New Exemptions, New Opportunities

1. New Exemptions, New Opportunities CalWORKs Short-Term Exemptions CalWORKs Association Statewide Training Institute April 2010 (c) LSNC 2010

2. Short Term Changes (ACL 09-46) • Young child(ren) exemption • No support services exemption • County option to redirect mental health and substance abuse funding to/from other employment services (c) LSNC 2010

3. Young Child(ren) Exemption 60 month clock stops if: • One child between 12 and 24 months • Legislative gap: can be exempt for under 1 year, but doesn’t stop clock • Two children under six • If 2-parent AU, only 1 gets exemption • Exemption ends when age out or 7/1/11 (c) LSNC 2010

4. Implementation Infant Exemption • Counties permitted to automatically exempt all clients who qualify • Can volunteer and still be off the clock • For formerly sanctioned: • Cures sanction • Once exemption ends, must sign a new WTW plan, based assessment. If don’t sign, considered noncompliant and returned to sanction status (c) LSNC 2010

5. Notice (Infant/Support Serv.) • Counties had by 12/10/09 to notify affected clients (and on-going) • Counties not to terminate services for newly-exempt, current clients without first providing “reasonable opportunity” to volunteer • Counties “shall permit” current clients who volunteer to continue participating, unless county cannot pay for supportive services • ACL has suggested language, but can modify to refer to local program • Watch for substantive changes to notice (c) LSNC 2010

6. Infant Volunteer Problem Areas • Counties not informing of option to volunteer (but see Notice) • Counties think optional whether to allow volunteer (but see Notice) • Counties confused about if get support services for volunteering (will be in Q & A) • Counties confused about hours (will be in Q & A) • Interaction w/ “no support services” exemption (will be in Q & A) (c) LSNC 2010

7. Other Infant Problem Areas • ACL says get for 2 parent AU only if other parent can’t care for child(ren) because of WTW participation • Not consistent with law or regs (just require exempt person has primary caretaking responsibility); 47-220.22 : No adult in AU who is able and available to provide care. • Unclear if workers are auto-lifting sanctions • Notice says exemption ends sanction • ACL states if lose exemption and don’t sign, sanction returns • Since sanction was removed, argument must go through good cause/non-compliance/notice process if don’t sign plan (c) LSNC 2010

8. No Support Services “Good Cause” • “Exempt” (off the close, but listed as good cause) if county doesn’t have $ for support services • Leg intent to start w/ those coming onto aid • County must have written criteria for this exemption Get county criteria and review for caseload and service estimates and process for granting (c) LSNC 2010

9. Support Services Problem Areas • State “declined” to instruct counties that criteria cannot discriminate in who gets exempted • E.g.: large families or special needs children (family status and disability issues), students over working (issues on self-sufficiency and CW rules re: plan development) • Did not require or suggest to take non-compliant AU’s or volunteers first • Doesn’t address auto-lifting of sanction • Doesn’t require to take volunteers 1st (i.e. shifting to those who want exemption and away from those who want to participate) (c) LSNC 2010

10. Draft Q & A Short Term Exemptions • Letter should be out in 4-6 weeks? • Favorable answers • Can’t set fixed hours for volunteers • Can’t have policies focusing on “protected classes” • But allow hours and high cost of services as factors, even though this may have disparate impact on protected classes • Partial support services (but some clients want this) • Exemption/sanction provisions • Child care/support services for volunteers • Young child exemption for MFG children (c) LSNC 2010

11. Q & A Two-Parents (2P) Draft Answers • 2P sharing hours, one takes YC exemption. Still has 35 hour requirement; can still split if exempt parent volunteers and county is able to serve • 2P, one sanctioned – either can take the YC exemption. (And, under prior ACL, this would temporarily cure the sanction.) • 2P, both can be exempt, but only one gets the YC exemption. If one is excluded as mandatory participant (ex own exemption) other can take and no hour requirment until one loses exemption. • Registered Domestic Partners and stepparents are not mandatory participants, so 32 hours requirement; bio parent can take YC exemption (c) LSNC 2010

12. Unresolved issues • Core hours for volunteers • Whether you have to notify of “re-exemption” if young child/no support services • Ex: exempted for young child, volunteers, county says no $ support services. Must county send volunteer denial NOA? • Hours for 2-parent families when one exempt or timed out (c) LSNC 2010

13. Mental Health Funding • Counties can shift $ for mental health and substance abuse services to pay for other CalWORKs services, and vice versa. • If shift funds and MH/SA services become unavailable, clients with WTW plans listing these services must be granted good cause • County to review good cause no less frequently than 3 months • Argue exempt if anticipated to continue > 30 days and condition significantly impairs ability to work/participate (c) LSNC 2010

14. Discussion of Short Term Issues • Problems with young child • Problems with support services • Other? (c) LSNC 2010

15. Contact Information • Jodie Berger, Regional Counsel Legal Services of Northern California 1810 Capitol Street Vallejo, CA 94590 (707) 515-4112 Jberger@lsnc.net (best) Please refer students to local legal aid. I can consult with you (counselors) or the local legal aid… (c) LSNC 2010