” Coalition of California Welfare Rights Organizations, Inc. 1111 Howe Ave., Suite 150 Sacramento, CA 95825-8551 Telephone (916) 736-0616 Cell (916) 712-0071 Fax (916) 736-2645 CCWRO Welfare News CCWRO is an IOLTA funded support center serving IOLTA legal services programs in California. Types of Services Offered: Litigation, Co-Counseling, Fair Hearing, Representation, Consultation, Informational Services, Research Services, In-Depth Consultation and Welfare Training. Programs Covered: CalWORKs, Welfare to Work (WtW), Food Stamps, Media Cal, General Assistance & Refugee\/Immigrant Eligibility. Refugee\/Immigrant Eligibility. All Rights Reserved. Contributors:Kevin Aslanian, Grace Galligher and Diane Aslanian http:\/\/www.ccwro.org September 23, 2016 Issue #2016-08 In Brief After counties establish a CalWORKs overpayment in a two par- ent assistance unit, the counties demand that each parent repay the full amount of the overpayment. This happens even if the parents are together or separated. What happens if both parents pay the full amount? CCWRO received information that in many cases the county just keeps the money from both parents and does not admit the double payment. CDSS CalFresh Division has a secret Yahoo listserve, now it is a google group listserve for DSS and county staff. For some reason DSS CalFresh division has excluded CalFresh advocates from this listserve. California received a $6.4 million bonus for California’s partici- pation improvements for various projects. CDSS will use some of that money for eICT county training. Why not use some of that money to get food to CalWORKs families who live on fixed incomes equal to 31% of the federal poverty level, who endure severe poverty and food insecurity, especially the last week of each month? In 2014-2015 counties failed to spend $129 million allocated for CalFresh County Administration. Since July of 2015, there have been no WtW 25 reports posted on the DSS webpage. DSS has revised the WtW 25 reports and the new version will be used effective July 2017. So does that mean that counties are not submitting a WtW 25 and 25A each month? If yes where are the reports? According to the CWDA Medical Care Committee, Per U.S.C. 42 1396(w) and W&IC 14013.5, the Department of Health Care Services (DHCS) must implement an Asset Verification Program (AVP) for Aged, Blind and Disabled Medi-Cal individuals. The AVP would be an electronic service that would verify individuals’ opened and closed liquid accounts for the last 5 years at all finan- cial institutions, not just the ones that the individual claims. AVP would be used at application, renewal, and reported changes. DHCS is looking to do a pilot program of 3,000 cases for the entire state from October-December, 2016. Counties may volun- teer to participate in the pilot program. DHCS is hoping for a late 2017\/early 2018 for full implementation of this program. DHCS will be initiating a pilot program, but counties will be responsible for AVP once the program is fully implemented. Each individual will need to authorize this and DHCS is looking at whether a separate authorization is needed or the application alone is sufficient. California recently signed a new contract with Fi- delity Information Systems (FIS), to put CalWORKs and food stamps (also known as SNAP\/CalFresh) on EBT cards held by beneficiaries of these programs. The Office of System Integration (OSI) informed counties (no advocate involvement) that counties would be involved in the program in the following ways: 1. Administrative application design and testing; 2. Call center script and navigation development; 3. Client training video development; 4. Establishing workgroups with counties to organize and monitor the transition effort; The transition from Xerox (current EBT vendor) to FIS (new EBT vendor will have in four (4) stages: Stage One (1) counties Los Angeles, Merced, Riverside, Sacramento, San Diego and San Joaquin Counties. Stage Two (2) counties Alameda, Contra Costa, Fresno, Kern, Monterey, Orange, Plumas, San Ber- nardino, San Francisco, Stanislaus and