DPSS ePolicy

Residents of DAA Treatment Centers who regularly participate in a Drug or Alcoholic Rehabilitation Program may be eligible for CalFresh benefits through an Authorized Representative (AR). The AR must be employed and designated by the DAA Treatment Center for the purpose of applying, receiving, and using CalFresh benefits. Residents of a DAA Treatment Center must apply for CalFresh voluntarily. A DAA Treatment Center cannot require residents to apply for CalFresh.

Note: A CalFresh application must not be denied for residents of a DAA Treatment Center because the AR did not initiate the application. However, the certification must be done through the AR.

Individuals employed and designated by the DAA Treatment Center to act as an AR must be knowledgeable about the Household’s (HH) circumstances and should review those circumstances with the applicant before applying for CalFresh benefits on the resident’s behalf. The AR is responsible for:

• Completing the required reports during the certification period; and

• Reporting required changes based on the resident’s circumstances.

Employees designated by the DAA Treatment Center acting as an AR will use the CalFresh benefits to prepare and serve food to the resident(s) who are participating in the CalFresh Program.

A DAA Treatment Center may access benefits in several ways, including:

• The use of residents’ Electronic Benefit Transfer (EBT) card at authorized stores;

• The authorization of the DAA Treatment Center as a retailer with EBT access via a Point of Sale (POS) device; or

• The use of an EBT card to access benefits in the DAA Treatment Center’s aggregate (central) EBT account loaded with combined benefits of all residents receiving CalFresh.

Disabled or blind individuals who are residents of a GLA may apply for CalFresh on their own behalf or through an AR. The AR may be an AR of their choice or an AR employed and designated by the GLA. The GLA must determine if a resident may apply on their own behalf based on the resident's physical and mental ability to handle their own affairs.

If a determination is made that the resident is physically and mentally fit to make their own choices, the resident has the following options:

1. Apply for CalFresh benefits on their own, the following conditions apply:
    
   • CalFresh benefits may either be returned to the GLA to be used to purchase food for meals served either communally or individually to the resident or used by the resident to purchase and prepare food individually for their own consumption. 
     
     
   • The resident is responsible for completing required reports during the certification period.
     
     
   • The HH size must be determined based on HH composition purchase and prepare rules.
      
2. Choose an AR of their choice:
   
   
   • The AR is responsible for completing the required reports during the certification period and reporting required changes based on the resident’s circumstances. 
     
     
   • The HH size must be determined based on HH composition purchase and prepare rules.
      
3. Choose a representative from the GLA as an AR to apply on their behalf (the AR must be employed and designated by the GLA). The following conditions apply:
   
   
   • CalFresh eligibility must be determined as a one-person HH.
     
     
   • The AR designated by the GLA may obtain and use the CalFresh benefits in exchange for food prepared by and/or served to the eligible resident of the center who is participating in the CalFresh Program, or allow the eligible resident to use all or any portion of the benefits on their own behalf.
     
     
   • The AR is responsible for completing the required reports during the certification period and reporting required changes based on the resident’s circumstances.

Note: Even if a resident applies for CalFresh on their own behalf, an employee designated by the GLA may act as the HH’s AR for purposes of receiving and using benefits.

If an employee designated by the GLA is acting as an AR for the purpose of receiving and using benefits, the GLA may purchase and prepare food to be consumed by CalFresh recipients on a group basis if:

1. Residents normally obtain their meals at a central location;
   
   
2. Meals are prepared at a central location for delivery to individual residents; or
   
   
3. Personalized meals are prepared and paid for with CalFresh.

The GLA must ensure that the resident’s HH benefits are used only for meals intended for that resident.

DAA Treatment Centers

A DAA Treatment Center is a residential drug addiction or alcoholic treatment and rehabilitation program. The program may be operated by a private, non-profit organization or institution, or a publicly operated community mental health center. 

A DAA Treatment Center must be operating under Part B of Title 19 of the Public Health Service Act (42 United States Code 300x et seq.) or authorized by the United States Department of Agriculture, Food and Nutrition Service (USDA- FNS) as a retailer.

