” CCWRO Welfare News-2019-10 Coalition of California Welfare Rights Organizations, Inc. 1111 Howe Ave Suite 635 Sacramento CA 95825-855 Telephone (916) 736-0616 Cell (916) 712-0071 Fax (916) 736-2645 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, Medi-Cal, IHSS, CAPI, Child Care, General Assistance & Refugee\/Immigrant Eligibility. All Rights Reserved. Please Welcome Jennifer Hernandez November 11, 2019 According to Governor Newsom’s Press Office Jennifer Hernan- dez, 39, of Sacramento, has been appointed deputy director of the Family Engagement and Empow- erment Division at the California Department of So- cial Services. Hernandez has been associate secretary for farmworker and immigrant services at the Labor and Workforce Development Agency since 2015. She was Western Region director at the AFL-CIO from 2013 to 2015 and Western Region campaign coordinator from 2010 to 2013. She was a partner at Cultivo Consulting from 2008 to 2010 and civic engagement director at the California Rural Legal Assistance Foundation from 2007 to 2008. Hernan- dez was deputy director of Communities United to Strengthen America from 2006 to 2007, special assis- tant to the president at Voice for Working Families from 2004 to 2006 and driver’s license campaign manager at United Farm Workers, AFL-CIO from 2002 to 2004. Hernandez earned a Master of Public Policy degree from George Mason University. This position does not require Senate confirmation and the compensation is $164,256. Hernandez is a Demo- crat. In the early 1970s the SSI food stamp cashout went into effect giving each SSI beneficiary $10 a month because less than 30-35% of the SSI beneficiaries were getting food stamps. For 25 years California refused to make food stamps available to California’s aged, blind and disabled be- cause it would mean less benefits for 5 percent of the SSI recipients. The refusal to end the SSI food stamp cashout prevented billions of dollars to come to Cali- fornia and California lost several hundred thousand jobs that the food stamp benefits would have created in California. Well finally in 2019, it was decided to let SSI recipients get food stamps, now called CalFresh. The 2019-2020 appropriated $86.7 million dollars for address the Cal- Fresh households that would be losing benefits and the counties get $30.3 million for county administration of the expansion of SSI CalFresh. SSI beneficiaries were able to apply for CalFresh in May to be eligible effective June 1, 2019. Many coun- ties denied SSI beneficiary applications filed during May 2019, contrary to state law and DSS policy issu- ances. ( See ACL 18-90E that states: Newly eligible SSI\/SSP-only households that apply in May and are otherwise eligible, will be issued June benefits as soon as possible, but no earlier than June 1, 2019,and no later than 30 calendar days past the date of initial ap- plication.) Many of those SSI beneficiaries will be lost forever, because they do not want to through that same county welfare department abuse again. SSI CalFresh Expansion Update (cont’d on page 2) CCWRO Welfare News November 11, 2019 2019-10 There are 1,193,089 SSI beneficiaries in California. A recent data released by CDSS that CDSS received from counties for June, July and August of 2019 revealed that only 18% of the SSI beneficiaries were able to navigate the county CalFresh application process and qualify for CalFresh. 9% of the applicants, or 20,374 SSI beneficiaries were denied CalFresh. The reasons for the denial are unknown as when CDSS was planning the SSI CalFresh Expansion, the CalFresh Expansion Data Committee was a closed committee, in violation of the California Open Meeting Act. There are no public data reports showing the reasons of the deni- als. Why would a person be denied? Most CalFresh denials are due to applicant failure to meet the 58 different county procedural requirements. This is evident by the looking at the county-by-county denial rates in Table #1. Now why is that Fresno County only had a 4% denial rate and San Francisco had a 1% denial rate while Riverside, Kern, San Bernardino and San Joaquin had way over the statewide average? Table # 1 reveals county-by-county the number of SSI beneficiaries who applied during June, July and August of 2019 were denied CalFresh. As noted above, the reasons for the denials are unknown. If we knew the reasons, we could see what can be done to reduce the denials of CalFresh benefits to SSI recipient living below the 100 percent of the federal poverty rate. CalFresh Program Operated Through Underground Rules for more than 10 years It has been more than a decade since the CalFresh program has enacted a lawful regulation in Califor- nia. To date, the California Food Stamp, SNAP or CalFresh program has been running through unlaw- ful underground rules known as All County Letters. (cont’d from page 1) Table #1 CalFresh denial rates for SSI beneficiaries per County High Denial Counties Low Denial Counties Napa 21% San Diego 3% Butte 21% Santa Barbara 3% Imperial 20% Sonoma 3% Monterey 20% Tulare 3% Kings 19% Ventura 3% Riverside 19% San Luis Obispo 3% Merced 18% Solano 3% Madera 18% Contra Costa 3% Kern 18% Orange 3% Shasta 16% Alameda 3% San Bernardino 16% Sacramento 2% Stanislaus 