.Purpose

Policy

Background

Release Date:

10/20/22

Definitions

Requirements

Verification Docs

GAIN

400 Exemptions

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)

 

What changed?

 

1.     Effective January 1, 2022, Senate Bill (SB) 65 modified the policy for granting a pregnancy exemption. CalWORKs participants are no longer required to provide proof that their pregnancy impaired their ability to participate in Welfare-to-Work (WtW)/Refugee Employment Program (REP) activities, or to be regularly employed.

2.     Prior to January 1, 2022, CalWORKs participants were required to provide medical verification and:

a.    Provide verification that their pregnancy impaired their ability to participate in WtW/REP activities, or to be regularly employed, or

b.    Obtain a determination from County staff that participation would not readily lead to employment or that a training activity was not appropriate.  

 

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

Policy

CalWORKs recipients are required to participate in WtW/REP activities as a condition of eligibility for cash aid, unless exempt or excused from participation.

 

Excused from WtW/REP Participation

 

CalWORKs recipients may be excused from WtW/REP participation if they meet one of the reasons below:

 

A.    An individual is required to participate in, is participating in, or is exempt from the Cal-Learn Program. These individuals are subject to Cal-Learn Program requirements in lieu of WtW/REP requirements.

B.     A second parent in a two-parent Assistance Unit (AU) is not required to participate in WtW/REP activities because the first parent is meeting the required participation hours.

C.    A Non-Minor Dependent (NMD), age 18-21 years old, who meet one or more of the below requirements:

1)     Enrolled in and working towards completing high school or an equivalency program,

2)     Enrolled at least half-time in post-secondary or vocational school, or enrolling for the next available term,

3)     Participating in a program or activity that promotes or removes barriers to employment,

4)     Employed at least 80 hours per month, or

5)     Incapable of enrollment or participation in school or employment due to a documented physical, mental, or emotional medical condition.

D.    A parent in an AU that includes an optional step-parent, who is not required to participate in WtW/REP activities because either the step-parent or the natural or adoptive parent is meeting the required participation hours.

 

Exemption Reason/Criteria

 

CalWORKs recipients may be exempt from WtW/REP participation if they meet one of the reasons below:

 

A.    The child is under 16 years old.

B.     School Attendance:

1)     The child/teen is 16, 17, or 18 years old and is attending school full-time (school grade 12 or below, vocational, or technical school).

a.  Full-time attendance is defined by the school.

b.  A teen 16-17 years old, who is deemed a chronic truant will not re-qualify for this exemption by attending school as a required WtW/REP activity.

c.  Teens 16-17 years old are presumed to be attending school regularly unless the School District or School Attendance Review Board (SARB) notifies the County that the child is a chronic truant.

2)     A teen 16-17 years old, who has obtained a high school diploma or its equivalent and is enrolled or planning to enroll in a post-secondary educational, vocational, or technical school training program.

C.    Individual is 60 years of age or older.

D.    Individual has a disability (physical or mental condition) and the disability:

1)     Is expected to last at least 30 calendar days,

2)     Significantly impairs the individual’s ability to participate in WtW/REP activities or be regularly employed, and

3)     Is actively seeking appropriate medical treatment, as verified by a doctor.

E.     An aided non-parent relative caring for a child who is a dependent or ward of the court, or child who is receiving Kin-GAP benefits, or a child at risk of placement in Foster Care, and the caretaking responsibilities impair the caretaker relative’s ability to participate in WtW/REP activities or to be regularly employed beyond normal day-to-day parenting responsibilities.

F.      An individual’s presence in the home is required because of the illness or incapacity of another member of the household, and the caretaking responsibilities impair the individual’s ability to participate in WtW/REP activities or to be regularly employed.

G.   A parent or caretaker relative who has primary responsibility for providing care to a child 12 months or under.

1)  This exemption is available one-time and available upon the participant’s request.

2)     This exemption does not apply to a 19-year-old custodial parent who has no high school diploma or equivalent and is not participating in Cal-Learn.

H.    A parent or caretaker relative who has previously received the one-time exemption for caring for a child 12 months or under will be exempt for six months or upon the birth or adoption of any subsequent children.

I.       A parent or caretaker relative who has primary responsibility for providing care to a child 0-23 months old.

1)     This exemption became effective January 1, 2013, and is available one-time upon the participant’s request.

2)     In a two-parent AU, the exemption may be switched from one parent to the other only one-time if there is a change in caretaking responsibilities.

3)     This exemption may be reinstated after a break in cash aid if the same child continues to meet the age criteria.

J.      A pregnant person during any trimester of pregnancy.

K.     An individual who is a full-time volunteer in the Volunteers in Service to America (VISTA) Program.

 

The chart below provides a description of each exemption, the Welfare Data Tracking Implementation Project (WDTIP) exception code, and whether the exemption stops the CalWORKs 60-Month Time Clock (MTC).

 

Exception

Code

Exemption Description

Stops CalWORKs

60-MTC?

302

Disabled and the disability is expected to last at least 30 days, significantly impairs the individual’s ability to be employed or participate in WtW/REP activities, and the individual is actively seeking treatment.

Yes

303

Parent or caretaker age 60 years or older.

Yes

 

304

Non-parent relative caring for a child who is a dependent or ward of the court or at risk of being placed in foster care, whose caretaking responsibility impairs their ability to be employed or to participate in WtW/REP activities.

 

Yes

305

Individual caring for an ill or incapacitated person residing in the home and whose caretaking responsibility impairs their ability to be employed or to participate in WtW/REP activities.

Yes

306

A pregnant person.

No

309

Parent/caretaker of a child 12 months of age or under. This is a one-time exemption.

