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)