15% San Mateo 2% San Joaquin 14% Santa Cruz 2% Marin 14% Yolo 2% Statewide 9% Santa Clara 2% Los Angeles 8% Placer 2% Fresno 4% San Francisco 1% The last time that lawful regulations were enacted in California was the Food Stamp Program Recertifica- tion Simplification and SFIS Exemptions regulation package and the program was known as the Food Stamp program. For the purpose of enacting lawful regulations in California time has stood still and a host of changes in the program have been implemented through underground rules in violation of the Califor- nia Administrative Procedures Act. We wonder what has the office of Administrative Law been doing all this time? See page 3 for a long list of underground rules used by the State Department of Social Services since 2009. GOOD NEWS: CDSS has started the process of updated the CalFresh regu- lations to reflect all of the policy issuances below in a collaborative with stakehold- ers that is refreshing and welcome. 2 CCWRO Welfare News November 11, 2019 2019-10 ACL 09-62 (October 23, 2009) -Food Stamp Program (FSP) Waiver Of Face-To-Face Interview ACL 09-41E (November 23, 2009) – Errata to Cali- fornia Work Opportunity And Responsibility to Kids (CalWORKs) And Food Stamp Programs Quarterly Reporting And Prospective Budgeting (QR\/PB) Ques- tions And Answers (Q&A’s) ACL 09-41 (September 2, 2009) – California Work Opportunity And Responsibility to Kids (CalWORKs) And Food Stamp Programs Quarterly Reporting And Prospective Budgeting (QR\/PB) Questions And An- swers (Q&A’s) ACL 09-26 (June 4, 2009) – California Work Op- portunity And Responsibility To Kids (CalWORKs) And The Food Stamp Programs: Treatment Of 2010 United States Census Workers’ Income ACL 09-25 (June 16, 2009) – Food Stamp Application Process For Youth Who Are Aging Out Of Foster Care ACL 09-24 (May 27, 2009) – Modified Categori- cal Eligibility For The Food Stamp Program; Ques- tions And Answers ACL 09-12 (February 27, 2009) – Implementation Of Provisions In The American Recovery And Reinvest- ment Act Of 2009; Temporary Increase In Benefits By 13.6 Percent Of The June 2008 Value Of The Thrifty Food Plan ACL 09-01 (March 12, 2009) – New ‘Request For Verification’ Form (CW 2200) For Verifying Eligibil- ity In The CalWORKs And Food Stamp Programs ACL 10-55 (November 23, 2010) – Implementation Of The Renaming Of The Food Stamp Program To CalFresh ACL 10-32 (July 23, 2010) – Food Stamp Waiver For The Restoration Of Eligibility And Benefits ACL 10-18 (April 19, 2010) – Food And Nutrition Service (FNS) Census 2010 Demonstration Project- Exclusion Of Earned Income Of Temporary Census ACL 10-11 (July 27, 2010) – Elimination Of Food Stamp Sanctions For Noncompliance With Substitute Program Work Requirements ACL 10-10 (March 26, 2010) – California Work Op- portunity And Responsibility To Kids (CalWORKs) And Food Stamp Programs Quarterly Reporting And Prospective Budgeting (QR\/PB) Questions And An- swers (Q&A’s) ACL 10-01 (January 29, 2010) – California Work Op- portunity And Responsibility To Kids (CalWORKs) And Food Stamp Program (FSP) Whereabouts Un- known And Client Electronic Benefit Transfer (EBT) Usage ACL 11-83 (December 6, 2011) – Discontinuance Of The Statewide Fingerprint Imaging System (SFIS) Requirement For The CalFresh Program ACL 11-70 (October 26, 2011) – Transitional Cal- Fresh Recertification Process ACL 11-57 (August 11, 2011) – California Work Op- portunity And Responsibility To Kids (CalWORKs) And CalFresh Programs Frequently Asked Questions And Answers 3 CALIFORNIA LEGISLATURE UNDERMINES THE CALIFORNIA ADMINISTRATIVE PROCEDURES ACT For several years California has enacted legisla- tion that undermines the California Administrative Procedures Act by authorizing CDSS to implement statutes with All County Letter (ACL). When this practice started, the Legislation would give the Department a timeline to enact regulations after implementing the statutory change with an ACL. But soon statutory requirement for regulations disap- peared and here we are today with 10 years of ma- jor changes in the CalFresh program that include no timelines for promulgating regulations. CCWRO Welfare News November 11, 2019 2019-10 4 ACL 11-49 (August 11, 2011) – CalFresh Eligibility And Budgeting Of Anticipated Unemployment Insur- ance Income ACL 11-46 (June 17, 2011) – Supplemental Security Income\/State Supplementary Payment (SSI\/SSP) Recipients In Suspended Status And Eligibility to CalFresh ACL 11-26E (September 27, 2011) – Heathcock v. Al- lenby Lawsuit – Statewide Policy Regarding Initiating Collection On Overissuance (O\/I) Claims Require- ments In The CalFresh Program ACL 11-22 (March 25, 2011) – Implementation Of The New Inter-County Transfer Process For CalFresh Program Benefits; Welfare & Institutions Code 11053.2 Added By Statutes Of 2010, Chapter 725, Assembly Bill 1612 ACL 11-17 (February 16, 2011) – Workers’ Compen- sation Insurance Coverage For Participants In The California Work Opportunity And Responsibility To Kids (CalWORKs) Program And The CalFresh Em- ployment And Training Program ACL 11-13E (February 10, 2011) – California Work Opportunity And Responsibility To Kids (Cal- WORKs) Program And CalFresh: Changes In The Treatment Of Federal Tax