DPSS ePolicy

Revision of existing policy and/or form(s)

What changed?

Effective January 1, 2017 the Maximum Family Grant (MFG) rule will be eliminated as a result of Assembly Bill (AB) 1603, (Chapter 25, Statutes of 2016).

As a result of the MFG repeal, no child will be denied aid because he/she was born into a family that received cash aid continuously for ten months immediately prior to their birth. Key points for this policy change are as follows:

• The change applies to children currently designated as MFG and future children born to the Assistance Unit (AU) on or after January 1, 2017.
  
• This change will not be applied retroactively. The Maximum Aid Payment (MAP) for the family will not include the needs of a child subject to the MFG rule until January 1, 2017.
• Child support income or benefits from social security or other government programs received by the MFG child that are based on an absent parent’s disability or retirement will no longer be excluded. The income will be used in the grant computation beginning with the family’s next payment period (after December 31, 2016) unless the income together with earnings received are over the family’s Income Reporting Threshold (IRT). When the combined income is over the IRT, the income will be counted mid-period as a County initiated mid-period action.
• Impacted parents/caretakers will be required to cooperate with child support enforcement (unless exempt) effective January 1, 2017, for the former MFG child(ren). For families receiving child support payments from the Child Support Services Department (CSSD), CSSD’s system, California Child Support Automation System/Child Support Enforcement (CCSAS/CSE), will be programed to begin sending only the $50 child support disregard to these families beginning January 1, 2017. The rest of the child support collected by CSSD will be used to repay the cash aid the family received. As a result, these families may see a decrease in the amount of child support received. CalWORKs Program Staff will conduct an outreach to those families to ensure they submit a voluntary mid-period report of the decrease so that their grant is adjusted accordingly.
• Children that receive General Relief (GR) MFG benefits will no longer be eligible to receive them upon transitioning to CalWORKs aid. These children will be transitioned to CalWORKs benefits effective January 1, 2017. Details of the process are provided within this release.
• MFG forms such as the CW 2102LA, The MFG Rule for Recipients of Cash Aid, informing notice and MFG Notices of Action will become obsolete. In addition, certain forms that reference the MFG rule are under revision such as the CW 2.1Q, Support Questionnaire, etc. Revised forms will be released in the coming weeks via a ‘Forms Instructions’ release.

The MFG rule was first implemented August 1, 1997. Under the rule, the CalWORKs grant was not increased for children born into an AU that had received CalWORKs continuously for the ten months prior to the birth of the child, with some exceptions. Certain types of income received on behalf of the MFG child were excluded from the CalWORKs grant determination and parents/caretakers were not required to cooperate with the child support enforcement process for these children. In addition, Los Angeles County implemented a program in December 2014 to provide GR benefits for MFG children who were part of a CalWORKs case with a zero MAP.

The MFG rule was repealed effective January 1, 2017, with the enactment of (AB) 1603, (Chapter 25, Statutes of 2016). As a result of the change, no child will be denied CalWORKs aid because he/she was born into a family that received cash aid continuously for ten months immediately prior to their birth.

K1/ 3F aid Code

Cases in which all adult parents in the AU have reached the CW time limit, have been GAIN sanctioned for a consecutive 12-month period or longer, or are a fleeing felon who reside with an eligible child.

Participant Outreach

Active CalWORKs Cases

On October 25, 2016, the TEMP 2260 (8/16), Changes to the California Work Opportunity and Responsibility to Kids (CalWORKs) MFG Rule, was sent by CalSAWS in all threshold languages to all CalWORKs participants. The mailer informed CalWORKs families of the repeal of the MFG rule and of changes in child support cooperation. The mailer included GR MFG Households with an active CalWORKs ‘zero MAP’ case.

New CalWORKs Cases

For new CalWORKs applicants, during the period of October 25, 2016 through December 31, 2016, eligibility staff began providing the TEMP 2260 (out-of-drawer) upon case authorization to inform them about the changes. CalSAWS will automatically generate the notice beginning January 1, 2017, upon case authorization for a 12-month period, through December 31, 2017.

See Call-Out 16-80 for detailed information.

GR MFG Cases Without an Active CalWORKs Case

On November 18, 2016, GR Program mailed the ABP 4061, Important Notice to General Relief Maximum Family Grant Households, to GR MFG households without an active CalWORKs case to inform them about the repeal of the MFG rule and changes in child support cooperation. GR Program emailed a copy of the ABP 4061 to each district office, to upload to the CalSAWS Imaging Solution. The GR Eligibility Worker (EW) will provide the ABP 4061 to the households that apply for GR MFG assistance through December 31, 2016.

See Call-Out 16-84 for detailed information.