To be considered “operating under Part B of Title 19 of the Public Health Service Act”, the DAA Treatment Center must be certified by the State Title 19 Agency as one of the following:

1. Receiving or eligible to receive funding under Part B of Title 19 of the Public Health Service Act. 
   
   
2. Operating to further the purpose of Part B of Title 19, to provide treatment and rehabilitation of drug addicts and/or alcoholics.

Note: When DAA Treatment Centers do not provide meals, residents may apply as roomers.

GLA

GLA is a public or private non-profit residential home for disabled or blind individuals that serves no more than 16 residents. Additionally, a GLA must be certified by the USDA-FNS, under regulations issued under section 1616(e) of the Social Security Act or comparable standards. To be eligible for CalFresh, a resident of a GLA must be disabled or blind as defined by CalFresh (MPP 63-102(e)(1)).

Note: Residents of private for-profit GLAs are ineligible to receive CalFresh benefits.

Sober Living Environments (SLE)

SLE are residential living arrangements for persons transitioning from drug and alcohol rehabilitation or treatment centers. SLE are not considered DAA Treatment Centers.

Residents of SLEs are eligible to apply for CalFresh benefits if the facility does not provide most of the meals or does not provide meals at all and are allowed to purchase their food and prepare their meals separately from other residents living in the facility. Residents of SLEs can apply for CalFresh on their own or with the assistance of an AR.

Note: There is no State agency in California that licenses or provides certifications for SLE.

Shelter for Battered Persons

A shelter for battered persons, commonly referred to as a shelter for victims of domestic violence, is a public or private non-profit residential facility that serves victims of domestic violence. For more information, reference Administrative Release 5648, Supplemental I, Processing Domestic Violence Cases in the CalFresh Program.

Pro Rata Share

Pro rata share means assigning an amount to one person according to their share of the whole. For GLAs, the pro rata share is referred to a partial refund distributed in equal portions among HH members.

1. Notify the Department of Public Social Services (DPSS) by sending a new change report form with the HH’s change in address, if available, and a statement that the DAA Treatment Center and employee are no longer the AR.
   
   
2. Provide the HH with a SAR 3, Mid-Period Status Report (SAR 3) as soon as it is acknowledged that the HH plans to leave the facility. The HH must be advised to return the SAR 3 form to the Department within 10 calendar days with any required mid-period reporting.
   
   
3. Provide the HH with their EBT card, if it was in the possession of the DAA Treatment Center; and
   
   
4. Return benefits to the HH:
   
   
   • If no benefits have been spent on behalf of a resident, the DAA Treatment Center must return the full value of any benefit already debited from the resident’s current monthly allotment back into the resident’s EBT account at the time the resident leaves the DAA Treatment Center.
     
     
   • If benefits have already been debited from the EBT account, and any portion was spent on behalf of a resident, the following procedures must be followed:
      
     
     • If the resident leaves prior to the 16th day of the month, the DAA Treatment Center must ensure that the resident has one-half of their monthly allotment remaining on their EBT account.
       
       
     • If the resident leaves on or after the 16th day of the month, the DAA Treatment Center must transfer a portion of the resident’s monthly allotment from the DAA Treatment Center’s account back into the HH’s EBT account as soon as possible.

1. Notify DPSS by sending a new change report form with the HH’s change in address, if available, and a statement that the GLA and employee are no longer the AR.
   
   
2. Provide the HH with a SAR 3, as soon as it is acknowledged that the HH plans to leave the facility. The HH must be advised to return the SAR 3 form to the Department within 10 calendar days with any required mid-period reporting.
   
   
3. At the time the resident leaves the GLA and no benefits have been spent, the GLA must return the full value of any debited funds from the resident’s current monthly allotment back into the resident’s EBT account as soon as possible and provide the HH with their EBT card.
   