No

310

Parent/caretaker of a child six months of age and under.

No

314

Full-time volunteer in the Volunteers in Service to America (VISTA) Program.

No

318

Parent/caretaker of a child 0-23 months old. This exemption is available one-time.

Yes

 

Exemption Period

 

Exemptions are granted prospectively based on the exemption request date and verification provided, except for retroactive disability exemptions. The exemption will end when the criteria is no longer met, or if the individual is required to participate due to the second parent’s sanction status.

 

Disability and taking care of an ill household member exemptions must be reviewed by the expected end date, or at least annually, whichever is sooner.

 

Retroactive Disability Exemption

 

The disability exemption must be retroactively granted for months in which participants provide verification that their condition impaired their ability to be employed or to participate in WtW/REP activities and they were actively seeking treatment prior to the exemption request date. If verification is received to substantiate this information, the Onset Date may be used as the Begin Date for the disability exemption. However, the Onset Date should not be used as a default Begin Date. For example, the Onset Date may be prior to when the participant started receiving CalWORKs, or the condition may not have impacted the participant’s ability to participate until a later date.

 

Child Care for Exempt Participants

 

An exempt WtW/REP participant who indicates an intent to participate in a WtW/REP activity and signs a Welfare-to-Work Activity Assignment (WTW 2) may be eligible for immediate and continuous Stage 1 Child Care (S1CC). If an Exempt Volunteer decides not to participate prior to signing a WTW 2, S1CC will be discontinued.

Background

The passage of SB 65, effective January 1, 2022, modified the policy for granting a pregnancy exemption for a CalWORKs participant.

Definitions

 

Term

Description

Exempt

“Exempt” means that a CalWORKs applicant or recipient is not required to participate in WtW/REP activities as a condition of eligibility for aid.

Doctor

A health care professional who is licensed by a state to diagnose/treat physical and mental impairments that can affect an individual’s ability to work or participate in WtW/REP activities. The term “doctor” includes, but is not limited to, doctors of medicine, osteopathy, chiropractic, and licensed/certified psychologists.

Two-parent Assistance Unit

An AU with two aided natural or adoptive adult parents.

Volunteer

A CalWORKs applicant or recipient who, though not required to participate in WtW/REP, chooses to participate.

Requirements

Requirement

Limit/Condition

Participant requests an exemption

The GAIN Services Worker (GSW)/Contracted Case Manager (CCM) must provide the CW 2186A, CalWORKs Exemption Request Form, to participants when an exemption is requested.

Notify the participant of the approval or denial of the exemption request

The GSW/CCM must provide/generate a CW 2186B, CalWORKs Exemption Determination, informing the participant of the approval or denial of their exemption request within 15 calendar days from the date of their request. The 15 calendar days may be exceeded if there are circumstances beyond the control of the County, such as the inability of the participant to provide the necessary verification or delay by a doctor in providing verification.

Appraisal Appointment

The GSW/CCM must provide/generate a CW 2186A to participants prior to or during the Appraisal appointment.

Participation hours for a participant granted a disability exemption

In a two-parent AU, if one parent is exempt due to disability, the mandatory parent is required to meet the required participation hours. The parent exempt due to disability cannot contribute towards the required participation hours of the mandatory parent.

Exempt Volunteer

Participants are not required to meet the CalWORKs hourly requirements or a minimum number of participation hours as an Exempt Volunteer.

Child Care for Exempt Volunteers

With the intent to participate in a WtW/REP activity, an Exempt Volunteer may be eligible to 12 months of immediate and continuous S1CC, upon signing the WTW 2.

Verification Documents

Category

Acceptable Documents

Exemption Request

a.    CW 2186A, or

b.    Verbal or written statement.

Disability Exemption

a.    CW 61, Authorization to Release Medical Information, or

b.    Third-party medical verification from a doctor which includes the following information:

1)     Statement that the participant has a disability that impairs their ability to participate in WtW/REP activities, or to be regularly employed,

2)     Expected duration of the disability,

3)     Start Date/Onset of the disability (if needed to determine a retroactive disability exemption),

4)     Statement that the participant is actively seeking medical treatment, as appropriate,

5)     Doctor’s name and contact information, and

6)     Statement signed and dated by the doctor.

Aided Non-Parent Caretaker Relative Exemption

a.    Court documentation, or

b.    Statement from the Child Welfare Services (CWS)

Pregnancy Exemption

a.    A GEN 853, Sworn Statement, or verbal attestation can temporarily satisfy the requirement to grant a pregnancy exemption for up to 30 working days from when the pregnancy is reported.

 

b.    After 30 working days, pregnancy verification, such as a doctor’s note with an expected due date is required to continue granting this exemption for the remainder of the pregnancy.

 

Note:  Medical verification, such as a CW 61, indicating pregnancy impairment is not required to grant a pregnancy exemption. However, if the pregnant person meets the criteria for a disability exemption, a CW 61 or medical verification will be required.

 

Refer to AR 5228, Supp. V, dated June 30, 2022, 82-836 Pregnant Person Only.

Full-Time Volunteer in the VISTA Program

a.    A copy of a Domestic Volunteer Earnings Statement, or

b.    A written verification from the VISTA sponsor or the Federal Region IX ACTION/VISTA Office

Limitations to Participation in WtW/REP Activities as an Exempt Volunteer

The CW 61A, Physical Capacities, and CW 61B, Mental Capacities forms are not required to determine a disability exemption. However, these forms are used to determine if participants granted a disability exemption have any limitations in participation as an Exempt Volunteer.

Taking Care of an Ill or Incapacitated Household Member

The WTW 112, Care of a Household Member Verification form is used to verify this exemption.