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CalWORKs
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82-832.1 Fleeing-Parole Violator – Drug Felons
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Purpose
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( ) To release a new policy
( ) To release a new form
(X) To convert existing policy to new writing style only – No concept changes
( ) Revision of existing policy and/or form(s).
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Policy
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Effective April 1, 2015, drug felons who were previously ineligible to receive CalWORKs and CalFresh benefits and excluded from the Assistance Unit (AU)/Household (HH), are no longer excluded by law from the AU/HH.
An applicant/participant is ineligible to receive CalWORKs and/or CalFresh benefits when he/she is a fleeing felon or in violation of probation or parole. However, no additional verification should be requested from individuals with a drug felony conviction regarding their probation/parole status. Fleeing felons are identified through Fleeing Felon Match information received or as a result of the DPSS and Probation interface. Existing procedures for processing Fleeing Felon Match information and information received from the DPSS/Probation interface must continue to be followed.
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Background
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On June 20, 2014, Assembly Bill 1468 was passed, making individuals convicted in State or federal court after December 31, 1997, of any offense classified as a felony that has as an element, the possession, use, or distribution of a controlled substance, eligible for CalWORKs and/or CalFresh benefits, if otherwise eligible, effective
April 1, 2015. A drug felon is eligible for CalWORKs and/or CalFresh benefits, so long as the individual is not fleeing and/or is compliant with the terms of his or her probation or parole.
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Definitions
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Term
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Description
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Fleeing Felon
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An individual that is fleeing to avoid prosecution, custody, or confinement after the conviction of a crime or attempt to commit a crime that is a felony. The existence of a warrant for arrest shall be presumed evidence of fleeing, unless rebutted by other evidence sufficient to prove that the individual had no knowledge that he/she is being sought by law enforcement.
Fleeing felons are ineligible for cash aid. They are not in the AU and are considered non-AU members. Their needs will be considered in the Maximum Aid Payment (MAP) for non-AU members only if they have income that will be used in the grant computation.
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Parole/Probation Violator
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An individual that is in violation of a condition of probation or parole. The initial offense for which probation or parole was ordered need not be a felony.
Parole/Probation violators are ineligible for cash aid. They are not in the AU and are considered non-AU members. Their needs will be considered in the MAP for non-AU members only if they have income that will be used in the grant computation.
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Requirements
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Requirement
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Limit/Condition
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CalWORKs Eligibility
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All applicants/participants must be compliant with the terms of their probation or parole in order to be eligible to receive CalWORKs benefits. In addition, applicants/participants must not be a fleeing felon. This includes drug felons.
Fleeing felons will be identified using the Fleeing Felon Match and reports from the Probation Department.
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Welfare-to-Work (WtW)
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Effective April 1, 2015, an applicant/participant with a prior drug conviction approved for CalWORKs must be engaged in the Greater Avenues for Independence (GAIN) Program.
Participation in GAIN is mandatory for all CalWORKs aided adults, unless exempt. Adults who are in the AU will be registered into the GAIN Program and will be scheduled to attend an Appraisal appointment to learn about program features, participation requirements, Specialized Supportive Services, Good Cause Exemptions, and sign contracts.
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Child Support
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Effective April 1, 2015, drug felons approved for CalWORKs must cooperate with the child support requirements.
Call-Out 14-54, dated December 30, 2014, informs staff that Safety Net and Drug/Fleeing Felon cases are no longer subject to child support enforcement in the CalWORKs Program when the cases are moved to a K1 or 3F aid code. Effective April 1, 2015, drug felon cases will no longer be aided under aid codes K1 or 3F. Since the drug felon is part of the AU, the individual is once again subject to the following:
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Referral to the Child Support Services Department (CSSD);
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25 percent grant penalty for noncooperation with CSSD;
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Sanction for refusal to assign child support rights via the Notice and Agreement for Child, Spousal, and Medical Support, CW 2.1; and
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Completing the child support forms:
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CW 2.1.
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CW 2.1(Q) – Support Questionnaire.
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CW 51 – Child Support Good Cause for Claim for Noncooperation.
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Annual Reporting/Child Only (AR/CO)
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CalWORKs AUs in which all adults in the case are ineligible, with the exception of a GAlN sanctioned adult, are subject to the AR/CO reporting requirements. This previously included cases with a drug felon.
Effective April 1, 2015, since the drug felon was added to the AU, the case is no longer subject to AR/CO reporting requirements. These cases are subject to Semi-Annual Reporting (SAR) requirements.
Note: The system generates the New Reporting Requirements for CalWORKs and CalFresh, TEMP AR 1, when the AU moves from SAR to AR/CO.
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Direct Rent
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Effective April 1, 2015, Direct Rent payments are no longer in place since drug felons are now eligible for CalWORKs.
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CalFresh
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Effective April 1, 2015, HH members excluded due to their felony drug conviction are now eligible for CalFresh benefits.
See the CalFresh Administrative Release on Drug Felons for further information/instructions.
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