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Calworks: a Comprehensive Guide to Welfare and Related Medi-Cal Issues for California Families

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Calworks: a Comprehensive Guide to Welfare and Related Medi-Cal Issues for California Families CalWORKs: A Comprehensive Guide to Welfare and Related Medi-Cal Issues for California Families DORA LUNA NU USAHA Editors 3701 Wilshire Boulevard, Suite 208 Los Angeles, California 90010 (213) 487-7211 www.wclp.org WINTER 2009 (fourth edition) © 2009 Western Center on Law & Poverty Acknowledgments This version of the CalWORKs manual is the result of many peoples’ work: Western Center attorneys Nu Usaha, Dick Rothschild, Robert Newman each wrote chapters, as did Neighborhood Legal Services of Los Angeles County attorney Dora Luna. Jodie Berger of Legal Services of Northern California wrote Chapter VI; Curt Child of the Office of Governmental Affairs at the Administrative Office of the Courts wrote Chapter X on Child Support; Eve Hershcopf of the Child Care Law Center collaborated with Dora Luna to re- write Chapter VII on Child Care; Minouche Kandel of Bay Area Legal Aid revised the domestic abuse sections of various chapters; and Vanessa Lee of Neighborhood Legal Services of Los Angeles County revised sections on foster care issues. The original (1998) version of this manual was edited by former Western Center advocates Clare Pastore and Paula Gaber, and was modeled on “Mastering the Maze,” a comprehensive guide to the AFDC program created by former Western Center advocates Kate Meiss and Beth Steckler. We gratefully acknowledge the help of many others in editing and suggesting changes to the manual, especially Jodie Berger of Legal Services of Northern California, Minouche Kandel and Ariella Hyman of Bay Area Legal Aid, Leora Gershezon of the Assembly Judiciary Committee, Hope Nakamura of the Legal Aid Society of San Mateo, Stephen Goldberg of Legal Services of Northern California, Laurel Blankenship of Legal Services of Northern California, and Abby McClelland of Neighborhood Legal Services of Los Angeles County. Special thanks to the following individuals who volunteered to cite-check most chapters in this manual: Esther Kim,Vanjo Lickhalter, Andrew Stanger, and Ian Wang of Kirkland & Ellis, LLP; and Veronica Cerruti, Sarah Fergusson, Jaime Heller, Kimberly Kerry, Amanda Knudsen, Amy Rooker, Jerald Sharum, Tatiana Small, Erin Stagg, Alison White, and Jean Yu of Manatt, Phelps & Phillips, LLP. The administrative support of Marvin Katzoff of Quinn Emanuel, as well as that of Denise Williamson and Arlene Black of the Western Center, was indispensable. We thank the Equal Access Fund for the grant to assist us in distributing this manual. Dora Luna Nu Usaha Editors Summary of Contents - (See Following Pages for Detailed Table of Contents) Chapter I: Introduction Chapter II: What Kinds of People Can Get CalWORKs – Categorical Eligibility and Time Limits Chapter III: Determining If a Family Is Needy Enough to Get CalWORKs: Financial Eligibility Chapter IV: Benefits for CalWORKs Families Chapter V: How to Calculate a CalWORKs Grant Chapter VI: Work Requirements, Work-Related Sanctions, and Supportive Services Chapter VII: Child Care For Current And Former CalWORKs Recipients Chapter VIII: The Cal-Learn Program for Pregnant and Parenting Teens Chapter IX: How Does a Family Apply For And Keep Getting CalWORKs? Chapter X: Child Support Rights and Responsibilities Under CalWORK Chapter XI: Overpayments and Underpayments Chapter XII: Prohibitions on Aid, Intentional Program Violations, And Welfare Fraud Chapter XIII: Administrative Appeals and Fair Hearings Chapter XIV: Going to Court: Section 1094.5 And 1085 Welfare Writs Appendices - (See Table of Contents page 26 for Detailed Listings of Appendix Materials) Section A: Federal Welfare Reform Section B: Applying for CalWORKs Section C: CalWORKs (General) Section D: Grant Levels Section E: Special Needs Section F: Welfare-To-Work Requirements Section G: Child Care Section H: Child Support Section I: Domestic Abuse Section J: Immigrant Issues Winter 2009 • Western Center on Law and Poverty • Summary of Contents Table of Contents Chapter I: Introduction PAGE A. How to Use This Manual. ........................................................................................... I-1 1. Table of Contents and Summary of Contents. ................................................ I-1 2. Abbreviations Used in This Manual. .............................................................. I-1 B. Brief Summary of Federal Welfare Developments. ................................................... I-4 C. Overview of the CalWORKs Program. ...................................................................... I-8 D. Administration of CalWORKs: Who’s Who in the Zoo. ......................................... I-13 E. Building a Welfare Library and Staying in the Welfare Information Loop. ............ I-14 1. Federal resources. ......................................................................................... I-14 2. State resources. ............................................................................................. I-14 3. Court Decisions. ............................................................................................ I-16 4. Obtaining a Welfare Library. ........................................................................ I-16 5. Using the Internet. ......................................................................................... I-16 F. Getting Help With Questions. ................................................................................... I-16 G. Caveats Regarding This Manual. .............................................................................. I-19 Chapter II: What Kinds of People Can Get CalWORKs - Categorical Eligibility and Time Limits A. Eligibility Overview...................................................................................................II-1 B. Deprivation. ...............................................................................................................II-2 1. Single-Parent Families. ..................................................................................II-2 2. Two-Parent Families. .....................................................................................II-3 a. Incapacity of at Least One of the Parents. .........................................II-3 b. The Unemployment of the Breadwinner. ...........................................II-5 i. Who is the Principal Wage Earner? .......................................II-6 ii. What Other Requirements or Limitations Are There on CalWORKs for Unemployed Families? ................................II-7 Winter 2009 • Western Center on Law and Poverty • Table of Contents - 1 Chapter II: What Kinds of People Can Get CalWORKs - Categorical Eligibility and Time Limits continued PAGE (a) Strikers Are Not Eligible. ..........................................II-7 (b) Four Week Look Back Period. ...................................II-7 (c) The PWE Must Register with EDD. ..........................II-8 (d) Old Requirements That Were Eliminated. .................II-8 c. What Happens When Deprivation Ceases? .......................................II-8 C. Age, Residence and Citizenship. ...............................................................................II-9 1. Age. ................................................................................................................II-9 2. A Word About Teen Parents. .......................................................................II-10 3. Residence. ....................................................................................................II-11 a. Temporary Absence. ........................................................................II-11 4. Immigration Restrictions. ............................................................................II-12 a. Acceptable Immigration Status. .......................................................II-12 i. Citizen Children of Non-Citizens with Unacceptable Immigration Status Are Eligible for CalWORKs. ...............II-16 ii. Reporting of Immigrants with Unacceptable Immigration Status to the USCIS. ............................................................II-16 b. Unacceptable Immigration Status. ...................................................II-17 c. Sponsored Immigrants. ....................................................................II-17 D. Persons Convicted of Drug-Related Felonies and Persons Fleeing Parole Are Not Eligible. ....................................................................................................................II-19 1. Persons Convicted of Drug-Related Felonies. .............................................II-19 2. Fleeing Felons and Parole or Probation Violators. ......................................II-20 3. Conditions That Apply to All. .....................................................................II-20 E. Other Requirements. ................................................................................................II-20 1. Immunizations..............................................................................................II-21 a. How Long Do Caretakers and Parents Have to Verify That They Have Satisfied This Requirement? ...................................................II-22 Winter 2009 • Western Center on Law and Poverty • Table of Contents - 2 Chapter II: What Kinds of People Can Get CalWORKs - Categorical Eligibility and Time Limits continued PAGE b. What Happens If the Family Does Not Comply? ............................II-22 c. Which Families Are Exempt From This Requirement? ..................II-23 2. School Attendance. ......................................................................................II-24
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