ParaRegs-CalWORKs-Age
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Evidence which is
acceptable for determination of a child's age includes, but is not limited
to, a birth certificate; hospital, physician or midwife birth record;
baptismal or church record; confirmation or church records; school records;
Indian Agency records; immigration or naturalization records; adoption
decree; passport; state or federal census records; the affidavit of an adult
if it is based on personal knowledge; or entries in a family Bible or other
genealogical record or memorandum of such applicant. (§42-111.1) |
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A child 18 years of
age is eligible for CalWORKs (formerly AFDC) only if he/she is enrolled as a
full-time student (as defined by the school) in high school or, if he/she has
not completed high school, in a vocational or technical training program
which cannot result in a college degree, provided he/she can reasonably be
expected to complete either program before reaching age 19. (§42-101.2) |
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062-2 |
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In Fry v. Saenz, the
CDSS was sued because it discontinued CalWORKs benefits to disabled children
who were 18 years old when those children could not reasonably be expected to
complete high school graduation requirements by age 19. The California Court of Appeal, Third
Appellate District, held that the application of the general rule (§42-101.2)
to the disabled children violated the Americans with Disabilities Act (ADA)
(see 42 |
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062-2A |
ADDED 9/04 |
A writ was issued in Fry v Saenz
on Counties must immediately cease
denying, discontinuing or reducing CalWORKs for all otherwise eligible
18-year olds (and their parent/caretaker relatives) who are attending school
full-time and not expected to graduate
by age 19 regardless of the reason that the 18-year old is not expected to
graduate. Counties are instructed to
flag cases impacted by Fry for future review until the teen turns 19,
graduates or the instructions defining disability are issued by CDSS. CDSS will issue a second ACL on or
before Counties are instructed to issue
retroactive payments back to July 7, 2004, for any case with an otherwise
eligible 18-year old (and their parent/caretaker relative) who is attending
school full-time and not expected to graduate before age 19 if cash aid were
lost since July 7, 2004 solely because of current age requirement
regulations. (All |
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062-3 |
REVISED 8/05 |
Otherwise eligible 18-year olds
who attend school full-time and are considered disabled shall continue to be
eligible for CalWORKs until they graduate, turn 19 or stop attending school
full-time, whichever comes first. The following 18-year olds are
considered disabled: ·
Children who currently receive or have in the past received SSI/SSP
benefits. Parent/caretaker relatives
shall cooperate with the county to obtain verification of receipt of SSI/SSP
benefits. (§42-101.3) ·
Children who currently receive or have in the past received services
through a ·
Children who currently receive services at school in accordance with
their Individual Education Plan (IEP) or receive services under/pursuant to
Section 504 of the rehabilitation Act (e.g., a Section 504 Plan or Section
504 Accommodation Plan) or have received such services in the past. Parent/caretaker relatives can provide a
copy of the IEP or Section 504 Plan or cooperate with the county to obtain
verification from the school. (§42-101.5) ·
When a child’s disability cannot be verified by the above criteria,
the parent/caretaker relative can provide independent verification of a
current or past disability by a health care provider or a trained, qualified
learning disabilities evaluation professional. The county may also be authorized to use
the CW61 to obtain information to verify the child’s disability. (§42-101.6) (All |
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062-3A |
ADDED 2/05 |
Within 120 days of this All County
Letter, counties are instructed to implement procedures for identifying and
aiding all active cases that have been continued under Fry v. Saenz to
determine if the 18-year old is considered disabled under the processes and
standards of this All County Letter.
Counties must implement these processes and standards for applicants
as soon as possible but no later than 120 days After the date of this All County
Letter. (All |
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062-4 |
ADDED 2/05 |
When it is determined that the
18-year old in those cases continued under ACL 04-33 does not meet the
standards for being considered disabled under Fry v Saenz, counties
shall discontinue the assistance unit or decrease the grant in
accordance with Quarterly Reporting requirements. Overpayments will not be assessed
against any 18-year old and their parent/caretaker relative who received cash
aid based on the instructions in ACL 04-33 if it is determined that the
18-year old does not meet the disability criteria set out in this ACL. (All |
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The Kinship Guardian Assistance
Payment (Kin-GAP) is a child-only cash aid program for children with court
dependencies who are placed with relatives who assume guardianship and opt to
exit the foster care system. (All-County
Letter (ACL) No. 99-92, October 25, 1999) The CDSS was given the authority
to initially implement the Kin-GAP legislation (established by Senate Bill
No. 1901, |
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065-2 |
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Each Kin-GAP child is in his or
her own AU, even if there is a sibling or a needy caretaker relative living
in the same home. (All-County Letter
(ACL No. 99-97, The Kin-GAP recipient is excluded
by law from receipt of CalWORKs (W&IC §11450(j)) and the income and aid
payment of the Kin-GAP recipient is not considered available to CalWORKs
applicants and recipients. (W&IC
§11371) The needy caretaker relative
of the Kin-GAP recipient may be in his/her own one-person AU, or included in
an AU with other eligible dependent children.
