.Purpose

Policy

Background

Release Date:

6/21/17

Definitions

Requirements

Verification Docs

Requirement

Limit/Condition

Who can be temporarily absent

Any member of an AU may be considered temporarily absent from the home.  Temporary absence rules can be applied at both Intake and when the case is approved.

Living with the caretaker relative

A child is considered to be living in the home of a caretaker relative even though the child and/or the caretaker relative is temporarily absent from the home.

Care and control

For the child to be considered temporarily absent, the caretaker relative must continue to exercise responsibility for care and control of the child.

These may include but are not limited to:

·         Deciding where the child attends school/child care;

·         Arranging medical and dental services; and

·         Purchasing and maintaining the child’s clothing.

The factors that the Eligibility Worker (EW) must determine may include:

·         The actual family circumstances (even if it is inconsistent with a court custody order);

·         If the caretaker relative is involved in making the major and minor decisions regarding the child;

·         If the individual has the ability to return or the caretaker relative has the ability to require the return of the child to be home;

·         If the individual intends to return to the home; and

            If the individual is contributing to the costs for the child’s             needs.

One full calendar month time limit

Any member of the AU can be considered temporarily absent when absent from the home for one full calendar month or less.

For the purpose of this section, one full calendar month shall be from the first of the month through the last day of the month.

Individual in a correctional facility

There is no exception for an individual confined in a correctional facility on the first of any month and expected to remain for one full calendar month.  The individual is considered permanently absent and becomes ineligible on the first of the following month.  If this individual is the only eligible child in the home, aid must be discontinued.

Assigning a Temporary Payee when caretaker is temporarily absent

If the caretaker relative is temporarily absent from the home or there is an emergency, the benefits may be paid to a person designated by the caretaker relative.

The benefits are to be paid to the temporary payee designated by the caretaker relative. 

Exceptions to one full Calendar Month

The following exceptions must be permitted for members of the AU:

Exception

Description

Child in a hospital

A child who is a patient in a public or private hospital.

Hospitalization

An individual hospitalized, other than a child, may be considered temporarily absent for the duration of the hospital stay.  Hospitalization may be in a medical hospital, psychiatric care facility or drug and/or alcohol rehabilitation treatment facility.

Employment

An individual absent from the home due to employment may be considered temporarily absent for the duration of the employment/job activity (such as training or job search).

School or vocational training

An individual absent from the home due to school attendance or vocational training, leading to a high school diploma or employment, may be considered temporarily absent for the duration of the schooling or specific training only when a school or training program is unavailable near the person’s home.

Child with Special Needs

A child who attends a school that meets his/her special needs is considered temporarily absent for the duration of the schooling when no school nearby can provide the specialized program to allow the child to remain in the home.

Child in a Group Home

A child, who is in a licensed group home due to a crisis situation (i.e., hospitalization or incapacity of the parent, parents receiving respite services to maintain family stability, etc.), is considered temporarily absent for the duration of the crisis if no Foster Care is paid for the child and the caretaker relative retains care and control concerning any major health and welfare decisions.

Participant joins any branch of military service

CalWORKs regulations do not differentiate between the participant joining and being recalled to duty; both can be considered temporary absences. For approved cases, if the basis of deprivation were the unemployment of the Primary Earner, the family would remain eligible until the income exceeds the limit.

Refer to the chart below for situations where an AU member may remain absent and eligible for CalWORKs for more than a calendar month.

When the person is…

And…

Then…

Incarcerated on the first day of a month

Will remain so for a full calendar month or more.

The person is considered permanently absent.  If the absent person is the only aided child, the case will be terminated.

Hospitalized

In a:

·         Public or private hospital for medical or surgical care,

·         Psychiatric care facility, or

·         Drug and/or alcohol rehabilitation treatment facility.

The person (adult or child) is considered temporarily absent for the duration of the hospital/facility stay, however long that stay may be.

Absent due to employment

The person is considered temporarily absent for the duration of the employment.

Absent attending school, including vocational school, leading to employment

There is no school with the same program in the vicinity.

The person is considered temporarily absent for the duration of the educational program.

A child who attends a school that meets the special need of the child

The child has a current Individualized Education Plan, and no school that meets the child’s needs is located close enough to the child’s home to allow the child to live at home.

The child shall be considered temporarily absent for the duration of the schooling.

A child temporarily in a group home due to a crisis situation as determined by Children’s Services staff

·         The home does not receive Foster Care funds for the child, and

·         The caretaker continues to have care and control of health and welfare decisions for the child.

The child is considered temporarily absent for the duration of the crisis.

A participant who joins the National Guard or other branch of military service

There is no separation from his/her family (he/she is providing for his/her children and he/she intends to return).

The parent can be considered temporarily absent.  If eligibility is based on deprivation due to the unemployment of the primary earner, the family would remain eligible until the income exceeds the limit.

PARENT UNABLE TO CARE FOR CHILD

Parent in the home unable to care for child

CalWORKs applicant parents are responsible for the care and control of their child.  However, there are times when the parent is unable to care for the child due to circumstances beyond their control.  This includes, but is not limited to the following circumstances:

·         Temporary Hospitalization of the Parent

In this instance, hospitalization may be in a medical hospital, psychiatric care facility or drug and/or alcohol rehabilitation treatment facility. The parent is considered temporarily absent and can be aided in the CalWORKs Assistance Unit (AU) for the duration of the hospital stay provided he/she meets all CalWORKs eligibility requirements.

