California Department of Social Services - State Hearings
Division
Notes from the Training Bureau - June 14, 2004
| Item 04-06-01A Paraphrased Regulations |
This version of the paraphrased regulations provides additions and revisions to CalWORKs regulations as well as one addition to adult programs, one addition to legal principles and one revision in food stamps. There are 54 new paraphrased regulations and 8 revised ones.
Included in these paraphrased regulations are a summary of Rosales v. Thompson and All County Letter 03-43 discussing Rosales. As ACL 03-43 indicates, if a child cannot be linked to AFDC based on the home of the relative from whom the child was removed, the child may be linked to AFDC for federal foster care purposes to a qualified relative's home if the child would have been eligible in that home at any time during the month in which the petition was filed or in the six months prior to the petition month. This is consistent with MPP §45-202.332.
ACL 03-43 states that this applies to cases in which the petition was filed on or after April 1, 2003. The United States District Court issued an amended court order on Feb. 20, 2004 which changes the effective date of the regulation to March 3, 2003. There is still pending court action regarding retroactivity of Rosales and other implementation issues. This court order also orders Rosales to be applied retroactive to December 23, 1997 for "otherwise eligible" foster care cases open on March 3, 2003. However, this portion of the court's order cannot be implemented via an ACL until DHHS approval is obtained, as required by Welfare and Institutions Code Section 11402.1. A pending issue, which will be addressed in upcoming court dates, is the method for determining whether a case is "otherwise eligible" for foster care benefits, which is a prerequisite to any retroactive payment. A paraphrased regulation will be added once the new ACL is issued.
Revised
| 016-1 | Application in writing (40-103.4) |
| 065-3 | Kin-GAP child must have lived with relative for 12 consecutive months, guardianship must be established, and juvenile court dependency dismissed after 1/1/2000 (W&IC 366.26, 366.3; ACL 99-97, 00-09; 90-105.121, .131, .132) |
| 070-6 | Kin-GAP child must have lived with relative for 12 consecutive months, guardianship must be established, and juvenile court dependency dismissed after 1/1/2000 (W&IC 366.26, 366.3; ACL 99-97, 00-09; 90-105.121, .131, .132) |
| 073-11B | CDSS position is that if a parent is in home but not in AU, MFG will apply (ACL 97-29, 01-82) |
| 102-3 | Full-time school attendance of child generally qualifies for exemption from WTW; Exemption extended if child plans further training or education (W&IC 11320.3(b)(2), 11325.3(d), 11325.25; ACL 97-72; 42-712.421; 42-721.422) |
| 121-1C | Computation of CalWORKs grant, general (ACL 97-59; W&IC 11451.5, 11450.12; 11450(a), (e), 11452; 44-315.31-.37, 44-113.213-.217) |
| 183-1 | Beginning date of aid (transfer from AFDC-FG to AFDC-FC) (44-317.622, .623) |
| 246-1 | Single HH required when parents and children are together (63-402.142) |
New
| 001-11A | 30 days to request rehearing (22-065.1) |
| 003-11B | No right to hearing concerning placement or removal of foster child (22-001c.(2)(B)(1)) |
| 003-13B | County must send correspondence to claimant and authorized representative in state hearing process (22-085.4) |
| 004-12A | Timely notice not required for removal of CalWORKs child into foster care (22-072.2(f)) |
| 009-10 | Estoppel cannot expand a public agency's powers (Fleice v. Chualar Union Elementary) |
| 013-2B | County responsibilities in providing language services (ACL 03-56) |
| 015-1A | County responsibility to ensure correct payment, assist recipient (40-181.1(a)) |
| 015-2F | CalWORKs application and interview requirements (ACIN I-15-03) |
| 016-13 | County shall deny aid if whereabouts unknown (40-171.221(c)) |
| 020-3A | No need to reapply for Medi-Cal in new county after CalWORKs discontinuance (ACL 04-14) |
| 036-8 | Retroactive child care payments limited to 30 days prior to request (47-430.2) |
