State Hearings Division

California Department of Social Services

Item 10-10-1

October 12, 2010

                                                FROM THE TRAINING BUREAU

 

 

ITEM 10-10-1:   Paraphrased Regulations

 


This version of the paraphrased regulations provides 26 additions and 15 revisions to the paraphrased regulations. Eleven paraphrased regulations have been deleted.  Additionally, 30 pararegs have been renumbered.

 

This will be the first of two paraphrased regulation updates that will be completed before the end of 2010.   

 

Some of the additions to the pararegs include:

 

 

 

 

 

The next paraphrased regulation update should be out in November.  It will include many, many additions and revisions to the Foster Care and Adoption Assistance Program paraphrased regulations due to the substantial number of changes in those programs in recent years.  Thanks to Judge Bert Bresticker for updating the Foster Care and AAP paraphrased regulations, as well as the Kin-Gap paraphrased regulations that appear in this update.

 

 

Deleted

 


068-1

106-11

120-4

121-6

125-4H

S196-3

444-1D

444-3

444-5D

444-5E

444-9


 

 

Renumbered

 


065-1 to 190-1

065-2 to 190-6

065-3 to S190-5

065-4 to S190-5A

065-5 to 191-1A

065-5A to 191-1B

065-6 to 190-1A

068-2 to 190-4

121-2A to S121-2A

121-3 to S121-3

121-5 to S121-5

121-7 to S121-7

121-8 to S121-8

121-9 to S121-9

121-10 to S121-10

125-8 to S125-8

125-13 to 125-1

125-14 to 125-2

S125-1 to S125-13A

S125-2 to S125-13B

128-8 to S128-8

241-7 to 241-1

241-3 to 241-2

240-8 to 241-3

444-7 to 444-1F

444-5A to 444-5C

444-5C to 444-5E

444-5G to 444-5A

444-5H to 444-5D

444-8B to 444-6C


 

 

Revised

 

102-8    Exemption from WTW based on care of child under 6 months of age; extended to exemption for child aged 12 to 23 months from August 2009 through June 2011 (W&IC 11320.3(b)(6)(A); 42-712.47; ACL 09-46)

 

109-23  “Exempt” months for purposes of 60-month time limit (42-302.21;) ACL 09-46

 

174-4    Temporary shelter--maximum time limits and payment (44-211.524; 44-211.525; ACLs 99-69, 06-25; W&IC 11450(f)(2))

 

174-14  Definitions of total monthly household income and income (44-211.533; -534)

 

190-1A Enhancements to KinGAP program (ACL 07-13, 07-13 errata, 07-47; W&IC 11363)

 

215-4J  When father moves from TFS family and is approved for CalWORKs in another family, father and his income removed from TFS family; child who moves from TFS household cannot get TFS if approved for CalWORKs in another home (ACIN I-54-09; I-41-10)

 

260-3    Net income of all other HHs other than elderly or disabled (63-503.311; 63-502.2(p); Handbook 63-1101.2; ACIN I-61-09; I-75-10)

 

260-3C  Net monthly income of household with elderly or disabled member (63-503.312; 63-502.2(p); ACIN I-61-09; I-75-10)

 

304-1A Sanction of individual who is in noncompliance with a work requirement; ending sanction; no sanction for failing to comply with work requirements of substitute program unless substitute program assignment is FSET assignment (63-407.54, 63-407.543; ACL 10-11))

 

431-8A Family member maximum base allocation for current and prior years (09-37 and 10-15)

 

S628-1  Income eligible former IHSS recipients will not be penalized due to potential higher share of cost; Share of cost comparison eliminated as of October 2009 (ACWDL 99-13; AB 2779; ACL 09-47)

 

S628-1A  PCSP and IHSS Plus Waiver share of cost computed using Medi-Cal rules, but recipient pays only balance of Medi-Cal share of cost if IHSS share of cost is less than Medi-Cal share of cost; Share of cost comparison eliminated as of October 2009 (ACL 05-05; 05-05 errata; ACL 09-47)

 

