DPSS ePolicy

Revision of existing policy and/or form(s).

This release provides information regarding eligibility of same-sex married spouses and Registered Domestic Partners (RDPs).

What changed?

This release was modified to include additional system instructions on how to process cases that include RDPs.

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

For purposes of determining CalWORKs eligibility and Welfare-to-Work (WtW) Program requirements, same-sex spouses and RDPs have the same rights and responsibilities as stepparents have to the CalWORKs children of their partner/spouse. The family has the option of including or excluding the same-sex spouse or RDP in the Assistance Unit (AU).

Same-sex marriages are recognized in California for the following periods:

• June 16, 2008 - November 4, 2008; and 
• June 13, 2013 and after.

Same-Sex Spouses

The California Supreme Court ruled on May 15, 2008, that the constitutional right to marry protected by the California Constitution applies to same-sex couples, as well as to opposite sex couples.

On November 4, 2008, California voters passed Proposition 8 to eliminate samesex marriages in California which was upheld by the California Supreme Court on May 26, 2009.

In June 2013, the Ninth Circuit Court of Appeals dissolved the injunction that prohibited same-sex couples from marrying. As a result, all otherwise valid marriages of same-sex individuals performed in California on or after June 13, 2013, are legal.

RDPs

California Assembly Bill (AB) 205, statutes of 2003, broadened the legal definition of RDPs to extend RDPs the same rights and responsibilities that are granted and imposed upon married couples. AB 205 also extended these rights and responsibilities to a member of a legal union validly formed in another jurisdiction that is equivalent to a RDP in California.

Same-Sex Spouse

A person married to someone of the same sex. Same-sex marriages occurring in California between June 16, 2008 and November 4, 2008, as well as marriages of same-sex individuals performed in California on or after June 13, 2013, are recognized as valid marriages by the State of California; therefore, valid for the purposes of CalWORKs. In addition, marriages occurring in other states that were valid at the time in which the marriage was performed are recognized as valid in California.

California RDP

"California Domestic Partner" means an individual who:

• Has a Declaration of Domestic Partnership registered with the California Secretary of State. California RDPs must meet one of the following conditions: 
  • Two individuals of the same sex; or 
  • Two individuals of the opposite sex and at least one of which is over 62 years of age. 
• Is a member of a legal union, other than a marriage, of two persons of the same sex, validly formed in another jurisdiction, and substantially equivalent to a California RDP.

Stepparent

"Stepparent" means a person who is not the biological parent, but is either married to, or the RDP of the parent of the child. A stepparent is responsible for the support of their children from another union living outside the home; and their children, biological and adopted, living in the home; and their spouse.

• Failure of the stepparent to provide information essential to the determination of the eligibility of their stepchild(ren) will result in the discontinuance or denial of cash aid. 
• Timed-out stepparents who are not required to be in the AU and are living in the home are no longer eligible to be optional AU members and their net non-exempt income and needs are treated as described in this release. 
• The stepparent's income, after allowable deductions is deemed available to aided stepchildren living in the home. 

See Examples section for the computation of income to the family from a stepparent.

Optional Person

"Optional person" means an otherwise eligible person who is not required to be included (mandatorily included) in the filing unit or AU. Optional persons include:

• Non-Parent caretaker relatives; 
• Essential persons (when they have not exceeded the 60-Month Time Clock) are: 
  • Stepparents (including same-sex spouses); 
  • California RDPs; and 
  • Alternative Sentenced Parents who are convicted of a crime who are permitted to live at the home while serving a court-imposed sentence. 
• Other eligible children: 
  • Nieces/Nephews; 
  • Cousins; and 
  • Grandchildren.

Excluded Members

An excluded member is defined as one of the following individuals:

Excluded by Law:

• Fleeing felons; 
• Probation/Parole violators; 
• CalWORKs 60-month time limited adult; 
• Father of the unborn child with no other children in the home unless they are an essential person; 
• Sponsored noncitizens whose needs are met by the sponsor or are unable to provide the sponsor’s information; and 
• Ineligible noncitizens. 

Sanctioned for:

• Not complying with GAIN; 
• Being a Striker; 
• Refusing to assign child support rights; and 
• Failing to provide a Social Security Number (SSN), or proof of application for an SSN. 

