DPSS ePolicy

Revision of existing policy and/or form(s)

What Changed?

The system has been programmed to discontinue aiding a child in the caretaker’s CalWORKs case by batch when they were removed by DCFS from the caretaker’s home (parent or non-parent).  Additionally, the system will aid a former foster child mid-month when the Foster Care (FC) placement is end-dated by the Department of Children and Family Services (DCFS) before the CalWORKs application date.

Note:  Changes are shown highlighted in gray throughout the document. 

Caretaker Relatives:

• Are not required to be the child’s legal guardian or have formal legal custody to be eligible to CalWORKs;
• Must be related within the 5th degree by blood, marriage, or adoption;
• Can provide a variety of documents to prove relationship to the child;
• Can choose to be needy (aided) or non-needy (not aided); and
• For purposes of this release a caretaker relative is an individual related to the child, other than a natural or adoptive parent.

Eligibility staff must follow the correct policy and procedures in order to ensure the timely processing of aid for caretaker relatives to avoid CalWORKs underpayments and/or overpayments.

A caregiver who is caring for a child who is placed in their care by DCFS and is receiving FC payments such as Kin-GAP, Approved Relative Caregiver (ARC), Emergency Caregiver (EC) or Assembly Bill (AB) 110 payments are ineligible to receive CalWORKs benefits for that child.

As a result of AB 110 (Chapter 8, Statutes of 2018), effective April 1, 2018, through June 30, 2018, DCFS issued short-term, interim payments to caregivers of a foster child prior to completing the Resource Family Approval (RFA) process.  The interim payment was an amount equal to the basic level rate paid to resource families for the period of April 1, 2018 – June 30, 2018.

As a result of AB 1811 (Chapter 35, Statutes of 2018), effective July 1, 2018,caretaker relatives caring for a child placed in their care by DCFS will receive EC funding equivalent to the basic level rate paid to a resource family. 

• Emergency caregivers eligible to receive payments under the provisions of AB 110 on June 30, 2018 and whose RFA application remained pending on or after July 1, 2018, are eligible to continue to receive funding until their RFA application is approved or denied.

Caretaker Relative

For purposes of this release, a caretaker relative is defined as a person who is not the biological or adoptive parent of the child who is:

• Related to the applicant/eligible child within the 5th degree; and
• Exercises responsibility for the day-to-day care and control of the child.

Note: A trail of birth certificates is not necessary to establish relationship if there are no discrepancies.  In addition, a caretaker relative does not need to have legal guardianship of the applicant/eligible child. 

Needy Caretaker Relative

A caretaker relative who has applied for aid and receives aid for: 

• Themselves; and/or
• Their own natural/adopted children who may be in the home. 

Non-needy Caretaker Relative

A caretaker relative who has applied for aid and does not want to receive CalWORKs benefits for:

• Themselves; or
• Their own natural/adopted children who may be in the home. 

Non-needy caretaker relatives only receive aid for the CalWORKs eligible child in their care.

Exempt Maximum Aid Payment (MAP)

The caretaker relative is eligible to receive the exempt (higher) MAP amount when they apply as a non-needy (unaided) caretaker relative. 

Note:  A non-needy caretaker relative can receive the exempt MAP if they receive Supplemental Security Income (SSI)/State Supplementary Payment (SSP), In-Home Supportive Services (IHSS), State Disability Insurance, or Temporary Workers’ Compensation/Temporary Disability Income.

Non-Exempt MAP

The caretaker relative receives the non-exempt (lower) MAP amount when they apply as a needy (aided) caretaker relative unless the caretaker relative meets other qualifying criteria for the exempt MAP, such as the needy caretaker receives IHSS, State Disability Income, Temporary Workers’ Compensation, or Temporary Disability Income.

ARC Program

Senate Bill (SB) 855 (Chapter 29, Statutes of 2014) authorized the ARC Program which extends cash aid benefits to caretaker relatives of children who are ineligible to receive AFDC-FC. 

The ARC Program provides caretaker relatives the AFDC-FC payment rate for the foster child.  The payment consists of the CalWORKs portion and a State supplement up to the AFDC-FC payment rate.

