.Purpose

Policy

Background

Release Date:

07/30/2020

Definitions

Requirements

Verification Docs

·          

The step/half-sibling(s) can only be added back to the AU’s MAP when the SAR 7, Eligibility Status Report, is due; the Redetermination (RD) is due; or the participant reports mid-period that the child support payment decreased or stopped.

·          

Child support received via CSSD for the step/half-sibling(s) will be sent directly to the participant.

·          

Any income that the step/half-sibling(s) receives will not be counted towards the MAP and Minimum Basic Standard of Adequate Care (MBSAC).

·          

Although the step/half-sibling(s) needs are not considered, he/she will continue to be considered an AU member and will remain otherwise eligible for CalWORKs services, such as cash-linked Medi-Cal, Child Care, and Temporary Homeless Assistance.  In addition, the needs of the step/half-sibling(s) needs will be considered in the MBSAC for the Applicant test.

Requirement

Limit/Condition

Mailer

The CW 52 was centrally mailed to all CalWORKs approved cases the week of September 17, 2018.

Note:  The CW 52 was only sent in English and Spanish.  The English CW 52 along with the GEN 1365, Notice of Language Services, was provided to all Non-English/Spanish speaking participants.

CalWORKs Intake Packets

As of November 1, 2018, CalWORKs district administrators must ensure that the CW 52 is included in all CalWORKs Intake packets that are assembled manually in the district office.

Note:  Applications received prior to November 1, 2018, are ineligible to exclude the step/half-sibling(s).  For applications received prior to November 1, 2018, the participant/caretaker relative can only exclude the step/half-sibling child during the next scheduled SAR 7 or RD. 

CalWORKs RD Packets

As of December 2018, the CW 52 is included in CalWORKs RD packets (due in January 2019) that are centrally mailed to CalWORKs participants.

CalWORKs district administrators must ensure that the CW 52 is included in RD packets that are assembled manually in the district office beginning October 1, 2018.

CalWORKs Eligibility Staff

CalWORKs district administrators and Eligibility staff must ensure the CW 52 has been provided to applicants/participants as part of the Intake process, RD process, mid-period when a child is added to the case, and upon request.

In addition, the Eligibility Worker (EW) must review the policy with the applicant/participant so that they can make an informed decision on whether to exclude the child from the AU.

See Procedures section for more information.

Requirement

Limit/Condition

Request to Exclude Child

A request to exclude a step/half-sibling(s) can only be made at:

1.    Application;

2.    SAR 7; or

3.    RD.

The request must be in writing on the CW 52.

Note:  Applicants/Participants who make a verbal request must be informed that the request must be made in writing and they must be provided with the CW 52.

Effective Date

Once it's determined that the child is eligible to be excluded, the child is excluded as follows:

1.  Application:  For Intake applications, the effective date is the date of application upon CalWORKs approval.  For children who begin living with the family after the initial application has been approved, the addition of the child in the home is considered a new application and the effective date is the first of the next month after the report is received.

2.  SAR 7:  Effective the first of the month of the new payment period when child support income verification has been received. 

3.  RD:  Effective the first of the month of the new payment period when child support income verification has been received.

Request to Add Child

Once the child has been excluded, a request to add the child back to the MAP can only be done in the following instances:

1.    When the SAR 7 is due;

2.    When the RD is due; or

3.    Mid-period when the child support payment has decreased or stopped.

Staff must never add an excluded step/half-sibling back to the AU without a request from the parent/caretaker relative, even if the case will terminate due to the only eligible child no longer being eligible to CalWORKs benefits.

Note:  The request that is made during the SAR 7 or annual RD process does not have to be associated to a decrease or loss of child support.

The request to add the child can be made verbally (face-to-face or telephone call) or in writing on the following forms:

Note: Verbal requests must have a corresponding case Journal entry to document the request.  The Journal entry should include how the request was received, the date the request was received, specify the child they are requesting to add back to the AU and if verification was provided.

Once the child is included as part of the MAP determination,

Effective Date

The child is added back to the MAP as follows:

1.    SAR 7:  The first of the month of the new payment period.

2.    RD:  The first of the month of the new payment period.

3.    Mid-Period (when child support decreases or stops): 

Semi-Annual Reporting (SAR):  If the addition of the child results in a decrease to the CalWORKs grant, the first of the month of the next payment period.  If it does not result in a decrease, the first of the month in which the child support decrease was reported.