Credits And Refunds In The CalWORKs And CalFresh Programs ACL 11-13 (February 2, 2011) – California Work Op- portunity And Responsibility To Kids (CalWORKs) Program And CalFresh: Changes In The Treatment Of Federal Tax Credits And Refunds In The Cal- WORKs And CalFresh Programs ACL 11-11 (January 27, 2011) – Expansion Of Modi- fied Categorical Eligibility For CalFresh To All Non- Assistance CalFresh (NACF) Households ACL 11-01E (August 17, 2012) – New Federal Sampling Requirement For Supplemental Nutrition Assistance Program (SNAP)\/CalFresh Negative Case Reviews \u00b7 ACL 12-74E (June 24, 2013) – Correction To All County Letter 12-74 Implementation Of Policy Changes Regarding CalFresh Expedited Service \u00b7 ACL 12-74 (December 24, 2012) – Implementa- tion Of Policy Changes Regarding CalFresh Expe- dited Service ACL 12-62E (June 28, 2013) – Examples Of Modi- fied Categorical Eligibility (MCE)\/Broad-Based Categorical Eligibility (BBCE) Households For CalFresh ACL 12-61 (October 30, 2012) – Implementation Of The Heat And Eat Program For CalFresh ACL 12-59 (October 29, 2012) – California Work Opportunity And Responsibility To Kids (Cal- WORKs) And CalFresh Programs: New And Revised Forms And Notices Of Action (NOAs) For The Semi-Annual Reporting (SAR) System ACL 12-49E (February 12, 2013) – Corrections To ACL 12-49: Implementation Of The Annual Re- porting\/Child Only (AR\/CO) System In The Cali- fornia Work Opportunity And Responsibility To Kids (CalWORKs) And CalFresh Programs ACL 12-49 (September 27, 2012) – California Work Opportunity And Responsibility To Kids (Cal- WORKs) And CalFresh Programs: Implementation Of The Annual Reporting\/Child Only (AR\/CO) System ACL 12-37 (August 1, 2012) – CalFresh Waiver To Average Student Work Hours ACL 12-35 (July 30, 2012) – California Work Op- portunity And Responsibility To Kids (CalWORKs) And CalFresh Programs: Implementation Of As- sembly Bill (AB) 959 For The CalWORKs And CalFresh Programs ACL 12-26 (May 31, 2012) – CalFresh Waiver Of Face-To-Face Interviews CCWRO Welfare News November 11, 2019 2019-10 ACL 12-25E (December 16, 2013) – Correction To All County Letter (ACL) 12-25, Implemen- tation Of The Semi-Annual Reporting (SAR) System In The California Work Opportunity And Responsibility To Kids (CalWORKs) And CalFresh Programs ACL 12-25 (May 17, 2012) – Implementation Of The Semi-Annual Reporting (SAR) System In The California Work Opportunity And Respon- sibility To Kids (CalWORKs) And CalFresh Programs ACL 12-09 (February 17, 2012) – Revised Cal- Fresh Monthly Caseload Movement Statistical Report [DFA 296 (1\/12)] ACL 12-03 (January 9, 2012) – Passage Of Senate Bill 43 And Changes To The CalFresh Employment And Training Program ACL 13-108 (December 31, 2013) – Implemen- tation Of Assembly Bill 191 (Chapter 669, Stat- utes Of 2013) – CalFresh Categorical Eligibility For Medi-Cal ACL 13-107 (December 30, 2013) – Changes To The CalFresh Employment And Training Pro- gram With The Passage Of Senate Bill 134 ACL 13-104 (December 20, 2013) – Implemen- tation Of Assembly Bill (AB) 309 Regarding Homeless Youth In The CalFresh Program ACL 13-103 (December 18, 2013) – Process- ing Consumer Requests For Referral To The CalFresh Or California Work Opportunity And Responsibility To Kids (CalWORKs) Programs Under The Patient Protection And Affordable Care Act (ACA) ACL 13-102 (December 24, 2013) – Verification Of Dependent Care Expenses In CalFresh ACL 13-89 (October 31, 2013) – California Work Op- portunity And Responsibility To Kids (CalWORKs) And CalFresh: Steps To Determine Referrals For Inves- tigations ACL 13-80 (September 26, 2013) – California Work Opportunity And Responsibility To Kids (CalWORKs) And CalFresh Programs: New And Revised Notice Of Action (NOA) Messages And Forms For The Semi- Annual Reporting (SAR) System ACL 13-79E (November 22, 2013) -CalFresh Adminis- trative Overissuances ACL 13-79 (September 24, 2013) -CalFresh Adminis- trative Overissuances ACL 13-78 (September 19, 2013) -CalFresh Intercoun- ty Transfer (ICT) ACL 13-75 (September 19, 2013) -Revised CalFresh Application Form ACL 13-74 (September 10, 2013) -CalFresh New (and Revised) Forms for The Semi-Annual Reporting (SAR) System ACL 13-65 (August 12, 2013) -Revised CalFresh Ex- pedited Service Quarterly Statistical Report DFA 296X (7\/13) ACL 13-61 (July 24, 2013) -CalFresh Waiver To Send E-Notifications And View Notices Electronically ACL 13-58 (July 8, 2013) -Waiving The Recertifica- tion Interview For Nonassistance CalFresh Households In Which All Adults Are Elderly Or Disabled Without Earned Income ACL 13-57 (July 5, 2013) -CalFresh: New (And Re- vised) Forms For The Semi-Annual Reporting (SAR) System 5 CCWRO Welfare News November 11, 2019 2019-10 ACL 13-56 (June 28, 2013) -New Third Party Workers’ Compensation Claims Administrator And Claims Reporting Procedures For California Work Opportunity And Responsibility To Kids (Cal- WORKs) And CalFresh Employment And Training Program Participants ACL 13-54 (July 1, 2013) -California CalFresh Integrity Plan; Excessive Card Replacement Process ACL 13-46 (June 10, 2013) – California Work Op- portunity And Responsibility To Kids (CalWORKs) Program And CalFresh: Changes In The Treatment Of Federal Tax