/or form(s)

This release provides policy and procedures for handling cases which are reported on the California Department of Social Services (CDSS) Out-of-State Electronic Benefit Transfer (EBT) Card Usage Report.

What changed?

Effective January 1, 2018, participants displaced due to a disaster declared by the Governor or the President of the United States are considered temporarily absent when out of the State for more than 60 days. The change is as a result of Assembly Bill (AB) 607 (Chapter 501, Statutes of 2017).

Note: Changes are shown highlighted in grey throughout the document.

Policy

An applicant/participant must immediately inform the county to which he/she applied, or the county paying aid, if any Assistance Unit (AU) members move to another county, state, or country, regardless of the anticipated date of return.

Residency in California is an eligibility requirement for the CalWORKs and Refugee Cash Assistance (RCA) Programs. An applicant/participant must cooperate with the County and provide a written statement explaining:

a) The reason for being absent from California;

b) The intent to return to California; and

c) The anticipated date of return.

Failure to promptly provide such statement will result in immediate discontinuance of aid. Aid is to be discontinued mid-period (as a County-initiated action), with a ten-day notice, at the end of the month if the participant:

·	No longer resides in California;
·	Fails to respond within 30 calendar days of an inquiry;
·	Is living in a purchased/leased house/apartment out of the State of California; and
·	Obtained an out-of-state driver’s license since leaving California.

An AU member or the entire AU may be considered temporarily absent and continue receiving cash aid when absent from California due to a Good Cause reason.

Background

Effective January 2011, a Monthly CDSS Out-of-State EBT Card Usage Report was developed by the State. This report requires counties to review cases in which 100 percent of EBT transactions occur out of the State each month.

Assembly Bill 607, also known as the Community Resiliency and Disaster Preparedness Act of 2017, allows a participant to be out of the State for more than 60 days when displaced due to a disaster declared by the Governor or the President of the United States.

Definitions

N/A

Requirements

Whereabouts Unknown

When mail is returned as “undeliverable” or “addressee unknown,” the case must not be automatically discontinued for “whereabouts unknown” because the AU may be eligible for CalWORKs/RCA if they are still residing in California.

The County must attempt a personal contact to resolve the conflicting information.

If…	Then…
The participant reports that they are living in another California County	An Inter-County Transfer (ICT) must be initiated.
The documented contact attempt is unsuccessful	The CalWORKs case is discontinued for “whereabouts unknown” and the Public Assistance CalFresh (PACF) case is converted to Transitional CalFresh (TCF).

EBT Usage Out-of-State

Physical absence from the State indicates a possible change of residence. It may be presumed that when 100 percent of the EBT transactions in a month are occurring outside of California, the family may no longer be residing in California.

With the 2004 statewide implementation of EBT, counties can monitor the EBT activity and transactions of participants. One of the areas monitored is EBT card usage out of California.

While there is nothing illegal about using an EBT card out of state, continued use may be an indication of potential fraud. The AU must be contacted at the last known address to determine if there is a valid reason for the out-of-state transactions (e.g., participant lives along the State border and the nearest large market is in the next state or the participant is temporarily visiting with friends and relatives who live out of state) before making a fraud referral or taking negative action.

If…	Then…
If the AU is nonresponsive, the participant does not respond timely, or the reason for being out of state is not a valid reason to continue aid (e.g., moved out of state)	A timely Notice of Action (NOA) will be issued and the case will be discontinued. In addition, the case will be referred for further investigation, as appropriate.

Good Cause

An AU member or the entire AU may be considered temporarily absent and continue receiving cash aid when absent from California due to a Good Cause such as, but not limited to the following:

	Crisis/Special Situation
	Seeking employment
	Educational/Vocational training
	Hospital/treatment facility
	Visiting a sick or caring for a sick family member
	Displaced in another state for more than 60 days due to a disaster declared by the Governor or the President of the United States and is unable to return to the State due to a disaster

The AU member or the entire AU is considered to have Good Cause in these instances so long as he/she/they have an intent to return to the State.

Verification Documents

Category	Acceptable Documents
Verification of applicant’s/participant’s California residency and intent according to the aid program	PA 1615, Statement of Absence