Ventura. Stage Three (3) counties- Butte, El Dorado, Hum- boldt, Imperial, Kings, Lake, Madera, Mendocino, Placer, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Shasta, Solano, Sonoma, Tulare, Yolo and Yuba. Stage Four (4) All remaining counties. EBT Update CCWRO Welfare News September 23, 2016 # 2016-08- page 2 CHART #2 IEVS Counties Caused Overpayments- Recipients end up in jail for welfare fraud Electronic IEVS According to CWDA publication, CDSS provided an update on the automation process that will re- place the paper and will be able to provide response electronically. It is anticipated the number of reports to process will triple when electronic reports and reports from the National Directory of New Hires are sent to counties. Each month counties receive 353,252 hits from the IEVS system. Each month coun- ties process about 283,955. That is 69,297 that are not processed causing a backlog of IEVS hits that, in some cases, means an overpayment caused by the refusal of the DSS and counties to do their jobs – pre- vent overpayments. As of the end of June of 2016, there were 725, 826 cases waiting for county reviews. So just imagine what happens when the number of IEVS and New Hire abstracts start coming in at over one million a month and the counties are only able to process about 283, 955 a month. The current back- log of 725,826 cases can become over 2.2 million and more. How many State and County officials would be charged with a felony for causing millions of dolalrs of overpayment? None. How many public benefits beneficiaries will be charged and possibly get jail time for overpayments caused by the state and the county? Many. California Department of Social Services Adult Programs Division. CASH ASSISTANCE PROGRAM FOR IMMI- GRANTS (CAPI) Quarterly Statewide CAPI Meeting August 22, 2016 10:00 a.m. 4:00 p.m. Facilitator: K\u00e4ren Dickerson, Chief, CDSS CalWORKs Employment and Eligibility Branch AGENDA 10:00 10:30 Welcome and Introductions Kim Rutledge, Chief, CDSS Adult Programs, Policy and Quality Assurance Branch 10:30 11:00 SAWS2 Revision Workgroup Update Shawn Dorris, Program Policy Manager, CDSS CalWORKs Eligibility Bureau 11:00 11:30 County Language Access Requirements Marcella Ruiz, Chief. CDSS Immigration and Civil Rights Branch, Welfare to Work Division 11:30-12:30 Revised CAPI Indigence Exception Determina- tion Form (SOC 813), Aron Smith, Cash Programs Manager CDSS Adult Programs Division 12:30-1:30 Lunch 1:30-2:00 Food Assistance Programs Available to Im- migrants Alexis Fern\u00e1ndez, Policy Section Chief, CDSS CalFresh Branch 2:00-2:30 CalWORKs Eligibility in Households with a CAPI Recipient, Shawn Dorris, Program Policy Manager, CDSS CalWORKs Eligibility Bureau 2:30-3:00 CAPI Disability Determinations Carol Morgan, Chief, Training, Quality and Special Projects Section, CDSS Disability Determination Service Division 3:00-4:00 Sharing of County Best Practices and Concerns Mendocino: Mary Zigler Merced: Michele Hernandez Nevada: Jane Leedy Napa: Diane Garcia, Deirdre Wright, Melissa Guerrero, Violeta Gonz\u00e1lez de Brise\u00f1o Orange: Heather Doan, Silviu Ardeleanu Riverside: Eva Krottmayer San Benito: Susan Petree San Bernardino: Cassaundra Gonzalez San Diego: David Hopkins San Francisco: Yelena Bilyak San Luis Obispo: Kat Lauterback Santa Clara: Columba Atienza Solano: Gary Roche Stanislaus: Margaret McKain Tehama: Melissa Hefley Tulare: Arselia Mena Ventura: Leticia Ortega Caroline Bui, CalWIN – WCDS Business Systems Analyst Lorrie Smith, HPE C4: Dennis Kong, North State CAPI Consortium\/Sacramento County: Elvia Leyva, Program Special- ist CAPI and Tribal TANF Fern James, Eligibility Supervi- sor Alameda: Robert Garcia Contra Costa: Magdalene Gabel El Dorado: Darla Ray, Timal- ynn Jaynes Fresno: Tammie Allison, Brandi Reid, Pam Adanalian Humboldt: Angela Saveliff Kern: Angela Garcia Kings: John Aldous Los Angeles: Alma Calvelo Marin: Jannet Mercado Mariposa: Ruth Poole County CAPI Administrators Meet 8-22-16 CAPI DSS meeting attendees 2 CCWRO Welfare News September 23 , 2016 # 2016-08 – Page 3 3 DSS Adults