Credits And Refunds In The Cal- WORKs And CalFresh Programs ACL 13-45 (June 7, 2013) – California CalFresh Alert Case Process ACL 13-32 (April 24, 2013) – Modified Categorical Eligibility\/Broad-Based Categorical Eligibility And Elderly\/Disabled CalFresh Households ACL 13-28 (April 10, 2013) – California Work Op- portunity And Responsibility To Kids (CalWORKs) And CalFresh Programs: Implementation Of The Annual Reporting\/Child Only (AR\/CO) System Questions And Answers (Q&A) ACL 13-26 (April 8, 2013) – California Work Op- portunity and Responsibility To Kids (CalWORKs) And CalFresh Programs: New And Revised Forms And Notices Of Action (NOAs) For The Semi-An- nual Reporting (SAR) System ACL 13-17 (March 22, 2013) – Updated Informa- tion For Semi-Annual Reporting Implementation For CalFresh ACL 13-08 (January 31, 2013) – CalFresh Semi- Annual Reporting Waivers ACL 14-106E (August 10, 2015) – Corrections to Revised CalFresh Supplemental Form For Special Medical Deductions ACL 14-106 (December 31, 2014) – Revised CalFresh Supplemental Form For Special Medical Deductions ACL 14-101E (August 26, 2015) – Revisions to CF 37: New Form For CalFresh Recertification ACL 14-101 (December 22, 2014) – CF 37: New Form For CalFresh Recertification (RC) ACL 14-100 (December 19, 2014) – Changes In Eligi- bility For All People With A Prior Felony Drug Convic- tion In The California Work Opportunity And Responsi- bility To Kids (CalWORKs) And CalFresh Programs ACL 14-92 (December 22, 2014) – Removal Of The Treatment Of Individuals With A Prior Felony Drug Conviction From The Application For CalFresh Ben- efits ACL 14-91 (January 6, 2015) – Discontinuance Of Annual Work Registrant And Food Stamp Employment And Training (FSET) Program Caseload Report STAT 48 (10\/06) Revised Non-Assistance CalFresh Work Registrants, Able-Bodied Adults Without Dependents (ABAWD), And Employment And Training (E&T) Program Quar- terly Statistical Report STAT 47 (10\/04) ACL 14-90E (May 7, 2015) – Revisions To Electronic Benefit Transfer (EBT) Excessive Card Replacement Warning Letter, EBT 2260 ACL 14-90 (December 2, 2014) – Electronic Benefit Transfer (EBT) Excessive Card Replacement Warning Letter Process ACL 14-63 (September 16, 2014) – Households Eli- gible For CalFresh, But Entitled To No Benefits ACL 14-56E (April 10, 2015) – Corrections To ACL 14- 56 CalFresh Modified Categorical Eligibility ACL 14-56 (August 22, 2014) – CalFresh Modified Categorical Eligibility ACL 14-54 (May 29, 2014) – Agricultural Act Of 2014 (Farm Bill): CalFresh Changes 6 CCWRO Welfare News November 11, 2019 2019-10 ACL 14-49 (August 6, 2014) – CalFresh Restaurant Meals Program (RMP) For The Homeless, Elderly And Disabled ACL 14-37 (June 25, 2014) – Updated Forms For The CalFresh Program ACL 14-26 (March 14, 2014) – California Work Op- portunity And Responsibility To Kids (CalWORKs) And CalFresh Programs: Revised ‘Request For Verification’ Form (CW 2200) ACL 14-20 (February 27, 2014) -CalFresh Waiver To Waive Interview Scheduling Requirements ACL 15-95 (December 1, 2015) – California Work Opportunity And Responsibility To Kids (Cal- WORKs) And CalFresh Programs: Calculating Overpayments (OPs) And Overissuances (OIs) And the Treatment Of Income Eligibility Verifica- tion System (IEVS) Matches Under Semi-Annual Reporting (SAR) And Annual Reporting\/Child Only (AR\/CO) ACL 15-94E (April 25, 2017) – Errata to CalFresh Program: Residency ACL 15-94 (November 3, 2015) – CalFresh Pro- gram: Residency ACL 15-93 (November 20, 2015) – CalFresh Waiver Extension: Deny Initial Applications Before The 30th Day ACL 16-118 (December 30, 2016) – California Work Opportunity And Responsibility To Kids (Cal- WORKs) And CalFresh Noticing Requirements For Usage Of Consumer Credit ACL 16-112 (December 23, 2016) – CalFresh Implementation Of AB 1747: Restaurant Meals Program, CalFresh Outreach And The Emergency Food Assistance Program ACL 16-108 (December 28, 2016) – Federal Chang- es To Referring CalFresh Overpayment Debts To The Treasury Offset Program (TOP) From 180 Days To 120 Days ACL 16-77 (September 20, 2016) – Revisions Made To The Application For CalFresh Benefits (CF 285) And Recertification For CalFresh Benefits (CF 37) ACL 16-71 (September 12, 2016) – CalFresh Overis- suance (O\/I) Notice Of Action (NOA) Requirements: Here’s Why Section ACL 16-60 (July 13, 2016) – Updated Forms For Workers’ Compensation Coverage For California Work Opportunity And Responsibility To Kids (CalWORKs) Welfare-To-Work (WTW) And CalFresh Employment And Training (E&T) Program Participants ACL 16-59 (July 13, 2016) – CalFresh Waiver To Provide All Clients Who Apply Online For CalFresh Benefits At The Local Offices With A Copy Of Infor- mation For Their Records ACL 16-24 (April 21, 2016) – CalFresh Summary Of The Able-Bodied Adult Without Dependents (ABAWD) Time Limit ACL 16-14E (July 20, 2016) – Expedited Service En- titlement And Application Processing For CalFresh ACL 16-14E (July 20, 2016) – Expedited Service En- titlement And Application Processing For CalFresh ACL 16-14 (February 29, 2016) – Expedited Service Entitlement And Application Processing For CalFresh ACL 17-120 (December 5, 2017) – California Work Opportunity And Responsibility To KIDS (Cal- WORKs) And