S628-1  BApplicable share of cost in IHSS Plus Waiver cases; Share of cost comparison eliminated as of October 2009 (30-785(b)(5); ACL 09-47)

 

S628-1C  Supplemental payment program permitting share of cost comparison; Share of cost comparison eliminated as of October 2009 (WIC 12305.1(a) and (b); ACL 09-47)

 

S628-1D  Individuals who apply for PCSP or IPW or its successor after July 1, 2009, and individuals who leave those programs and then regain eligibility are not eligible for share of cost buyout; Share of cost comparison eliminated as of October 2009 (ACL 09-27; 09-47)

 

 

Added

 

174-1G Sworn statement sufficient to establish person is victim of domestic violence unless county documents in writing that applicant or recipient is not credible (44-211.543)

 

174-5B  AU must present evidence that it has found permanent housing that does not rent for more than 80% of TMHI in order to get special need payment for permanent housing (44-211.532)

 

174-5C  Requirements assistance unit must meet to qualify for permanent housing payment to prevent eviction (44-211.533(a))

 

174-5D County responsibility to determine what is “financial hardship”; to make proper payment amount and to ensure payment will prevent eviction (44-211.533(b)-(e))

 

174-5E  Amount not to exceed two months AU rent is available for security deposits that are a condition of securing permanent housing (44-211.535)

 

190-2    To be eligible for Kin-Gap, child must live in home of approved relative (90-105.111)

 

190-3    In KinGAP, home must be approved by county, but may occur prior to child’s transfer to KinGAP (90-105.112)

 

191-1    Rates for Kin-Gap Plus benefits (WIC 11380.25; 11363)

 

191-2    Dual agency rates for children entering Kin-Gap on or after July 1, 2009 (ACL 10-16)

 

192-1    Beginning date of aid for child transferring from Foster Care to Kin-Gap in same home is first of month following dismissal of dependency (44-317.641)

 

192-1A Beginning date of aid for child transferring from CalWORKs to Kin-Gap or vice versa in same home is first of month following request for program change or dismissal of dependency (90-105.132; 44-317.651)

 

192-2    Termination of Kin-Gap guardianship ends Kin-Gap eligibility; alternative guardian can receive Kin-Gap (WIC 11380.2(c); 11363)

 

192-3    If relative appointed legal guardian following Juvenile Court establishment of legal guardianship, Court shall terminate dependency jurisdiction unless relative caregiver objects or exceptional circumstances are found (WIC 11366.3(a))

 

192-4    Discontinuance of federal Foster Care after terminates dependency jurisdiction is possible exceptional circumstance to preclude terminating such dependency jurisdiction (In re Joshua S.)

 

193-1    Many Kin-Gap eligibility requirements are based on CalWORKs regulations with minor differences (ACL 99-97)

 

193-1A CalWORKs regulations that apply to Kin-Gap children listed (90-110.1)

 

193-2    Person excluded by law from CalWORKs eligibility includes Kin-Gap recipients (82.832.1(d))

 

193-3    CalWORKs age requirements apply to Kin-Gap except that disabled child who will not complete school before age 19 is not eligible for Kin-Gap (42-102)

 

193-3A Child receiving Kin-Gap approaching age 18 must reach mutual written agreement with county before age 18 to retain eligibility (42-101.23)

 

194-1    Definition of overpayment (44-350.15)

 

194-2    County shall seek repayment of overpayment from caretaker relative if he/she was member of overpaid assistance unit (44-352.31)

 

194-2A County shall seek repayment of overpayment from persons other than caretaker relative in the assistance unit if he/she was not a member of overpaid assistance unit (44-352.31)

 

194-2B  No priority order in seeking collection from assistance unit members who are not the caretaker relative (44-352.33)

 

215-4N County should not discontinue TFS benefits if household leaves state during TFS period unless household received food stamps or TANF out of state (ACIN I-41-10)

 

244-5A Student enrollment status; student eligibility criteria applied on date of interview (63-406.22; .221)

 

721-2B  Effective December 19, 2009, Iraqi and Afghan SIs are eligible to 60-months of Refugee benefits instead of eight months (ACL 10-28)