Recipient of another cash aid program, such as:

• Supplemental Security Income; 
• Cash Assistance Program for Immigrants; and 
• Foster Care, including: 
  • Kinship Guardianship Assistance Payment; 
  • Emergency Caregiver; 
  • AB 110; or 
  • Approved Relative Caregiver Payment.

Out-of-State RDP

RDPs who are members of a legal union, which was validly formed out-of-state are extended the same rights and responsibilities equivalent to a California RDP.

Since RDPs are not recognized in federal law as having a relationship different than other unmarried adults, their rights in other federal programs are not always the same as spouses would otherwise have. The following requirements address how same-sex spouses and RDPs are treated.

CalWORKs

Same-Sex Spouse and RDP

A non-parent same-sex spouse/RDP is treated in the same fashion as a stepparent when determining eligibility and grant amount.

If the request is made to include the same-sex spouse/RDP in the AU:
Then the income and assets of the same-sex spouse/RDP is to be considered and treated as income/assets available to the AU

If the request is made to exclude the same-sex spouse/RDP from the AU:
Then the income and assets of the same-sex spouse/RDP is to be considered and treated as income/assets available to the AU. In addition, the needs of the same-sex spouse/RDP are allowed.

See Examples section for detailed information.

Medi-Cal Eligibility

Same-Sex Spouse

Same-Sex Spouse Same-sex spouses who are included in the CalWORKs AU are eligible to Medi-Cal (e.g., CalWORKs-based Medi-Cal).

RDP

Medi-Cal has both State-only and federally funded programs.

RDPs are not eligible to federal Medi-Cal benefits unless they meet the following criteria:

• Are the biological or adoptive parent of a child in the AU; 
• The RDP’s name appears on the child’s birth certificate; or 
• The RDP establishes their own federal Medi-Cal eligibility (e.g. by being aged, blind, disabled, pregnant, etc.) without considering the presence of the other RDP. 

When the RDP is not the biological or adoptive parent of a child in the AU and they are receiving CalWORKs benefits:

1. A separate Medi-Cal determination must be made for that RDP. 
2. Two separate aid codes must be used; one for the RDP and one for remaining AU members.
   

Note: The RDP may be eligible for specific State-funded Medi-Cal Programs since they are treated as a spouse under State law.

Aid code 3S has been established for those who are eligible for CalWORKs, but who will not receive automatic CalWORKs-based Medi-Cal. Use of aid code 3S ensures that RDPs are not inappropriately considered or claimed as CalWORKs-based Medi-Cal participants. See Administrative Directive 4840 The Domestic Partners Rights and Responsibilities Act of 2003, for detailed information.

In rare instances when the non-parent RDP must be included in the AU for the family (i.e., parent, RDP, and children) to be income eligible for CalWORKs, then the parent and children must be granted CalWORKs under 3S aid code along with the non-parent RDP. Aid code 3S is assigned to indicate that the family is only eligible for CalWORKs, but not to CalWORKs-based Medi-Cal. A separate Medi-Cal determination for the family is required.

When the RDP is not the biological or adoptive parent of a child in the AU, and they choose to be excluded from the CalWORKs AU and request Medi-Cal, a separate Medi-Cal determination for the RDP is required.

CalFresh

Since CalFresh is primarily a federal program, known as Supplemental Nutrition Assistance Program, and federal law does not recognize RDPs, they are treated as unmarried adults.

Refugee Cash Assistance (RCA)

The RCA Program has the same requirements as CalWORKs. Same-sex spouses and RDPs have the same eligibility rules for RCA as married couples as long as they meet the immigration requirements for RCA.

• Eligibility for RCA benefits is limited to a maximum of eight months, with the exception of Special Immigrant Visa holders from Afghanistan whose eligibility is limited to a maximum of six months. 

For detailed information see AR 69-200 Refugee Cash Assistance.

Civil Rights Policy

In accordance with the California Department of Social Services Division 21 regulations, DPSS must make every effort to provide all persons with meaningful access to its programs and services. This includes ensuring that the administration of programs and services are nondiscriminatory. Therefore, individuals who are in a same-sex marriage or an RDP must be afforded access to all DPSS programs and services. Reference Civil Rights Memo 15-01.

California RDP

• Certificate of RDP; and 
• Declaration of Domestic Partnership (see sample under the Forms Section).

Same-Sex Marriage

The following document can be used to verify marriage:

• License and Certificate of Marriage.