(W&IC §11450.16(B); §82-820.22, effective |
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065-3 |
REVISED 6/04 |
To be eligible to receive a
Kin-GAP payment, a child under age 18 must meet all of the following
conditions: ·
Been adjudged a dependent child of the juvenile court pursuant to
W&IC §300; ·
Been an eligible child who lived with a relative for at least 12
consecutive months; ·
Had a kinship guardianship with that relative that was established per
W&IC §366.26 and has had his/her Juvenile court dependency dismissed per
W&IC §366.3 after (All-County Letter (ACL) No.
99-97, November 4, 1999; ACL No. 00-09, January 10, 2000; §§90-105.121, .131,
.132, effective July 1, 2000; W&IC §11363(a)) |
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065-4 |
ADDED 6/07 |
KinGAP Program Changes Implemented
by Assembly Bill 1808 and effective ·
The Program has been extended to allow KinGAP benefits to be provided
to probation youth in foster care and under the supervision of the juvenile
delinquency court. To be eligible, the child must have lived with the
relative at least 12 consecutive months prior to the establishment of legal
guardianship; the relative guardianship must be established pursuant to a
permanency planning hearing under Welfare and Institutions Code (W&IC)
Section 727.3, Subdivision (b); and, the child must have his/her wardship
terminated pursuant to subdivision (e) of W&IC Section 728, concurrently
or subsequently to the establishment of the guardianship. These children may
have been receiving either federal AFDC-FC or CalWORKs payments prior to
entering KinGAP. ·
The Program permits SCI payments as part of the KinGAP payment if the
child was receiving AFDC-FC SCI payments in the month before the month that KinGAP
benefits began. ·
All KinGAP recipients are now entitled to the $100 annual state
supplemental clothing allowance. ·
Children in receipt of KinGAP are now eligible to receive the same
clothing allowance which they would have received had they been in foster
care based on that county’s clothing allowance plan. (All |
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065-5 |
ADDED 6/07 |
For all existing KinGAP
cases, the specialized care increments provided as part of the enhanced
KinGAP Program will only apply to children who received AFDC-FC specialized
care increments in the month before the month that KinGAP benefits began. Counties
should make every effort to determine eligibility for the SCI as soon as
possible but no later than a child’s next annual redetermination or the end
of the state fiscal year, For all new cases entering
KinGAP after (All |
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065-5A |
ADDED 6/07 |
The KinGAP Program does not
provide for SCI assessment or reassessment by a social worker. By statute,
the amount of the SCI is determined by whatever SCI amount was received on behalf of
the child in the month prior to entry into KinGAP. While the child’s physical or
behavioral condition may change, the KinGAP payment will not adjust as a
result of any changes in the child’s needs. However, if a county’s
specialized care plan automatically adjusts rates based on age, the KinGAP
payment will also automatically adjust accordingly. (All |
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065-6 |
ADDED 12/07 |
As of Some of the enhanced provisions
include: Enhanced KinGAP now covers
probation youth who are under the supervision of Juvenile Court. To be eligible, the child must have lived
with the relative caregiver for at least 12 consecutive months; the legal
kinship guardianship must have been established by Juvenile Court pursuant to
Welfare and Institutions Code section 728, subdivision (d); and, had his or
her wardship terminated pursuant to section 728, subdivision (e),
concurrently or subsequently to establishing legal guardianship. Enhanced KinGAP permits
specialized care incremental (SCI) rates if the child was receiving AFDC-FC
SCI payments in the month prior to the month that KinGAP benefits begin, as
the child is otherwise eligible. Enhanced KinGAP permits the
payment of the $100.00 annual state supplemental clothing allowance. (All County Letter (ACL) Nos.
07-13, Mar. 13, 2007; 07-13 Errata, Aug. 8, 2007; and, 07-47, Nov. 21, 2007;
referencing Stats. 2006, c. 75, (A.B. 1808); and Stats. 2007, c. 177, (S.B.
84).) |
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Each Kin-GAP child is in his or
her own AU, even if there is a sibling or a needy caretaker relative living
in the same home. (All-County Letter
(ACL No. 99-97, The Kin-GAP recipient is excluded
by law from receipt of CalWORKs (W&IC §11450(j)) and the income and aid
payment of the Kin-GAP recipient is not considered available to CalWORKs
applicants and recipients. (W&IC
§11371) The needy caretaker relative
of the Kin-GAP recipient may be in his/her own one-person AU, or included in
an AU with other eligible dependent children.
(W&IC §11450.16(B); §82-820.22, effective |
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068-2 |
ADDED 8/05 |
Pursuant
to ACL 00-09, similar to CalWORKs, Kin-GAP payments are to be paid in the current
month. MPP Section, 44-304.52 indicates that counties shall place the Kin-GAP
payment in the mail to be received by the first calendar day of the payment month. All |
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