CalFresh Programs: Federal And State Earned Income Tax Credits Changes ACL 17-118 (November 21, 2017) – CalWORKs and CalFresh: Administrative Disqualification Hearings ACL 17-101 (December 22, 2017) – CalFresh Maxi- mum Certification Periods ACL 17-98 (September 12, 2017) – CalFresh Income, Deductions, Resources And Exclusions: Final Federal Regulatory Changes 7 ACL 17-97 (September 21, 2017) – CalFresh Averaging Student Work Hours ACL 17-80 (July 31, 2017) – CalFresh Telephone Inter- views ACL 17-61 (June 27, 2017) – California Work Oppor- tunity And Responsibility To Kids (CalWORKs) And CalFresh Programs: Achieving A Better Life Experience (ABLE) Accounts For Individuals With Disabilities In California ACL 17-58E (December 5, 2017) – Errata To The Cali- fornia Work Opportunity And Responsibility To Kids (CalWORKs) And CalFresh Programs: Changes To The Inter-County Transfer (ICT) Process As A Result Of Sen- ate Bill (SB) 1339, Revised And New Notice Of Action (NOA) Messages ACL 17-58 (June 23, 2017) – California Work Oppor- tunity And Responsibility To Kids (CalWORKs) And CalFresh Programs: Changes To The Inter-County Trans- fer (ICT) Process As A Result Of Senate Bill (SB) 1339, Revised And New Notice Of Action (NOA) Messages ACL 17-57 (June 9, 2017) – Electronic Signatures In The CalFresh And CalWORKs Programs ACL 17-55 (July 11, 2017) – CalFresh Waiver Extension Approval: Deny Initial Applications Before The 30th Day ACL 17-53E (May 18, 2018) – CalFresh Elderly Simpli- fied Application Project (ESAP) Notices: CF 377.2C and CF 377.2D Revisions ACL 17-53 (June 14, 2017) – New CalFresh Notices For Elderly And\/Or Disabled Households With No Earned Income: CF 377.2B, CF 377.2C, And CF 377.2D ACL 17-41 (June 6, 2017) – CalWORKs And CalFresh: Recipient Income And Eligibility Verification System (IEVS) Processing Time frames ACL 17-35 (April 25, 2017) – CalFresh Standard Medical Deduction Demonstration Project For Elderly\/Disabled Households ACL 17-34 (April 25, 2017) – CalFresh Elderly Simplified Application Project Waiver Approval For Elderly\/Disabled Households ACL 17-30 (April 17, 2017) – CalFresh Process- ing For Victims Of Domestic Violence: Imple- mentation Of Assembly Bill (AB) 2057 ACL 18-141 (December 4, 2018) | Executive Summary – CalFresh Revised Supplemental Form For Excess Medical Deductions (CF 31) ACL 18-131 (October 31, 2018) | Executive Summary – CalFresh Reversing Cash-Out Policy, Supplemental Nutrition Benefit Program, And Transitional Nutrition Benefit Program Quarterly Question And Answer ACL 18-118 (September 20, 2018) – CalFresh Notice Of Expiration Of Certification Form (CF 377.2) Revisions ACL 18-99 (September 14, 2018) – Brown And Espinosa-Tapia V. Lightbourne Lawsuit State- wide Policy Regarding Overissuance Collection Periods In The CalFresh Program ACL 18-97E (October 15, 2018) | Executive Summary – CalFresh Able-Bodied Adults With- out Dependents Time Limit Waiver ACL 18-97 (August 27, 2018) – CalFresh Able- Bodied Adults Without Dependents Time Limit Waiver ACL 18-96 (August 9, 2018) – CalFresh Waiver Extension Approval: Reinstatement Of Benefits Within 30 Days Of The Effective Date Of Ineli- gibility ACL 18-94 (August 9, 2018) – New And Re- vised CalFresh Notices Of Action And Letters For The Able-Bodied Adults Without Depen- dents Time Limit CCWRO Welfare News November 11, 2019 2019-10 8 ACL 18-90E (April 10, 2019) | Executive Sum- mary – CalFresh Reversing Cash-Out Policy: Eli- gibility For Recipients Of Supplemental Security Income And\/Or California State Supplementary Payment Benefits ACL 18-90 (July 31, 2018) – CalFresh Reversing Cash-Out Policy: Eligibility For Recipients Of Supplemental Security Income And\/Or California State Supplementary Payment (SSI\/SSP) Benefits ACL 18-74 (June 22, 2018) – CalFresh Waiver Ap- proval To Combine Reminder Notice And Notice Of Adverse Action At The Periodic Report ACL 18-64 (June 18, 2018) – CalFresh Waiver Extension\/Modification Approval: Deny Initial Ap- plications Before The 30th Day ACL 18-50E (July 16, 2018) – CalFresh Overissu- ance Notices Of Action: Revisions To DFA 377.7F, CF 377.7D3 LP, And DFA 377.7F LP ACL 18-50 (May 3, 2018) – CalFresh Implemen- tation Of Redesigned Regular And Large Print Overissuance Notices ACL 18-49 (May 14, 2018) | Executive Summary – CalFresh Implementation Of CF 377.7G Cal- Fresh Intentional Program Violation (IPV) Notice Due To Trafficking ACL 18-27 (April 2, 2018) – CalFresh Student Eligibility: Implementation Of Assembly Bill (AB) 214 ACL 18-24 (March 15, 2018) – CalFresh Restau- rant Meals Program (RMP) And Employment And Training (E&T) Program: Implementation Of Sen- ate Bill (SB) 282 ACL 18-22 (March 27, 2018) – California Work Opportunity And Responsibility To Kids (Cal- WORKs) And CalFresh: Criminal Prosecution Of Intentional Program Violation (IPV) Timeframes ACL 18-20 (February 28, 2018) – CalFresh Changes To County Welfare Department Action On Unclear Information Received Mid-Period ACL 18-18 (February 16, 2018) – CalFresh Changes To Reporting Requirements ACL 18-11 (January 25, 2018) – CalFresh Implemen- tation Of AB 563: CalFresh Employment And Train- ing Program ACL 19-79 (August 5, 2019) | Executive Summary – CalFresh Treatment Of 