DCFS will:

• Conduct the ARC eligibility determination for each child that is not eligible to AFDC-FC and will ensure the following eligibility criteria is met to receive an ARC payment:
  • The child must reside in California;
  • The child must be a dependent or ward of the California Juvenile Court;
  • The child must not be federally eligible to the AFDC-FC Program; and
  • An ARC 1, Statement of Facts Supporting Eligibility for Approved Relative Caregiver Funding Option Program, is completed and signed by the caregiver.
• Issue the ARC payment including the CalWORKs portion;
• Refer needy caretakers to apply for CalWORKs for themselves when they are needy.

DCFS Infant Supplement

Children of minor parents are not eligible to CalWORKs when they receive an “Infant Supplement” as an addition to the regular AFDC-FC/ARC payments received by the minor parent/foster parent.

Centralization of caretaker relative cases (needy and non-needy)

As of February 8, 2016, CalWORKs cases with a caretaker relative are centralized.  Each district office has at least one designated Eligibility Worker (EW) who will manage the cases. 

Centralization of the Intake and approved cases ensures that timely actions are taken when there is a change in caretaker relative. 

AB 110 payment and EC/ARC payment

Children who receive FC payments including AB 110 payments or EC/ARC payments are not entitled to receive CalWORKs benefits. 

AB 110 Payments

Children who were known to DCFS between April 1, 2018 and June 30, 2018, received an AB 110 payment as follows:

• $923 up until June 30, 2018; and
• $960 effective July 1, 2018 onward. 

Emergency Caregiver Payments

As of July 1, 2018, children placed in DCFS’ care are eligible to receive an EC payment pending an FC evaluation in the amount equal to the basic FC which is $960 per month, per child.

These children are not eligible to receive CalWORKs benefits as the EC/ARC payment is considered duplicate aid.

If a caretaker relative applies for aid for a foster child(ren) and DCFS is involved, Eligibility staff must contact DCFS to confirm if the caretaker relative will or will not be receiving the EC payment before dispositioning the case.

Out-of-State Placement

When the child is placed by Los Angeles County DCFS with a caretaker relative out-of-state, the caretaker relative can receive CalWORKs benefits only for the foster child(ren) through Los Angeles County DPSS when FC payments are denied. 

This is due to the “Interstate Compact” agreement. 

These cases are processed and centralized at the Metro Family District Office #13.

• The placing county is responsible for providing CalWORKs and/or FC benefits, if the child is eligible.
• Caretaker relatives must follow existing reporting procedures.

DCFS referrals to DPSS for CalWORKs benefits

DCFS staff will refer a caretaker relative to apply for CalWORKs benefits only when the:

• Caretaker expresses they are needy and/or has other eligible children who may be eligible for CalWORKs benefits.  In this instance, DCFS will administer the FC Program benefits for the child and DPSS will administer CalWORKs benefits for the needy caretaker relative and their children.
• On rare occasion, DCFS may refer a caregiver to apply for CalWORKs for the children when FC payments, including EC and AB 110 payments were denied.  In these instances, CalWORKs eligibility staff must confirm with DCFS that the child remains placed with the caretaker before CalWORKs benefits are approved for the child.

Note: DCFS will not refer the caretaker relative to DPSS to apply for CalWORKs for the child when the child is eligible to receive FC benefits including the EC, ARC, or AB 110 payments. 

Referrals may be made by DCFS verbally, in writing, or through the Linkages process, using the DCFS 5122, DCFS Referral Notice.

CalWORKs Eligibility staff should process CalWORKs benefits for the caretaker relative in an expedited manner at all times.

Former foster child applies for CalWORKs mid-month

As of August 2019, the system functionality will allow a former foster child to be aided for CalWORKs mid-month when the FC placement is end-dated by DCFS prior to the child’s CalWORKs application date, if otherwise eligible.

Previously, if a household with a former foster child applied for CalWORKs in the same month the child(ren) was moved out of FC placement, CalWORKs functionality would fail for that month. 

Example: If the foster child was returned to the parent on August 4, and the parent comes to the district office to apply for CalWORKs on August 5, the parent and the child should be eligible to CalWORKs starting on August 5, if all other eligibility requirements are met, as long as the Placement End Date by DCFS is prior to August 5.  In this case, the Placement End Date should be August 4, the day the child was returned to the parent(s).