| 036-8A | Retroactive child care payments applies to former CalWORKs recipients (47-430.3) |
| 036-8B | When child care informing notice must be provided (47-301.2 and .23) |
| 036-8C | Information that must be provided in child care informing notice (47-301.22) |
| 036-8D | Duty of applicant/recipient to sign informing notice (47-301.26) |
| 036-9 | Trustline Registry system provides criminal record clearance (47-601) |
| 036-9A | All licensed child care providers must apply for Trustline unless exempt; exemptions listed (47-610) |
| 036-9B | Families requesting license-exempt child care and subject to Trustline must return completed application package within 28 calendar days (47-620.1) |
| 043-2A | Definition of residence (42-403) |
| 073-10B | MFG rule applies if MFG child moves from mom to dad even if dad was not in mom's assistance unit (ACL 01-82) |
| 073-10C | MFG rule applies until assistance unit has not received aid for at least 24 consecutive months (44-314.4) |
| 073-11D | MFG rule does not apply if Depo-Provera fails (ACL 01-82) |
| 073-11E | MFG rule does not apply to child of unaided minor parent living with aided senior parent (ACL 01-82) |
| 073-11F | MFG rule does not apply if child is not living with either parent (44-314.55) |
| 074-3D | Evidence necessary to verify the relationship of a child to a caretaker relative (82-808.14) |
| 081-4A | Verification needed for restricted account (89-130(c)) |
| 081-4B | Funds withdrawn from restricted accounts that must be redeposited (89-130(g)(4) and (j)) |
| 104-3A | New recommended WTW 26 form for good cause determinations (ACL 03-59) |
| 104-3B | Required WTW 27 form explaining good cause determinations to recipients (ACL 03-59) |
| 104-4A | Required WTW 32 form to explain compliance plans to avoid sanction (ACL 03-59) |
| 104-4B | When recipient considered to have complied with WTW (ACL 03-59) |
| 104-4C | Recipient may suggest activity for compliance process (ACL 03-59) |
| 104-4D | Instance of noncompliance counted if compliance corrected after 20-day period (ACL 03-59) |
| 104-5B | New NA 840 requirements for county (ACL 03-59) |
| 104-7 | Rules regarding curing a sanction prior to quarterly reporting (ACL 03-59) |
| 104-7A | Rules regarding curing a sanction beginning with quarterly reporting (ACL 03-59) |
| 104-9 | Federal law prohibits sanctioning single parent with child under six if no child care available (ACL 03-59) |
| 106-3A | Policies regarding ancillary services (ACL 04-04) |
| 106-5A | Other agencies responsible to administer Stage Two child care, but county to transition family to Stage Two as quickly as possible (W&IC 11323.8; Educ. Code 8353(b)) |
| 106-9 | County must provide supportive services to recipient curing sanction (ACL 03-59) |
| 108-5 | Recipient hearing rights in good cause/compliance/sanction actions (ACL 03-59) |
| 108-5A | Recipient hearing rights in good cause/compliance/sanction actions (ACL 03-59) |
| 109-31 | Record retention requirements for CalWORKs time limits (ACIN I-29-03) |
| 121-1E | No grant issued for less than $10 (44-315.5) |
| 122-12 | Beginning date of aid (transfer from AFDC-FG to AFDC-Foster Care or vice versa) (44-317.623) |
| 143-1 | EIC is exempt income (44-111.61(l)) |
| 158-1 | Aid pending is a recoupable overpayment (44-350.4) |
| 181-3B | DHHS approves amendment adding §45-202.332 to state plan. (ACL 03-43) |
| 181-3C | A child may establish federal foster care eligibility in home of relative where child is placed (Rosales v. Thompson) |
| 181-7 | Approved home of relative is eligible facility for federal foster care (45-202.51) |
| 186-7 | Residential facility rates used for foster care children who are regional center clients (W&IC 11464) |
| 186-8 | Payments for foster care children and adoptive children who receive SSI/SSP (ACL 98-28) |
| 815-3A | Recipients must return redetermination forms at least once every 12 months (46-430.51, .52) |
| 1103-6 | Law related to public assistance is to be fairly and equitably construed (W&IC 11000) |