2020 United States Census Income ACL 19-78 (August 5, 2019) | Executive Summary – CalWORKs AND CalFresh: Applicant Income Eligibility Verification System (IEVS) Processing At Redetermination And Recertification (RD\/RC) ACL 19-65E (August 1, 2019) | Executive Summary – CalFresh Federal Report: Food And Nutrition Service (FNS) Status Of Claims Against Households 209 Report: 2019 Validation Review And Ongoing Valida- tion Review Requirement ACL 19-65 (July 16, 2019) | Executive Summary – CalFresh Federal Report: Food And Nutrition Service (FNS) Status Of Claims Against Households 209 Report: 2019 Validation Review And Ongoing Valida- tion Review Requirement ACL 19-63 (July 1, 2019) | Executive Summary – CalFresh Data Dashboard Upgrades, Expansion, And New Process ACL 19-60 (July 2, 2019) | Executive Summary – CalFresh Able-Bodied Adults Without Dependents And California Food Assistance Program Percentage Exemptions ACL 19-57 (June 11, 2019) | Executive Summary – CalFresh Waiver Extension\/Modification Approval: Deny Initial Applications Before The 30th Day ACL 19-79 (August 5, 2019) | Executive Summary – CalFresh Treatment Of 2020 United States Census Income CCWRO Welfare News November 11, 2019 2019-10 9 ACL 19-78 (August 5, 2019) | Executive Summary – CalWorks AND CalFresh: Applicant Income Eligibility Verification System (IEVS) Processing At Redetermina- tion And Recertification (RD\/RC) ACL 19-60 (July 2, 2019) | Executive Summary – Cal- Fresh Able-Bodied Adults Without Dependents And California Food Assistance Program Percentage Ex- emptions ACL 19-57 (June 11, 2019) | Executive Summary – Cal- Fresh Waiver Extension\/Modification Approval: Deny Initial Applications Before The 30th Day ACL 19-55 (May 31, 2019) | Executive Summary – Cal- Fresh Authorized Representatives ACL 19-51 (May 23, 2019) | Executive Summary Cal- Fresh Eligibility For Residents Of Institutions ACL 19-50 (May 28, 2019) | Executive Summary – CalFresh Claims Establishment: New Threshold For Closed Cases ACL 19-49 (May 20, 2019) | Executive Summary – Cal- Fresh Forms And Notices Updates Due To Expansion Of CalFresh To Supplemental Security Income Recipi- ents ACL 19-44 (May 9, 2019) | Executive Summary – Cal- Fresh Application Joint Processing By Social Secu- rity Administration And County Welfare Departments ACL 19-41 (April 29, 2019) | Executive Summary – Expanding CalFresh To Supplemental Security In- come (SSI) Recipients, Supplemental Nutrition Benefit Program, And Transitional Nutrition Benefit Program Quarterly Question And Answer No. 3 ACL 19-39E (June 11, 2019) | Executive Summary – CalFresh And CalWORKs Electronic Notices ACL 19-39 (May 3, 2019) | Executive Summary – Cal- Fresh And CalWORKs Electronic Notices ACL 19-38 (April 22, 2019) | Executive Summary – Changes To The CalFresh Homeless Shelter Deduction Effective October 1, 2019 ACL 19-37 (May 2, 2019) | Executive Summary – CalFresh List Of Emergency Food Providers: Implementation Of Assembly Bill 323 ACL 19-33 (April 16, 2019) | Executive Summary – CalWORKs And CalFresh: Nationwide Prisoner Match And Deceased Persons Match Processing Guidance ACL 19-32 (April 22, 2019) | Executive Sum- mary – CalFresh Student Eligibility: Clarification Regarding Cal Grants For Community College Students ACL 19-29 (April 12, 2019) | Executive Summary – CalFresh: Restaurant Meals Program Annual Letter ACL 19-13 (January 21, 2019) | Executive Sum- mary – California Work Opportunity And Re- sponsibility To Kids (CalWORKs) And CalFresh Implementation Of Assembly Bill (AB) 2030 (Chapter 485, Statutes Of 2018) ACL 19-12 (January 31, 2018) | Executive Sum- mary – Reversing Cash-Out Policy, Supplemental Nutrition Benefit Program, And Transitional Nu- trition Benefit Program Quarterly Question And Answer No. 2 ACL 19-10 (February 3, 2019) | Executive Sum- mary – CalFresh Recertification Delayed Process- ing ACL 19-09 (January 28, 2019) | Executive Sum- mary – CalFresh Implementation Of Senate Bill 1050: Eligibility For Exonerated Inmates And 15 Percent Exemptions Priority ACL 19-08 (February 9, 2019) | Executive Sum- mary – Use Of The Work Number For CalFresh, Across CalWORKs Programs And Program Integrity ACL 19-03 (January 22, 2019) | Executive Sum- mary – CalFresh New Notices And Updated Form For Intercounty Transfer Process CCWRO Welfare News November 11, 2019 2019-10 10 During the past decade there have been significant changes in the Food Stamp\/SNAP\/CalFresh program ac- cording to CDSS: 2008 – Face-to-Face Waiver W&IC section 18901.10 – Counties could waive the face-to-face intake interview to help streamline the application process and improve the Food Stamp Program’s administrative efficiency. This policy was imple- mented at county option beginning in 2008 and statewide in 2012. 2009 – American Recovery and Reinvestment Act of 2009 PL-111-5 – Participants in California’s Food Stamp Program were provided a 13.6 percent increase in monthly benefits that began on Febru- ary 17, 2009 and ended October 31, 2013. Expanded Categorical Eligibility Food Stamp Program W&IC section 18901.5 Categorical eligibility for the Food Stamp Program was expanded by waiving excess resource lim- its for households with minor children receiving TANF-funded benefits. 