DPSS ePolicy

To convert existing policy to new writing style only – No concept changes

Whenever an action is taken on a case, the County is required to provide an adequate Notice of Action (NOA) concerning a claimant’s aid; except for certain actions involving Social Services and the CalFresh Program. An adequate notice is required when:

1. Aid is granted, increased, decreased, discontinued, denied or partially denied;
2. The County determines that immediate need does not exist;
3. The County demands repayment of an overpayment (OP) or CalFresh overissuance (OI); or
4. The County takes action pursuant to a conditional withdrawal (CWD) of a hearing request or a state hearing decision.

Except for certain actions concerning Social Services [Manual of Policies and Procedures (MPP) Division 30] and the CalFresh Program (MPP section 63-504.266), the Appeals and State Hearings (ASH) section has jurisdiction to review and resolve any request for a state hearing filed within the 90-day period following the effective date of the disputed action or inaction (MPP section 22-009.1). The review of the amount of aid shall be extended back as far as 90 days from the filing date, at the claimant’s request (MPP section 22-009.2). A late filing past the 90-day period is admissible, should good cause exist. Good cause is determined by the California Department of Social Services (CDSS) director [Welfare & Institutions Code (WIC) 10951].

The County is required to give the applicant/recipient/claimant adequate notice in the following instances per MPP section 22-071:

An Adequate Notice is Required when…

1. Aid is granted (approved) or increased.
2. Aid status and/or benefit amount is:
   • Denied.
   • Decreased (including due to an overpayment/overissuance (OP/OI) adjustment).
   • Not changed following the receipt of a mid-period report or
   • Cancelled, terminated, or discontinued.
     Note: For California Work Opportunity and Responsibility to Kids (CalWORKs) and CalFresh Program cases:
     When aid is not changed due to a voluntary recipient mid-period report, the NOA shall be sent as soon as administratively possible, but no later than 30 days from the date the voluntary report is made.
3. The County demands repayment of a cash OP or a CalFresh OI. Relevant computation(s) must be included.
4. The County takes corrective action after the claimant has conditionally withdrawn a request for a state hearing.
   Reference: ASH 006 Withdrawals ePolicy for more detailed information.
   
5. A CalFresh application is pended because some action or verification is necessary to complete the application process.
6. The County determines that Immediate Need for the CalWORKs program does not exist, according to CalWORKs Eligibility and Assistance Standards (EAS) Manual  under Chapter 3. Div 40-129 Immediate Need.
7. The County takes action regarding compliance related issue(s) resulting from state hearing decisions (also see Compliance Issue listed in the Definitions section and MPP section 22-078 for Compliance with State Hearing Decisions).
8. The County takes action to change the manner or form of payment to a protective or vendor payment.

Language Compliant Notice

A written notice must be in the claimant’s designated preferred written language or the County must offer and provide interpretive services for NOAs not available in the claimant’s preferred language.

According to the provisions of MPP section 21-115.2, forms and other written material required for the provision of aid or services shall be available and offered to the applicant/recipient in the individual's preferred language when such forms and other written material are provided by CDSS. When such forms and other written material contain spaces (other than "for agency use only") in which the County is to insert information, this inserted information shall also be in the applicant/recipient’s preferred language.

Currently, there are nine (9) DPSS threshold languages:
Armenian, Cambodian, Chinese, Farsi, Korean, Russian, Spanish, Tagalog, and Vietnamese.

When a NOA is not available in the claimant’s preferred written language, Eligibility staff must provide the English version of the NOA along with the GEN 1365, Notice of Language Services and offer to verbally translate the NOA by using any of the language interpretive services resources. If the GEN 1365 is not issued along with the English version of the NOA, the NOA is not considered adequate. The California Statewide Automated Welfare System (CalSAWS) automatically sends the GEN 1365 when the NOA is generated by CalSAWS.

Timely Notice

When the County plans to take an adverse action, the notice of intended action must be mailed in time to be postmarked so that no less than 10 intervening calendar days are provided prior to the effective date of the adverse action, except in those situations listed below under “Exceptions to the Timely Notice Requirements,” or when a signed waiver of the right to an advance notice is obtained from the recipient.

Example:

In computing the notice period, the 10 calendar day period shall not include the date of mailing and the date that the action is to take effect. Thus, if the effective date of the action is June 1, the notice must be mailed no later than May 21.

The notice of intended action must be complete, clear and contain regulatory citations for the intended action. The notice must be mailed to the recipient and postmarked on the same day shown on the notice as the mailing date.

The AHS shall determine whether notices issued by the district/region office, that relate to the appealed issue, meet the adequate and timely notice requirements.

Exceptions to the Timely Notice Requirement (MPP section 22-072.2)

Timely Notice is Not Required When…

1. The County has factual information confirming the death of the person who was receiving aid and is affected.
2. The County receives a clear written statement signed by the person affected that:
   • They no longer wish aid; or
   • Gives information, which requires discontinuance or reduction of aid and the person has indicated, in writing, that they understand that this must be the consequence of supplying such information.
3. The person affected has been admitted or committed to an institution, and further payments to that individual do not qualify for Federal Financial Participation (FFP) under the State’s plan.
4. The person affected has been placed in a skilled nursing facility, intermediate care facility, or long-term hospitalization.
5. The whereabouts of the person affected are unknown and the County mail directed to them has been returned to the Post Office indicating no known forwarding address. However, the person’s aid payment shall be made available to them if their whereabouts become known during the payment period.
   
6. A CalWORKs child is removed from the home as a result of a judicial determination or voluntarily placed in foster care by their parent or legal guardian. Also see CalWORKs 82-812.67 Family Reunification and 82-808 Caretaker Relative Requirements.
   
7. The person affected has been accepted for aid in a new jurisdiction and the County previously providing aid has established that fact.
8. A change in the level of medical care is prescribed by the recipient patient’s physician or modified by utilization review.
9. A special allowance granted for a specific period is terminated and the recipient had been informed in writing at the time of initiation that the allowance shall automatically terminate at the end of the specified period.
10. The County has made a presumption of mismanagement of CalWORKs funds based upon a recipient's nonpayment of rent.
    • A presumption of mismanagement based upon nonpayment of rent includes the inability of a recipient to provide verification that CalWORKs Homeless Assistance was spent on shelter/housing, in accordance with EAS Manual under Chapter 11. Div 44-211.514(e). 
      
11. For CalWORKs and CalFresh cases, the county determines there will be no change un a recipient's cash aid as a result of a recipient mid-period report.

Important: Although a timely notice may not be required, an adequate notice must be sent no later than the effective date of action.

Time Limit on Request for a State Hearing

The request for a state hearing shall be filed within 90 days after the date of the action or inaction with which the claimant is dissatisfied. If the last date for the performance of any act required by these regulations is a holiday, the period will be extended to the next day which is not a holiday. “Holiday” as used herein means Saturday, Sunday or the holidays.

Where a request for a state hearing concerns the current amount of aid, at the claimant’s request, such review shall extend back as many as 90 days from the date the request for hearing was filed and shall include review of any benefits issued during the entire first month in the 90-day period.

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