   
4. If the GLA has already spent any portion of the benefits on behalf of the resident, the GLA must perform the following:
   
   
   • If the resident leaves the GLA prior to the 16th day of the month, the GLA must provide the resident with their EBT card and one-half of their monthly benefit allotment as soon as possible. When a group of residents has been certified as one HH and a member of the HH leaves the GLA:
     
     
     • The GLA must return a pro rata share of one-half of the HH’s benefit allotment to the EBT account as soon as possible and notify DPSS that the individual is entitled to that pro rata share; and
       
       
     • DPSS must create a new EBT account for the individual, issue a new EBT card, and transfer the pro rata share from the original HH’s EBT account to the departing individual’s EBT account. The GLA must advise the departing resident of how to obtain a new EBT card.
        
   • If the HH or an individual member of the group HH leaves on or after the 16th day of the month and the benefits have already been debited and used, the HH does not receive any benefits for the remainder of the month.

At the time the resident leaves the DAA Treatment Center or GLA, the resident must be allowed to have sole access to the benefits remaining in their EBT account. If the individual leaves without notifying the facility, and the DAA Treatment Center or GLA is unable to return the EBT card to the resident, the DAA Treatment Center or GLA is responsible for returning the benefits and notifying DPSS.

The DAA Treatment Centers and GLAs are held responsible for any misrepresentation of facts or Intentional Program Violations which the AR knowingly commits in the certification of residents. As retailers authorized by the USDA-FNS, the DAA Treatment Centers and GLAs may be penalized or disqualified if it is administratively or judicially determined that benefits were misappropriated or used by the AR for purchases that did not contribute to the HH’s meals or for misrepresenting the HH’s circumstances. The DAA Treatment Centers and GLAs are strictly liable for all losses or misuse of benefits and/or EBT cards held on behalf of a resident HH and for all overissuances that occur while the HH is a resident of the DAA Treatment Center or GLA. The resident HH will be held harmless from these types of overissuances.

The DAA Treatment Centers and GLAs must provide DPSS with a list of currently participating residents which includes a statement signed by a responsible DAA Treatment Center or GLA official attesting to the validity of the list. DAA Treatment Centers and GLAs may use the CF 377.5A, Drug Addiction or Alcoholic Treatment and Rehabilitation Centers and Group Living Arrangements: Periodic Resident Report to keep record of current residents receiving CalFresh. The form must be submitted to the CalFresh Nutrition Program (CFNP) Section on a monthly basis via email to DPSSCalFresh@dpss.lacounty.gov.

CFNP staff will use the list to:

1. Monitor the facility’s caseload on a monthly basis;
2. Make periodic on-site visits; and
3. Ensure that office records are current.

CFNP staff must make on-site visits to facilities on a monthly basis to:

1. Verify the accuracy of the listings;
2. Ensure that local office records are consistent and current; and
3. Verify that the center's certification is current.

The date of the visit must be documented on the list being checked. Additionally, the number of residents must be verified through an inspection of facility records, such as admission and departure cards or ward lists. CFNP staff will also verify the facility's approval as a certified DAA Treatment Center or GLA.

Incidents of suspected misuse or misappropriation of CalFresh benefits must be reported by submitting a fraud referral to the Welfare Fraud Prevention and Investigation Section (WFP&I). If the facility is disqualified by the USDA-FNS as a retailer, it may not serve as an AR for customers as long as it is disqualified. If the facility loses its license or certification from the appropriate State agency, it may not serve as an AR. The consequences for the resident will differ based on the type of institution disqualified as follows:

• If FNS disqualifies a GLA as an authorized food retailer, the county must suspend the GLA’s AR status for the same time period. Residents applying on their own behalf or through an AR of their choice will still be able to participate if otherwise eligible. Residents who applied through an AR employed and designated by the GLA must either designate a new AR or act on their own behalf.

• If FNS disqualifies a DAA Treatment Center as an authorized food retailer, the county must suspend the DAA Treatment Center’s AR status for the same period. Residents of the DAA Treatment Center must receive an adequate Notice of Action (NOA) explaining the discontinuance and when it will become effective.