2011 – Inter-County Transfer W&IC sections 11053 (repealed), 11053.2 (repealed), and 10003 – An inter-county transfer process was implemented to ensure uninterrupted benefits for CalFresh households that move from one county to another1. Extended Modified Categorical Eligibility W&IC sections 18900.1 and 18901.5 Categorical eligibility was extended by waiving excess resource limits for households that include elderly\/disabled individuals receiving TANF-fund- ed benefits. 2012 – AR\/CO W&IC section 11265.45 – Ef- fective October 1, 2012, reporting for CalWORKs child-only cases was reduced from four reporting periods and five reports under QR\/Prospective Budgeting to one reporting period and one report under AR\/CO. California was unable to obtain federal waiver approval to fully align CalFresh reporting to CalWORKs. Therefore, CalFresh converted child-only CalWORKs cases to change reporting. All AR\/ CO CalFresh households converted to SAR for CalFresh purposes effective October 1, 2013. SFIS Elimination W&IC section 10830 (repealed) – The SFIS requirement for CalFresh households was eliminated beginning January 1, 20122. 2013 – Low Income Home Energy Assistance Pro- gram\/Standard Utility Allowance W&IC section 18901.2 – All CalFresh-eligible households were pro- vided a nominal Low Income Home Energy Assistance Program outreach service benefit, which qualifies those households to have the Standard Utility Allowance used in the computation of their CalFresh benefit allotments, resulting in an increase in the amount of nutritional sup- port or new eligibility for some households. SAR W&IC sections 11265.1 and 11265.2 The QR system for households was replaced with a SAR system, which reduces the number of required income reports for non-child-only CalWORKs and CalFresh recipients to twice per year. In addition, a new mid-period income reporting threshold was imposed for CalFresh when household earnings reach 130 percent of the FPL. CalFresh cases with an associated CalWORKs case were also shifted to SAR. CalFresh Simplifications (e-Notifications and Telephonic Signatures) ACL 13-61 Counties may email notices in lieu of mailing hard-copy correspondence (NOA, informing notices, etc.) to house- holds who elect this option. Counties may also implement the federal option to record signatures electronically, eliminating the need to send documents to households to sign and return. 2014 – SUAS W&IC section 18901.2 and section 4006 of the Agricultural Act of 2014 CDSS implemented the SUAS effective July 1, 2014, replacing the Low Income Home Energy Assistance Program. CalFresh households who are not otherwise eligible for the Standard Utility Allowance in the compu- tation of their CalFresh allotment, and who do not already receive the maximum allotment for their household size, are issued a $20.01 cash payment once per year. Receipt of the SUAS payment allows such households to have the Standard Utility Allowance used in their benefit calcula- tion. CCWRO Welfare News 11 Modified Categorical Eligibility for CalFresh W&IC section 18901.5 Effective July 1, 2014, the gross income limit for the TANF\/MOE-funded service that confers Modi- fied Categorical Eligibility was increased for all CalFresh households (except those that have been disqualified or sanctioned) to the federally allowed maximum of 200 percent of the FPL. 2015 – Drug Felon Eligibility for CalFresh W&IC section 18901.3 – Effective April 1, 2015, the lifetime ban on CalFresh benefits for those convicted of certain drug felonies was lifted. The change was intended to bring greater stability to those released from prison as well as to decrease recidivism. Student Eligibility W&IC section 18901.11 – Existing federal law provides that students who are enrolled in college or other institutions of higher education at least half time are not eligible for SNAP benefits unless they meet one of the several specified exemptions, including participating in specified employment training programs. Statute expanded CalFresh eligibility to students who participate in educational programs that could be a component of CalFresh Employment and Training. Effective October 1, 2015, students participating in certain educational programs qualify for an exemp- tion. Eligible programs are determined by CDSS. Fleeing Felon Eligibility for CalFresh PL 110246 as implemented in 80 Federal Register 54410. In September 2015, FNS published new rules clarifying and narrowing the definition of fleeing felon. The new rules allow a majority of previously ineligible adults to become eligible for CalFresh benefits. The rules became effective No- vember 9, 2015, and were implemented in Califor- nia on December 1, 2015. 2016 – Eliminating Change Reporting W&IC sections 11265.1, 11265.2, 11265.3 and 18910. In July 2016, all households converted to SAR as CalFresh streamlined reporting requirements to use one household reporting system in the ongoing ef- fort to gain administrative simplicity and increased program access to CalFresh. Under QR (Califor- nia’s reporting system prior to SAR), federal rules excluded migrant and seasonal farmworker house- holds, homeless households, households in which all adults are elderly\/disabled, and households living on Indian reservations from reporting quar- terly and required these households to be assigned to Change Reporting. Change Reporting required households to report changes to certain eligibility factors (e.g., employment, income, residency, etc.) within 10 days of the change. Change Reporting was maintained for these households under Califor- nia’s implementation of SAR, but CalFresh’s new reporting requirement took advantage of a federal option to employ a single SAR measure. 