·         Temporary Employment/Training by the Parent:

In this instance, the parent is away from the home temporarily as a result of employment, job activity or training.  The parent is considered temporarily absent and can be aided in the CalWORKs AU for the duration of the activity provided he/she meets all CalWORKs eligibility requirements.

·         The child is placed in the care of the related adult by the Department of Children and Family Services (DCFS)

In this instance, Eligibility staff must verify with DCFS that there is no health or safety issues for the child based on the presence of the parent in the home.  A referral for protective services must be initiated should there be an indication that the presence of the parent in the home presents a health or safety issue for the child.  Detailed procedures for initiating a protective services referral are found in Office Operations 10-501.53 Referrals for Protective Services.

If there is not a health or safety issue for the child(ren), the parent can be aided in the CalWORKs AU provided he/she meets all CalWORKs eligibility requirements.

Note: 

Under no circumstance should a related adult be updated as having parental control of the eligible child when the parent is able to care for the child. 

FAMILY REUNIFICATION

Requirement

Limit/Condition

Children removed from the home and placed in Foster Care, or with a relative caretaker

When all eligible children are removed from the home and placed in out-of-home care by the Department of Children and Family Services (DCFS), eligibility to CalWORKs cash aid and Medi-Cal stops at the end of the month following the removal, provided an adequate (but not timely) notice is provided to the participant prior to the effective date of discontinuance.  However, the parent(s) may be eligible to continue to receive CalWORKs Family Reunification (FR) services coordination if the court or DCFS determines that the services are necessary for the family to reunify and the parent(s) has an FR Plan in place with DCFS.

If the FR Plan is in place, the DCFS Children’s Social Worker (CSW) and GAIN Region FR GAIN Services Workers (GSWs) will coordinate the services for the family, maintaining  ongoing communication with the FR EW on the status of services  and needs of the family. The CalWORKs Case is terminated and flagged for FR according to FR procedures. 

If not all children are removed from the home, this is not considered a CalWORKs FR family.  The AU will continue to receive their CalWORKs grant and services and will continue to be subject to all CalWORKs eligibility and Welfare-to-Work (WtW) requirements.

FR Services

Eligibility for CalWORKs Supportive Services exists when all of the following conditions are met:

·         All eligible children have been removed from the home and placed in out-of-home care;

·         The AU (including the parent) was receiving CalWORKs cash assistance when the child(ren) was removed from the home.  A recipient of Supplemental Security Income, undocumented non-citizen, or an adult who has reached his/her time limits is not eligible for FR services.  However, a parent that is sanctioned/penalized may receive FR services because he/she would have otherwise been eligible for CalWORKs benefits with the exception of the sanction/penalty;

·         DCFS has determined that CalWORKs Supportive Services are necessary for FR; and

·         An FR Plan has been established by DCFS.

General Relief (GR) for FR Parent

As an adult, the FR parent may be eligible for GR; if the parent requests cash aid, he/she should be referred to the appropriate GR office to apply for aid.

Cal-Learn Teen

If a Cal-Learn teen meets the requirements for CalWORKs FR services, the teen is eligible to continue participation in the Cal-Learn Program and receive Cal-Learn case management services as part of his/her FR Plan.  This is regardless of his/her head-of-household status and includes nested teens in AUs that remain financially eligible for a CalWORKs cash grant.

Length of FR Services

Although the cash assistance is discontinued, CalWORKs FR WtW and supportive services may be provided for 180 days from the date of the child’s removal.  However, the services can be extended for an additional 180 days provided the parent remains otherwise eligible to CalWORKs and that DCFS has requested the need for the extension.

When an FR extension is requested by DCFS, the FR GSW will contact the FR EW to advise of the request. The FR EW will then expedite a manual redetermination for CalWORKs, and will provide the results to the FR GSW as soon as possible.

Note:  It is important that the FR EW expedites the redetermination as soon as it is requested, to avoid a break in WtW FR services.

Reissuance of Cash Aid upon reunification

When the participant completes the FR WtW services and DCFS or the Court orders the children to return home to the parent, the FR GSW will request Part III of the DCFS 5230, Notification Gram, from the CSW. The FR GSW will inform the FR Eligibility Supervisor (ES) of the  reunification date via phone or email. The FR ES will assist in coordinating the reissuance of Cash Aid in communication and collaboration with the FR GSW or the FR GAIN Services Supervisor.  The reissuance of cash aid would be the first of the month following the reunification.

Note:  CalWORKs FR cases are considered recipient families, not applicants.

Category

Acceptable Documents

Verification of Temporary Absence

Examples of acceptable evidence to support a claim for a temporary absence may include, but are not limited to the following:

ü  Admittance documentation from the hospital;

ü  A letter from the admitting medical doctor or other legally qualified medical professional;

ü  Enrollment documentation from the school or vocational training;

ü  Statement from employer; military personnel, etc.;

ü  Other documentation that is determined to be acceptable evidence that an AU member is temporarily absent; or

ü  If verification is not available, accept the applicant’s/participant’s statement via PA 853 – Affidavit until verification can be provided.

DCFS 5230, FR Notification Gram Part I and II

The DCFS 5230, FR Notification Gram Part I and Part II completed by the Collocated Linkages GAIN Services Worker (LGSW).

DCFS 5230, FR Notification Gram Part III

The DCFS 5230, FR Notification Gram Part III completed by the CSW, must be in place before granting an FR extension or ending the FR component and reissuing Cash Aid.

Six-Month Special CalWORKs  Redetermination

A special six-month CalWORKs redetermination must take place for the participant to continue receiving FR services.  Confirmation from the Supportive Services EW to the FR GSW must be provided before the FR GSW can grant the six-month FR extension.