Website

Message detailing the MFG repeal will be available on the DPSS CalWORKs website.

Recorded Message

All CalWORKs callers that are waiting to speak to a Customer Service Representative will hear an automated message informing them of the repeal of the MFG rule while they are on hold. The message is available in all threshold languages.

Transition of GR MFG Cases to CalWORKs

As a result of the MFG repeal, GR MFG cases have been terminated effective December 31, 2016 with a timely Notice of Action (NOA).

• The GR EW scheduled a CalWORKs Intake appointment for the GR MFG households with no active CalWORKs case during the month of December 2016. The appointment was so that the CalWORKs application for aid is obtained by CalWORKs Eligibility Staff from the parent/caretaker and any verification needed for CalWORKs that is not already on file. The beginning date of aid will be January 1, 2017, or the date the application is received (if received after January 1, 2017). The goal is to avoid a break-in-aid for the family to the extent possible.
• For GR MFG households with an active CalWORKs case, CalSAWS will automatically include the needs of the former MFG child(ren) in the CalWORKs MAP beginning January 1, 2017. These participants will not need to reapply for CalWORKs benefits.

See Procedures section for additional details.

CalSAWS Automation

CalSAWS will be programmed to apply the changes effective January 1, 2017. As a result:

• CalSAWS will be programed to automatically include the needs of the impacted child(ren) in the AU’s MAP effective January 1, 2017. This includes MFG children currently receiving GR benefits who are associated to an approved CalWORKs ‘zero MAP’ case. Impacted CalWORKs families will see an increase in their CalWORKs MAP unless there is income received or other factors that reduce the MAP.
  
• District office staff worked during October and November 2016 to complete appropriate action on all cases with MFG children including cases where a manual override was done to ensure the needs for the MFG children are automatically added back to the AU’s MAP when the changes are implemented in CalSAWS.
• The TM 44-314 NOA was generated in December 2016 informing participants about the change in the CalWORKs MAP. In addition, the family will be notified of any change in their IRT via a separate notice.
• A timely CalFresh benefit NOA will be generated to inform the family of their CalFresh allotment, if the family receives CalFresh.

Changes In Child Support Cooperation

Unless exempt, beginning January 1, 2017 CalWORKs applicants/participants impacted by the MFG repeal will be required to cooperate with child support requirements for the former MFG child.

This means that unless Good Cause exists or the case has a K1 or 3F aid code, the CalWORKs parent/needy caretaker will be required to cooperate by:

• Providing any relevant information in his/her possession about the identity and whereabouts of each absent parent or alleged father via the CW 2.1Q, Child Support Questionnaire;
  
• Completing, signing, and dating the CW 2.1, Notice & Agreement for Child, Spousal and Medical Support;
• Completing a telephone interview with CSSD staff upon application for CalWORKs or upon a household change that requires an interview referral;
• Submitting to genetic testing (including child) if paternity is in question;
• Serving as a witness in court or at other hearings related to child support;
• Forwarding child support payments received directly from the absent parent(s) with or without a court order to CSSD; and
• Identifying potential sources of medical coverage, including private health insurance policies, pending judgments, etc.

Good Cause

Applicants may have Good Cause for not cooperating with child support cooperation requirements. Good Cause exists when at least one of the following conditions applies:

• When cooperation may reasonably be anticipated to result in serious physical or emotional harm to the applicant/participant;
  
• The child for whom aid is sought was conceived as a result of incest or rape;
• Legal proceedings for the adoption of the child are pending; or
• A public or private agency is counseling the applicant regarding keeping the child or relinquishing the child for adoption.

Other Exemptions from Child Support Cooperation

In addition, child support requirements do not apply when the following conditions exist:

• Both married natural or adoptive parents of the eligible child(ren) live in the home with the child;
  
• The parent(s) is/are deceased;
• Both unmarried parents of the eligible child are living in the home and paternity has been legally established; or
• When the case has a K1 or 3F aid code.

Required Forms

• The CW 2.1, Notice and Agreement for Child, Spousal and Medical Support form is:
  • Used to notify the applicant/participant of the child support assignment and cooperation rules;
    
  • Used to notify the applicant/participant of the right to claim Good Cause;
    
  • Used to document the applicant’s/participant’s refusal to assign support rights;
    
  • Completed and signed by the applicant/participant for each absent parent;
    
  • Reviewed by the County with the applicant/participant; and
    
  • Signed by a County representative.
    
• The CW 2.1 Q, Support Questionnaire is:
  • Used to capture absent parent information provided by the applicant/participant for each absent parent.
    

See Administrative Release (AR) 82-500 Child Support Enforcement for additional detailed information regarding the CalWORKs child support requirements.

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