DCFS places a child in the home of a caretaker relative receiving General Relief (GR) benefits at the time of placement

• The GR case must be terminated at the end of the month the CalWORKs case is open.
• The GR grant for the month of application must be taken into consideration in determining the CalWORKs grant.
• The caretaker relative is considered a needy caretaker as they were receiving GR benefits.

If the participant’s circumstances change and they begin to receive income from another source, then the caretaker can designate themselves as non-needy. 

Face-to-Face Interview

As of July 1, 2017, a face-to-face interview is not required for non-needy caretaker relatives caring for a foster child(ren).  The interview that is required by CalWORKs is conducted over the phone, unless the caretaker relative requests otherwise.

Non-needy caretaker relatives caring for a child that was not placed by DCFS and needy caretakers continue to be required to complete a face-to-face interview at Intake before the CalWORKs case can be approved.

Fingerprinting

Effective June 30, 2018, the Statewide Fingerprint Imaging System (SFIS) eligibility requirement for CalWORKs cases was eliminated as a result of SB 89 (chapter 24, Statutes of 2017).  The system functionality was modified to no longer fail a case when a participant does not comply with SFIS. 

Effective July 1, 2018, applicants/participants and needy caretaker relatives are required to provide photo identification (ID) in person before benefits can be approved/continued. 

Non-needy caretaker relatives of children in FC are exempt from the photo ID requirement.

Number of caretaker relatives

An eligible child can have only one caretaker relative at one time.

Biological relatives

The following biological relatives are related within the 5th degree and can apply/receive aid for an eligible child:

Example of First Cousins:

If A and B are first cousins, B’s children are considered first cousins once removed to A.  A’s children are also considered first cousins once removed to B. 

Step-relatives

The following step-relatives are considered specified relatives related within the 5th degree and can apply/receive aid for an eligible child:

• Step-father;
• Step-mother;
• Step-brother; and
• Step-sister. 

Spouse of a person related within the 5th degree

A spouse or a former spouse of a relative who is within the 5th degree (biological or a specified step-relative) can be a caretaker relative. 

Note:   The spouse can continue to be the caretaker relative even if the marriage was terminated by death or divorce.

The following are examples of non-parents who can be the caretaker relative: 

• The former wife of the child’s great uncle; or
• The husband of the child’s step-sister.

Adoption

A person who legally adopts a child or that person’s relatives (within the 5th degree or a specified relative) can be a caretaker relative. 

Note: Anyone who is related to the child within the 5th degree by blood, marriage, or adoption can apply as a caretaker relative for the child even though the child has been relinquished/adopted or the parental rights were terminated. 

Persons ineligible to be the caretaker relative

The following are examples of individuals who do not meet the relationship requirements and do not qualify as a caretaker relative:

• The mother of the eligible child’s step-father; or
• The sister of the eligible child’s step-mother.

Determining care and control

 controlThe EW must determine the person who exercises care and control (caretaker) of eligible child(ren) when there is more than one person claiming to be the caretaker or when the parents of the child live apart and are requesting the aid for the child.  The following factors must be taken into consideration:

• Who decides where the child attends school/child care;
• Who deals with the school on educational decisions and problems;
• Who controls participation in extracurricular and recreational activities;
• Who arranges medical and dental care services;
• Who claims the child as a tax dependent; and
• Who purchases and maintains the child’s clothing.

Alternating Arrangements

When the child has an alternate living arrangement with their parents for periods of one month or less, the following must be considered to determine who is the caretaker:

• Where the child stays:  In most circumstances, the parent with whom the child stays the majority of the time is the caretaker.

Note:Temporary absence does not affect the determination.  See Administrative Release (AR) 82-812 Temporary Absence for detailed information.

Exemption: If the child stays for less than the majority of the time, that parent must establish that they have the majority of the responsibility for the care and control of the child.

• Applying Parent:  If the child spends an equal amount of time with each parent and each parent exercises an equal share of care and control of the child, the parent who applies for aid is the caretaker.