Annual Reporting/Child Only (AR/CO):  If the addition of the child results in a decrease to the CalWORKs grant, the first of the following month.  If it does not result in a decrease, the first of the month in which the child support decrease was reported.

MBSAC

The excluded child's income is not counted towards the MBSAC when conducting the CalWORKs Applicant test; however, his/her needs are considered in the MBSAC.

Income and Resources

Step/Half-Sibling Excluded

The income and resources of the step/half-sibling child who is excluded from the MAP are not considered in determining CalWORKs eligibility and the grant amount for the other AU members.  This includes child support payments received.  The child support payment can be direct from the absent parent (with or without a court order) or received from CSSD.  Child support payments received by CSSD will be forwarded directly to the parent/caretaker when the child is excluded from the MAP due to SB 380.

If the step/half-sibling receives both Social Security Administration (SSA) Disability (on behalf of the absent parent's disability) and child support, both sources would count toward the total child support amount received when determining whether the child support amount exceeds the CalWORKs grant amount.

If these payments, either separately or combined, exceed the CalWORKs grant amount for the child, the child is eligible to be excluded.

See Examples Section for additional information.

Step/Half-Sibling Not Excluded

When the step/half-sibling is not excluded, their income and resources would continue to be counted towards the MAP per existing policy.  In addition, for court-ordered child support through CSSD, the participant will continue to receive up to a $50 disregard payment.  The remaining child support collected would be retained by the County.

For child support payments received directly from the absent parent(s) (with or without a court order) the applicant/participant should be advised to forward the payments to CSSD.

Detailed information regarding child support can be found in Administrative Release (AR) 82-500 Child Support Enforcement Program. 

Child Support Enforcement Responsibilities

Although the child is excluded from the MAP due to SB 380, the participant is still required, unless exempt, to cooperate with Child Support as follows:

This process ensures that:

K1 and 3F Cases

K1 and 3F aid codes are assigned to cases that are:

The K1 aid code is for single parent cases and 3F aid code is for two-parent cases.

These cases are exempt from cooperation in the Child Support Enforcement process; however, they are also eligible to exclude a step/half-sibling from the AU's MAP under SB 380, provided they meet the eligibility criteria.  CSSD currently may be providing child support enforcement services to these families on a voluntary basis.

Cases with needy and non-needy caretaker relatives

SB 380 is available to all CalWORKs AUs who meet the SB 380 eligibility requirements.  This includes cases with needy and non-needy caretaker relatives.

CalFresh

The step/half-sibling(s) is not excluded from the CalFresh household. 

Child support payments received on behalf of the child will continue to be treated as unearned income for CalFresh which may result in a change to the CalFresh benefits.  Any other income that the child has would also continue to be counted under existing CalFresh policy.

Medi-Cal

The step/half-sibling is considered a CalWORKs AU member although his/her needs are not considered in the MAP. 

As such, the step/half-sibling is eligible for cash-linked Medi-Cal if otherwise eligible until he/she leaves the AU or the AU is discontinued from CalWORKs. 

Note:  When the child or AU is discontinued from CalWORKs, the existing process for re-evaluating Medi-Cal continues to be applicable.  See 40-103.44 Medi-Cal For CalWORKs Ineligible Members, for more information.

AU Member, Other Programs and Services

Although the excluded child’s needs are not considered, he/she will continue to be considered an AU member and remains otherwise eligible for CalFresh and CalWORKs services, such as cash-linked Medi-Cal, Child Care, Special Needs, and his/her needs are considered for the Temporary Homeless Assistance and MBSAC.

Type

Acceptable Verification

(Yes/No)

Copy(ies) of current child support order(s), DCSS 0279

Yes

Monthly Statement(s) of Collections and Distributions, DCSS 0281

Yes

Type

Acceptable Verification

(Yes/No)

Copy(ies) of check(s)/money order(s)

Yes

Statement(s) from the non-custodial parent(s)

Yes

A sworn statement from the applicant/participant when no other proof is available

Yes