Services Divsion is in the process of de- veloping a redetermination process that would termi- nate CAPI benefits from the aged, disabled and blind non-citizens of California in violation of DSS State Regulation MPP 49-070.5. DSS is proposing a policy whereby the county would mail a request for sponsor verification directly to the sponsor and if the county does not get a response from the sponsor, CAPI will be stopped. In fact, it appears that most counties are already using this policy even as DSS is asking coun- ties if this policy is what they are doing today? MPP 49-070.5 states that the CAPI beneficiary is the one responsible for obtaining documents from his or her sponsor for the county. MPP 49-070.5 Verification of Sponsor Information .51. The non-citizen is responsible for obtaining the sponsor’s cooperation in developing and documenting the information needed to determine the sponsor’s in- come and resources, the information needed to make an indigence exception determination, or any other in- formation from the sponsor needed to apply the deem- ing rules described in this sub-chapter. Email from Aron Smith, Staff Services Manager I, Cash Assistance and Special Project Unit, Program Integrity &Cash Assistance Bureau, Policy & Quality Assurance Branch, Adult Programs Division, Califior- nia Departmemnt of Social Services to Francisco Ja- vier Wong, Jr., LA county GR & CAPI Section, Los Angeles County DPSS. We are working on developing a formal policy re- garding sending of Form SOC 860 (Sponsor’s State- ment of Facts and Resources) to CAPI sponsors as part of the annual redetermination process. Tentatively, we propose the following: Two months prior to the due date for the redetermi- nation (i.e., ten months from the previous determina- tion), send the following by regular U.S. Mail: To the CAPI recipient: Redetermination packet, in- cluding the SOC 860. To the sponsor (at most current address on record): SOC 860 with a form letter (to be created by the state). By regulation, the client is responsible for obtaining necessary information from the immigrant. However, by the county also sending the SOC 860 directly to the sponsor, the process is not delayed by the client’s in- ability to contact the sponsor. Also, the sponsor may find the communication to be more official when received from the county. If the county does not receive the completed SOC 860 from the sponsor within 15 days and the letter is not returned to the county by the Post Office: Send a second request to the sponsor. Wait another 15 days. If completed SOC 860 is not returned to the county, terminate CAPI eligibility (send NOA). If the letter is returned by the Post Office with a for- warding address, send the letter out to the new address and give the sponsor 15 days to respond. If no response, send a second request to the sponsor. If 15 days elapse and still no response, terminate CAPI eligibility (send NOA). If the letter is returned by the Post Office as undeliv- erable, complete Form G-845 and forward to USCIS. When USCIS provides the county with the sponsor’s correct address: Resend SOC 860 to sponsor’s correct address. If no response after 15 days, send a second request to the sponsor. If 15 more days elapse and no response, terminate CAPI eligibility (send NOA). In the very rare situation in which a letter sent to the sponsor’s address provided by USCIS is returned from the post office as undeliverable, and the CAPI recipient has no information regarding the sponsor’s whereabouts, followinstructions listed in MPP 49-037.462(b). My question to you are: Is this fairly close to the pro- cedure you are following now? Do you anticipate any difficulties following this procedure? Any concerns? Please let me know as soon as possible as we are hoping to release an ACIN on this subject next month. The lawful policy would be to give the CAPI beneficiary an opportunity to secure the sponsor information, after the county is unable to get it, before terminating CAPI benefits. DSS Wants to Promulgate an Underground Rule to Unlawfully Stop CAPI Benefits for Non-Citizens ”