Note:This applies only if the other parent is not currently applying for or receiving aid for the child.

• Equal Time:  If both parents exercise an equal share of care and control and each has applied for aid for the child, the caretaker is determined in the following order:
  • The parent designated in a current court order as the primary caretaker for purposes of public assistance under Civil Code Section 4600.5 (h) which states:
    • In making an order of joint physical custody or joint legal custody, the court may specify one parent as the primary caretaker of the child and one home as the primary home of the child, for the purposes of determining eligibility for public assistance. 
  • When no court order designation exists and only one parent is eligible for aid, that eligible parent is the caretaker.
  • When both parents are eligible for aid, the parents must designate one parent as the caretaker via a CW 13 (out-of-drawer), Caretaker Relative Agreement.
  • If the parents cannot reach an agreement, the parent who first applied for aid for the child will be the caretaker.
  • The parent who has been determined to be the caretaker of the child who stays with the other parent for an alternating period of one month or less will remain the caretaker while the child is with the other parent.
  • When a child stays alternately for periods of one full calendar month or more with different persons who are not living together, the caretaker will be the person with whom the child is staying at the time.  That person will have to apply for aid on behalf of the child.
  • An Assistance Unit (AU) may have more than one caretaker.  However, an eligible child will have only one caretaker at one time.
  • A child who is a caretaker will not be considered a child to establish eligibility for a senior parent.

Caretaker relative has care and control when adult parent is in the home

CalWORKs parents are responsible for the care and control of their child and under usual circumstances related adults (non-parent) in the home do not have care and control of the eligible child(ren) when the adult parent of the child is also in the home.  The related adult can be the caretaker only when the adult parent cannot care for the child due to circumstances beyond their control.

When the parent is unable to care for the child due to circumstances beyond their control, the related adult can be designated as the caretaker relative.  This includes, but is not limited to, the following circumstances:

• Temporary Hospitalization of the Parent: In this instance, hospitalization may be in a medical hospital, psychiatric care facility, or drug and/or alcohol rehabilitation treatment facility. The parent is considered temporarily absent and can be aided in the CalWORKs AU for the duration of the hospital stay provided they meet all CalWORKs eligibility requirements. Detailed information regarding CalWORKs temporary absence rules is found in AR 82-812 Temporary Absence/Family Reunification.
• Temporary Employment/Training by the Parent: In this instance, the parent is away from the home temporarily as a result of employment, job activity, or training.  The parent is considered temporarily absent and can be aided in the CalWORKs AU for the duration of the activity provided they meet all CalWORKs eligibility requirements.
• The child is placed in the care of the related adult by DCFS: In this instance, Eligibility staff must verify with DCFS that there is no health or safety issues for the child based on the presence of the parent in the home.  A referral for protective services must be initiated should there be an indication that the presence of the parent in the home presents a health or safety issue for the child.  Detailed procedures for initiating a protective services referral are found in Office Operations 10-501.53 Referrals for Protective Services. Under no circumstance should a related adult be updated as having care and control of the eligible child when the parent of the child is able to care for the child.

Note:  This clarification in policy does not apply to minor parents.

CalFresh eligibility

The non-needy and needy caretaker relatives have a choice to apply for CalFresh benefits. 

If a caretaker relative submits a request for CalFresh benefits, the income and resources of the caretaker relative, regardless if they are needy or non-needy for CalWORKs, will be used to determine eligibility for CalFresh benefits. 

FC Payments Received

If the children are receiving FC payments, including the AB 110 and EC/ARC payments, they:

• Are considered roomers or boarders; and
• Their income (including FC income) and resources are used to determine CalFresh eligibility if the caretaker decides to continue to include the foster child as part of the CalFresh household.  The caretaker relative has the option to include or exclude the foster child from the CalFresh case when the child receives FC payments.

Medi-Cal – foster children

Foster children are eligible to receive fee-for-service Medi-Cal, which does not require enrollment into a managed care plan and allows the child the ability to seek medical care from any doctor that accepts fee-for-service Medi-Cal. 

Eligibility staff should take appropriate actions to ensure Medi-Cal coverage is discontinued for the foster child when requested by DCFS.  See Procedures section for detailed information.

