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Defending your Dreams: Maximize Student Supportive Services How To Fight WtW Sanctions & For

Defending your Dreams: Maximize Student Supportive Services How To Fight WtW Sanctions & For Your SIP 2 nd Annual CalWORKs Association Training Institute. March 14 , 2011 San Diego, California. Kevin Aslanian, CCWRO 1901 Alhambra Blvd Sacramento, CA 95816-7012 Tel (916) 736-0616

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Defending your Dreams: Maximize Student Supportive Services How To Fight WtW Sanctions & For

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  1. Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute Defending your Dreams: Maximize Student Supportive Services How To Fight WtW Sanctions & For Your SIP 2nd Annual CalWORKs Association Training Institute

  2. March14, 2011San Diego, California Kevin Aslanian, CCWRO 1901 Alhambra Blvd Sacramento, CA 95816-7012 Tel (916) 736-0616 FAX (916) 736-2645 Cell (916) 712-0071 E-mail address: kevin.aslanian@ccwro.org ccwro.org Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  3. What We Will Cover • Background on Welfare • CalWORKs Welfare-to-Work (WtW) Requirements • Supportive Services • How to Fight WtW Sanctions • SIP Requirements • How to Ask For a State Hearing • Questions & Answers Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  4. Welfare History • Why do we have a welfare program? • Who gets welfare? • Deserving poor v. undeserving poor • Test to get welfare Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  5. How much do we spend on welfare? • What portion of payments goes to families? • How much do CalWORKs children receive a month versus foster care children? • How much does TANF contribute to the General Fund? • Benefits levels - COLA Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  6. WtW Operators • Who is running the WtW system in California? • EDD – The jobs people • DSS/CWD – the welfare people Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  7. WtW Pavlovian Tunnels • Orientation/Appraisal [§42-711.52] • Job Club or Remedial Education [§42-711.53] • Assessment and WtW Plan being assigned to a component [§§42-711.55 through 711.6] • If not working, then back to assessment[§ 42-711.7] • Component assignment – can be secondary education – WtW-2 • SIP – Has to be enrolled in college before appraisal – signing the WtW 1 and 2. [§42-711.31(b)] Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  8. Post Assessment • The CWD and the WtW participant must agree on an appropriate component. WIC § 11320.11 • Education is one component. • Insist on going into the education component. • Do not sign the plan if the participant does not agree with the plan. • Ask for a third-party assessment. • File for a state hearing. Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  9. WtW Plan • If the participant disagrees with the WtW plan: • Ask for a third-party assessment. • Ask for a hearing. • Just say, “I disagree with the plan.” Do not refuse to sign it. Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  10. WtW Participation Requirements • State law – 32/35 hours a week. [WIC § 11322.8; see also EAS § 42-711.4] • Federal law: • 20 hours a week for kids under 6 • 30 hours a week with kids +6 • 35 hours a week for two-parent families Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  11. How to qualify as a SIP • Enroll in school before appraisal. • Enroll in a program that would lead to self-sufficiency [EAS § 42.711.54]. • The program must be in the county plan. • If not in the county plan, provide proof that it would lead to self-sufficiency. • Must make satisfactory progress as defined by the educational institution. • If the SIP is denied, file for a state hearing. Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  12. Welfare to Work Plan • A WtW plan is supposed to be a five-year plan. • A SIP can be approved for 60 months. [§42-711.54] • The 60-month clock that applies to adults can be stopped for: • 1. Persons who could not work 32 hours a week for some physical or mental reason; • 2. Had child support paid; • 3. Domestic Violence Waiver. • NOTE: Soon to be 48 months Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  13. Who is exempt from WtW[WIC § 11320.3; EAS § 42-712] • Under 16 years old; • Full time students under the age of 18; • Child aged 16-17 with a HS diploma going to college; • Ill or disabled; • 60 years or older; • Needed in the house to care for a disabled family member; • Child under 2 years of age-coming soon, under 3 years of age; • Pregnant with verification; • VISTA volunteer Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  14. Child Care • County is required to provide child care. [EAS § 42-701.1(d); § 42-750.11]. • When will the CWD pay for child care? [§42-711(b)(1)(B)] 1. During approved activities 2. Including travel time to and from activities 3. Child under 10 4. Regional Market Rates -http://www.cde.ca.gov/ fg/aa/cd/ap/ - ACL 06-28 – August 8, 2006 Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  15. Ancillary Services [EAS § 42.750.1] • Books, fees (no tuition ), tools, clothing; • No caps; • For all classes that count toward completion of degree/certificate, including elective classes; • Can’t require students to get EOPS/CARE book voucher first. Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  16. Transportation & Ancillary Services • W&IC §11323.2 - Transportation & ancillary services shall be available to everybody who needs it to participate. • W&IC §11323.2(a)(e)(2)Transportation costs, which shall be governed by regional market rates as determined in accordance with regulations established by the department. Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  17. Transportation & Ancillary Services • W&IC §11323.2(a)(e)(3) Ancillary expenses, which shall include the cost of books, tools, clothing specifically required for the job, fees, and other necessary costs. • For additional authority see EAS § 42-750 Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  18. DSS Regulations (1) • EAS § 42-750.112 Transportation. Transportation costs shall be governed by regional market rates as determined below: • (a) The least costly form of public transportation, including CWD provided transportation, that would not preclude participation in welfare-to-work activities pursuant to Section 42-721.313. Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  19. DSS Regulations (2) • (b) If there is no public transportation available which meets these requirements, participants may use their own vehicles. Participants shall be reimbursed at one of the following rates: • (1) The county shall select an existing reimbursement rate used in the county, or • (2) The county shall develop a rate that covers necessary costs. • (3) The reimbursement rate may not include a "cap," or maximum monthly reimbursement amount, beyond which additional miles driven are not reimbursed. Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  20. DSS Regulations (3) • (c) Parking for welfare-to-work participants shall be reimbursed at actual cost. Participants shall submit receipts for this purpose, except in cases where parking meters are used. • (d) Participants who choose to use their own vehicles when public transportation is available will be reimbursed at the least expensive reimbursement rate of available transportation pursuant to Sections 42-750.112(a) and (b). • County mileage policies must be publicly available in order to be a valid. Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  21. Major Transportation and Ancillary Issues • County fails to pay for transportation; • County pays the wrong amount; • County underpays; • County does not provide advance payments of transportation & ancillary services; • County issues vendor payments rather than payments directly to the participant. Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  22. How The County Avoids Paying Transportation Costs • No travel claim form available to WtW participants, while travel claims are readily available to county welfare employees. • WtW participants are only able to claim 50%. Why? Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  23. County Does Not Provide Advance Payments of Transportation & Ancillary Services • Does the participant need an advance? • Does the participant use his/her money to pay for the need? • Does the county ask if the participant needed an advance? • Does the county issue the advance? • What is the written county policy for advance? • Is the policy publicly available? Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  24. Information must be publicly available? • Can go to the welfare office and ask the receptionist for a copy of the County DV Policies. • Have a “tester” (like an intern) go to the welfare office once every three months to verify the policies are publicly available. • Write a letter to the CWD director asking why the information is not publicly available. Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  25. How Payments Are Made? • W&IC §11323.4(a) • Payments for supportive services, as described in Section 11323.2, shall be advanced to the participant, wherever necessary, and when desired by the participant, so that the participant need not use his or her funds to pay for these services. Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  26. Participation Hours For Supportive Services • Manual of Policies and Procedures (MPP) (a.k.a EAS) §42-750.11 states that necessary supportive services, including transportation, shall be available to every participant in order to participate in the program activity to which he or she is assigned or to accept or retain employment. (emphasis added) • Employment includes work study. • See also All County Letter (ACL) 03-15 Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  27. Using Pell Grants/CARE/EOPS • Counties cannot assume that PELL grants or other funds are available for supportive services. • WtW 8form has to be done before using PELL grants to reduce supportive services. Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  28. WtW Work Supportive Services Issue • Statewide, 50% of the WtW participants do not get transportation. DSS: Source WtW 25 report • Statewide, counties provide mileage reimbursement from 44.5¢ to less than 20¢ a mile depending on the county one lives. Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  29. County Option Regulation MPP § 11-501.3 County Standards “Where statutes or CDSS regulations authorize counties to adopt specific standards which affect an applicant’s/recipient’s eligibility or grant amount or welfare-to-work activities, including supportive services, such standards shall be in writing and shall be made available to the public upon request.” Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  30. Issuing Vendor Payments Rather Than Payments Directly to the Participant • Did the participant ask for a vendor payment? • When are counties authorized to issue a vendor payment? • People who do not report what they did with their temporary homeless assistance; • People being sanctioned; • §40-107(b) - Provides that where there is a need for a substitute payee, then one shall be arranged; • §22-071.19 - Provides that before vendor or protective payments are issued, one has to get a Notice of Action and a right to a state hearing; • §42-721.461- Provides for vendor payments or protective payees for persons being sanctioned Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  31. WtW Sanctions • If a person does not participate in an assigned activity, then the county may sanction the person. [EAS §§ 42-721 et seq.] • Example: County schedules a student for job-club of CWEX – Unpaid Labor. Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  32. Sanction Process • See ACL 03-59 • 30-day calendar notice with a WtW 27 to indicate good cause; [§42-721.23] • An appointment to show good cause within 20 calendar days; [§42-721.24] • Can indicate good cause by phone within the 20 calendar days; [§42-721.27] • Make a notation of the contact on the NOA for protection Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  33. Content of the Notice • The CWD Notice of Action must contain specific information. [§42-721.23].  This information includes: • i. The specific act(s) that caused the individual to be out of compliance; • ii.  Inform the individual of the right to assert good cause for the refusal or failure; • iii. Inform the individual of the date and time of the scheduled appointment; • iv. Provide a general definition of good cause and examples of reasons that constitute good cause for not participating in the program. Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  34. Content of the Notice (Continued) • v.  Inform the individual of the right to contact the CWD by telephone to establish good cause in lieu of attending the appointment scheduled by the county. • vi.  Inform the individual of the right to reschedule the appointment once within the 20 calendar day period. • vii.  Inform the individual that if good cause is not found, a compliance plan will be developed and the individual will be expected to agree to the plan or face a sanction. • viii.  Inform the individual of the name, address and telephone number of the state and local legal aid and welfare rights organizations. • ix.  Describe that transportation and child care services that the individual is entitled to receive, as needed to attend the appointment. Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  35. What is a good cause • Lack of child care; • Lack of transportation – Advance Payment; • Domestic Abuse Waiver; • Travel by bus more than 2 hours round trip from your residence to the location of the assigned activity; (does not apply to workfare); • Illness; • Or other good reasons. [see EAS §42-713 & W&IC §§11320.31-11320.32] Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  36. CWD Telephone Contact Before Sanction • §42-721.25 If the individual fails to attend the appointment, the CWD shall attempt to contact the individual by telephone at the time of, or after, the appointment to establish a finding of good cause or no good cause. If a finding of no good cause is made, the CWD shall develop a compliance plan to correct the instance of nonparticipation. • County has to prove they made the call at the hearing. Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  37. What to do if you get a NOA? • Call and tell the county why you did not participate. What was your good reason? Lack of child care; transportation not paid in advance. All good reasons. • Immediately file for a state hearing. • APP – sanction stayed pending the hearing. Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  38. Do not agree to a participation plan • If you had a good reason, do not agree to a participation plan. That is a “county trap” to sanction you. • 2 days before the hearing, get the county’s position statement. • If needed, postpone the hearing to allow time to become familiar with the county’s position and to develop a defense. Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  39. How to Cure the Sanction • The sanction can be cured at anytime by turning in a WtW 31 form to the county. • The participant must inform the county that he or she wants to cure the sanction. • Sign a Plan to Stop a WTW Sanction (WTW 29) "the curing plan" either at a scheduled meeting, or by mail. Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  40. How to Cure the Sanction • Satisfactorily perform the activity or activities causing the sanction. Until the curing plan is completed or up to a maximum of 20 calendar days, whichever is shorter, from the date that the curing plan is signed. [EAS §42-721.481] • When a participant contacts the county to start the curing process, and the individual successfully completes the curing process cash aid is restored the first day of the month following the date that the individual contacted the county to indicate his  or her desire to cure. Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  41. How to Ask For a State Hearing • Fax the request to: • 916-651-5210 (State) or • CCWRO at 916-736-2645 if the State number is busy Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

  42. Q&A Coalition of California Welfare Rights Organizations, Inc. 2nd Annual CalWORKs Association Training Institute

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