California Department of Social Services - State Hearings
Division
Notes from the Training Bureau - October 7, 2004
| Item 04-10-01A Paraphrased Regulations |
This version of Notes from the Training Bureau adds 37 new paraphrased regulations, revises 17 and deletes 16. ParaRegs that were added include those for child care overpayments and inter-county transfers (036-4C through D and 036-10 through 10D), WTW transportation issues (106-8A through E), the Rosales case (181-3D through I), other foster care issues (186-7A, and 186-8 through 9, Transitional Food Stamps (215-4E through G), Medi-Cal Midyear Status Report (416-3G through J), and CAPI overpayments (825-13B through G).
Revisions were made to the ParaRegs regarding Medi-Cal waiver programs (570-1 through 576-6) and a new 572-1 replaces 572-1, 572-2, 573-1 and 575-1 because the Medi-Cal Eligibility Procedures Manual Section 19D has been updated. Revisions were also made in the food stamp citizenship/alien status section (232 and 233) as well as CalWORKs child care (036-2) and food stamp work registration section (300s).
Regulations were deleted in the 230s, the 300s and the 570s.
Issue Codes
572 Medi-Cal In-Home Operations (changed)
Renumbered
186-8=186-8A
Added
The index headnotes for the added ParaRegs are as follows:
| 036-4C | Examples of child care overpayments (ACL 00-53) |
| 036-4D | Examples where there is no child care overpayment (ACL 00-53) |
| 036-10 | Definition of "intercounty transfer" in child care (47-110(i)(1)) |
| 036-10A | Definition of "first county" and "second county" in child care (47-110(f)(2), (s)(1)) |
| 036-10B | Responsibility of first and second county in intercounty child care transfer (47-310.1,.2) |
| 036-10C | No delay permitted in child care payments when county receives necessary child care information (47-310.3, 47-420.21) |
| 036-10D | County payment responsibility in child care intercounty transfer cases (47-310.3) |
| 106-8A | County must reimburse individual using private vehicle if round-trip travel using public transportation exceeds two hours (ACL 03-15) |
| 106-8B | County required to reimburse necessary transportation costs for each approved WTW activity (ACL 03-15) |
| 106-8C | County must reimburse transportation costs for approved WTW activities even if cost seems excessive (ACL 03-15) |
| 106-8D | County must reimburse participant for vehicle transportation costs even if vehicle is not registered to participant (ACL 03-15) |
| 106-8E | County must reimburse volunteers for supportive services, including transportation (ACL 03-15) |
| 181-3D | Foster care children eligible to foster care payments if AFDC-eligible prior to foster care placement (ACL 04-12) |
| 181-3E | Foster care must be evaluated and paid retroactive to December 23, 1997 for eligible cases pursuant to Rosales (ACL 04-12) |
| 181-3F | In review of eligibility for retroactive foster care, home in which child is placed must meet licensing/approval standards. Approved homes as of March 3, 2003 are approved retroactively. (ACL 04-12) |
| 181-3G | Relative placements prior to the one existing on March 3, 2003 are not eligible for foster care (ACL 04-12) |
| 181-3H | Child placed with relative after petition is filed is ineligible for federal foster care unless child lived with relative within six months prior to petition month (ACL 04-12) |
| 181-3I | When foster care clothing allowance and specialized care increment may be paid retroactively under Rosales (ACL 04-12) |
| 186-7A | Cost of providing care and supervision in licensed community care facilities funded by foster care for dual agency clients (W&IC 4684) |
| 186-8 | Funding responsibility for dual agency children (ACL 98-28) |
| 186-9 | Pay rate for child placed with FFA certified relative/non-relative extended family member (ACL 04-28) |
| 215-4D | No NOA or aid pending requirement for TFS (ACIN I-21-04) |
| 215-4E | Rules regarding TFS eligibility for "mixed" households (ACIN I-21-04) |
| 215-4F | Household may apply for regular food stamps or CalWORKs during TFS period (ACIN I-21-04) |
| 215-4G | TFS benefit amount remains same throughout TFS period even if household member becomes ineligible (ACIN I-21-04) |
| 307-4A | Travel costs to pick up bus pass or deliver workfare verification are reimburseable if county requires individual to take actions in person (ACIN I-79-03) |
| 416-3G | Only non-exempt household members must complete the MSR (ACWDL 04-06) |
| 416-3H | County must follow three-step SB87 process before discontinuing benefits due to whereabouts unknown (ACWDL 04-06) |
| 416-3I | Good cause regulations apply to the MSR (ACWDL 04-06) |
| 416-3J | All pregnant women are exempt from MSR requirement (ACWDL 04-26) |
| 572-1 | Description of the IHO Waivers (MEPM 19D-6) |
| 825-13B | Definitions of overpayment, waiver and without fault in CAPI (ACL 00-73) |
| 825-13C | Time frames to revise prior determinations of eligibility and payment amounts (ACL 00-73) |
| 825-13D | Recovery of CAPI overpayments, including grant adjustment (ACL 00-73) |
| 825-13E | Without fault determinations in CAPI (ACL 00-73) |
| 825-13F | Circumstances when individual will be considered "at fault" for a CAPI overpayment (ACL 00-73) |
| 825-13G | "Defeat purpose of CAPI" and "against equity and good conscience" (ACL 00-73) |
Revised
The index headnotes for the revised Pararegs are as follows:
| 036-2 | Definition of client (and former client) for child care purposes (47-110(c)(4), (f)(3)) |
| 232-4A | Meaning of "quarter" and method of determining if legal alien met 40-quarter exemption (ACL 96-68; Handbook 63-405.112(e)(2)(A), revised to Handbook 63-405.43; ACIN I-105-00, I-91-01) |
| 233-2A | Sponsored noncitizen ineligible to participate until all necessary facts obtained (63-503.494(a)) |
| 302-1B | Appeal from denial of UIB does not meet work exemption requirement, but zero UIB payment in order to recover UIB overpayment does (ACIN I-76-00; I-79-03; 63-407.21(e)) |
| 308-9C | Voluntary quit does not apply if FS applicant abandons job without good cause, or is fired due to misconduct or late appearances with one exception (63-408.41, 63-408.12; ACIN I-46-02 Errata) |
| 570-1 | Overview of the Medi-Cal waiver process (MEPM 19D-2, 3) |
| 570-2 | Four types of Medi-Cal waivers (MEPM 19D-3, 4) |
| 570-3 | NOA required for applicants/beneficiaries (MEPM 19D-11, 12) |
| 570-4 | Effective date of Medi-Cal coverage when waiver has special eligibility rules (MEPM 19D-12) |
| 570-5 | Waiver persons may request IHSS, or PCSP (MEPM 19D-12) |
| 570-6 | MFBU rules for waiver persons (MEPM 19D-12) |
| 571-1 | Description of the DSS Home and Community-Based Services Waiver (MEPM 19D-4) |
| 571-2 | Eligibility requirements for DDS Home and Community-Based Services Waiver (MEPM 19D-5, 6) |
| 572-3 | Eligibility requirements for IHO waivers (MEPM 19D-7, 8) |
| 574-1 | Description, eligibility for AIDS MCWP waiver (MEPM 19D-11) |
| 576-4 | Description of MSSP waiver (MEPM 19D-8) |
| 576-6 | California Dept. of Aging has inter-agency agreement with CDHS to review and monitor MSSP (MEPM 19D-9) |
Deleted
The deleted ParaRegs are as follows:
| 232-1B 232-1C 233-1A 233-2A (partial) 236-4 308-1 |
308-6 308-7 308-9 308-9A 308-9B 572-1 | 572-2 573-1 575-1 576-5 |