2017 – Elderly Simplified Application Project and Standard Medical Deduction Section 17(b) (1)(A) of the Food and Nutrition Act of 2008 – The ESAP is an effort to streamline CalFresh and CFAP enrollment among households composed solely of elderly and\/or disabled members, which includes a simplified recertification process and reduced reporting requirements for this population. House- holds with no earned income composed solely of elderly (defined as 60 years of age or older) and\/ or disabled members are certified for a three-year period. Additionally, no interview is required at recertification unless requested by the recipient. In conjunction with ESAP, CDSS implemented a standard medical deduction to further simplify processes for ESAP households as well as any non- ESAP household with a member who is elderly or disabled. All households with at least one elderly or disabled member will be able to claim a stan- dard medical deduction of $120 if they have veri- fied medical expenses of more than $35 per month. Households with actual medical expenses above the standard medical deduction may continue to claim and deduct their actual expenses. 2018 – ABAWD Time Limit 7 CFR section 273.24 – California had been under a statewide waiver of the ABAWD time limit since 2008 due to a high statewide unemployment rate. Effective Au- gust 31, 2018, the statewide waiver expired. Due to improved economic conditions, Santa Clara, CCWRO Welfare News November 11, 2019 2019-10 12 San Francisco, and San Mateo became ineligible for the waiver of the ABAWD time limit beginning September 1, 2018. All counties, including those that continue to qualify for a waiver of the ABAWD time limit, are responsible for tracking ABAWDs and implementing the time limit. Beginning Sep- tember 1, 2019, Alameda, Contra Costa, and Marin counties will also become ineligible. 2019 – CalFresh Overissuance Cost-Effective Threshold W&IC sections 18927 – On March 4, 2019 FNS approved California’s request to implement a cost-effective threshold for collect- ing CalFresh overissuances from former CalFresh recipients. The approved $400 threshold applies to inactive cases and includes administrative and inadvertent household errors. CDSS is currently as- sessing next steps for implementation, including the issuance of all county policy guidance and impact on eligibility system functionality. Additionally, counties are required to notify the De- partment when a mass overissuance has been identi- fied and include information in the notification as to whether the mass overissuance is known to have been caused by either negligence, fraud, or a major systemic error. A mass overissuance is an overissu- ance that is caused by the same action or inaction and impacts either 8 percent of the county CalFresh caseload, or more than 1,000 CalFresh households within the county, whichever is greater. CalFresh SSI Eligibility Expansion W&IC sections 18900.5, 18900.6, and 18900.7 AB 1811 (Chapter 35, Statutes of 2018) reverses the CalFresh eligibility policy known as cash-out, under which SSI\/SSP recipients are ineligible for CalFresh. Ef- fective June 1, 2019, individuals receiving SSI\/SSP are eligible for CalFresh, provided all other eligibil- ity criteria are met. Additionally, AB 1811 creates the SNB Program and the TNB Program to miti- gate the reduction of CalFresh benefits or CalFresh ineligibility some current CalFresh households may experience when a previously excluded SSI\/SSP recipient is added to the household. AB 1811 also augments the grant amount for the CAPI for parity with SSI\/SSP recipients. CCWRO Welfare News November 11, 2019 2019-10 13 Disaster CalFresh W&IC sections 18917 – Effec- tive January 1, 2018, California implemented a series of new requirements pertaining to Disaster CalFresh: Counties are required to submit an annual Disaster CalFresh plan as determined by CDSS in consultation with stakeholders and develop mutual aid agreements between counties to assist in the implementation of Disaster CalFresh. CDSS is required to implement the following: offer Disaster CalFresh training, maintain Disaster Cal- Fresh materials online, request Disaster CalFresh whenever a declaration of major disaster with Indi- vidual Assistance is made, which will include mass replacement and a request to waive hot foods restric- tions, ensure safe access to Disaster CalFresh applica- tion sites, and provide EBT support for counties when operating Disaster CalFresh. 1 SB 1339 (Chapter 801, Statutes of 2016, updated the Inter-County Transfer process adding W&IC sec- tion 10003 and repealed W&IC sections 10053 and 10053.2) 2 SB 89 (Statutes of 2017, Chapter 24) repealed W&IC 100830 when the finger printing requirement was also removed for CalWORK. ”