California Department of Social Services - State Hearings
Division
Notes from the Training Bureau - July 6, 1999
| Item 99-07-01B CDSS ACL 99-32 -- April 29, 1999 (Synopsis): Self-Initiated Programs (SIPs) in WtW |
Self-Initiated Programs (SIPs) in WtW
Thus if a recipient was not enrolled in a SIP at the time of the first appraisal, he/she could not have the SIP approved unless good cause was established for missing the initial appraisal appointment. If good cause was established for missing the initial appraisal appointment, and the recipient had enrolled in a SIP after the initial appointment, but before the rescheduled appointment, the county would approve the SIP if it met SIP criteria set out in MPP Section 42-711.54. The recipient would still have to appear at the rescheduled appraisal appointment so the county could evaluate the SIP.
While ACL 99-32 states that the county must provide an updated SIP list annually and must provide information to the participant specifying procedures for approving programs not on the SIP list, it does not state the consequences if the county fails to meet these requirements. If the county fails to provide an updated list, or procedures and criteria for approving programs, and the individual files for a hearing, the Administrative Law Judge has the responsibility to render a decision, based on available information, as to whether the SIP would lead to self-supporting employment. Thus, if at a hearing regarding denial of the claimants SIP for cosmetology, the only evidence is the claimants testimony, the Judge would determine whether or not the SIP should be approved based on that testimony. However, even if the county failed to provide a list of SIPs, the Judge could not approve a SIP for law school when the individual is a college graduate because MPP §42-711.542 states an individual who possesses a baccalaureate degree is ineligible for a SIP unless the individual is pursuing a classroom teaching credential.