Adoption Assistance Payments (AAP)

Since foster children who receive AAP are also eligible to receive CalWORKs benefits, a foster child can receive dual Medi-Cal coverage from DCFS and DPSS.

Needy caretaker relative

When the caretaker relative is a needy caretaker relative, they:

• Must comply with all CalWORKs eligibility requirements for themselves which include providing proof of their income, property, resources, etc.; and
• Will receive the non-exempt (lower) MAP.

Exception:The caretaker relative can receive the exempt (higher) MAP if they receive, SSI/SSP, IHSS, State Disability Income, or Temporary Workers’ Compensation/ Temporary Disability Income.

An AU of one is established to include only the caretaker relative when the eligible child(ren) receives SSI/SSP or FC payment (i.e., AFDC-FC, ARC, or Kin-GAP).

Note: The FC payment or SSI/SSP is not considered income to the needy caretaker relative’s CalWORKs case.  

Child Support Enforcement Program needy caretaker relative

All needy caretaker relatives are referred to the Child Support Services Department (CSSD) via the electronic interface with the California Child Support Automation System for the enforcement of a child support case.  The caretaker relative must complete all applicable child support forms and cooperates with CSSD, unless exempt or Good Cause exists.

A 25 percent grant penalty is applied when CSSD notifies DPSS that the needy caretaker relative did not cooperate. 

Please refer to AR 82-500 Child Support Enforcement Program, for detailed information.

GAIN/Welfare-to-Work (WtW) requirements needy-caretaker relative

The needy caretaker relative may be exempt from WtW requirements when they are caring for a child who:

• Is a dependent or ward of the court;
• Is receiving Kin-GAP, AFDC-FC, or ARC benefits; or
• The County has determined is at risk of placement in FC; and
• GAIN staff determines that the caretaker relative’s responsibilities:
  • Are beyond those considered normal day-to-day parenting responsibilities; and
  • Impair the caretaker relative’s ability to be regularly employed or to participate in WtW activities. 

Non-needy caretaker relative

When the caretaker is a Non-needy caretaker relative, CalWORKs eligibility is determined for the eligible child only.  The caretaker must provide verification of income, resources, etc., received by the child only. 

The caretaker relative:

• Does not need to provide their own income, or property and resources, etc.:
  • Their income is not counted towards their child’s grant.
• Is entitled to receive the exempt (higher) MAP for the child.

Child Support Enforcement Program non-needy caretaker relative

An electronic child support referral is sent to CSSD, unless Good Cause exists.  However, a non-needy caretaker relative is not required to cooperate. 

A sanction for refusing to assign support rights via the CW 2.1, Notice and Agreement, or a 25 percent grant penalty for not cooperating with CSSD cannot be applied.

Please refer to AR 82-500 Child Support Enforcement Program, for detailed information.

GAIN/WtW requirements non-needy caretaker relative

The non-needy caretaker relative is not eligible/required to participate in GAIN/WtW activities as they are not aided. 

GEN 853, Affidavit (Acceptable verification of relationship)

Acceptable verification of a caretaker relative to the eligible child includes a GEN 853, when:

• Verification/Evidence is not currently accessible/available;
• The attempts to obtain verification are documented in the case record; and
• Evidence is not conflicting.

PA 853-1, Affidavit to Documnet: U.S. Citizenship, Identity and Birth

The PA 853-1 should not be used to verify relationship.  It is used when an applicant declares themselves to be a citizen by birth of the United States (U.S.) or U.S. territory and other verification, such as a birth certificate is not available.

If the PA 853-1 is used to provide interim documentation of citizenship, a PA 230, Request for Verification/Certification of Evidence, must be submitted to verify the information on the completed PA 853-1. 

CalWORKs Retroactive Benefits

The caretaker relative is eligible to receive CalWORKs benefits from the date of placement by DCFS.  If the child was placed prior to April 1, 2018, the child is eligible to CalWORKs benefits from the date of placement found on the SAWS 1, Initial Application for CalFresh, Cash Aid and/or Medi-Cal/Health Care Programs, through the first of the month DCFS started to provide payments to the caretaker relative for that child.