40-190 COUNTY RESPONSIBILITY

.1 Initiation of Intercounty Transfer An intercounty transfer shall be initiated within seven working days when:

.11 First County or Second County The first county or second county is notified that

is Notified of Move the recipient has moved their permanent residence to another county.

.12 Foster Care Transfer Responsibility for the child welfare services case management function of a child receiving AFDC-FC is transferred from an agency in one county to an agency in another county.

.121 Legal Guardian The child's legal guardian changes his/her county of residence, the first county shall transfer the AFDC-FC case to the second county.

.13 Court Jurisdiction Court jurisdiction for a child receiving AFDC-FC is received by a court that is located in another county.

.14 Non-Minor Dependent Transfer A minor has been receiving aid in his/her caretaker relative's AU from a county other than the county with court jurisdiction over the minor. The non-minor dependent's case shall be transferred to the county with court jurisdiction.

.2 Payment Responsibility There shall be no interruption nor overlap in payment of aid when a recipient moves from one county to another county.

.21 Semi-Annual Reporting Cycle The second county shall establish the recipient's semi-annual reporting cycle which may differ from the first county’s semi-annual reporting cycle, but must remain aligned with the CalFresh recertification date.

.22 General Rule The first county is responsible for continuing eligibility and aid payment during the transfer period.

RECEPTION AND APPLICATION

.23 Transfer of AU Members When a child(ren) moves to the home of a new caretaker relative, who resides in the second county, the first county's responsibility for payment of CalWORKs during the transfer period is as follows:

.231 Creation of New AU When the transfer of a child(ren) results in the creation of a new AU which consists of the transferred child plus one or more applicants for aid, the first county is responsible for eligibility and aid payment during the transfer period. The first county is responsible for adding the applicants to the existing AU in the first county.

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(a) A child receiving CalWORKs from one county, the first county, moves to another county, the second county, to live with his mother. Also in the home are three of the mother's other children. The mother and the other children are unaided, but the mother requests aid for herself and also for these children.

The first county is responsible for eligibility and payment during the transfer period. The mother and children are added to the existing AU in the first county.

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.232 Addition to Existing AU When a transferred child is added to an existing AU which consists of the transferred child and persons currently aided in the second county, the second county is responsible for eligibility and payment for the entire AU. The second county is responsible for adding the transferred persons to the existing AU in the second county.

RECEPTION AND APPLICATION

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(a) A child receiving CalWORKs from the first county moves to a second county to live with his mother, who is receiving CalWORKs from the second county for her three other children. The mother requests aid for the transferred child. The second county becomes responsible for eligibility and payment. The first county discontinues its case with appropriate notice. The second county adds the transferred child to the existing AU in the second county if otherwise eligible. There is no break in aid for the transferred child.

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.24 Intraprogram Status Change When an intraprogram status change occurs during the transfer period, the first county is responsible for determining continuing eligibility and the aid payment until the end of the transfer period.

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.241 If the intraprogram status change is from medically needy to cash grant status, see Sections 40-125.3 and 40-183.5 for county responsibility for determination of eligibility and payment of aid. Also, see medi-Cal Eligibility Manual Section 50136 for county responsibility for continued Medi-Cal eligibility.

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.25 Expiration of Transfer Period Upon the expiration of the transfer period, the second county is responsible for the payment of aid.

.3 Exceptions to Payment Responsibility The following are exceptions to the payment responsibilities rule specified in Section 40-190.2.

.31 Request for Homeless Assistance When an AU requests homeless assistance, see Section 44-211.515.

RECEPTION AND APPLICATION

.32 Foster Care Placement No intercounty transfer is necessary when the first county places a child in a second county. The first county continues to be responsible for payment of aid.

.4 Discontinuance During Transfer Period Responsibility of the first county ceases when payment of aid is discontinued during the transfer period.

.5 Overpayment Adjustment During When the grant has been reduced to recoup an

Transfer Period overpayment:

.51 First County If the overpayment adjustment will continue beyond the transfer period, then the first county shall transmit the current repayment record and notify the second county to continue the overpayment adjustment upon expiration of the transfer period.

.52 Second County When the intercounty transfer is completed, the second county shall continue to recoup the overpayment by grant adjustment until:

.521 Repaid in full The overpayment is repaid in full, or

.522 Intercounty Transfer The recipient moves to a subsequent county and, pursuant to an intercounty transfer, that county assumes responsibility for collection of the overpayment, or

.523 Aid is Discontinued Payment of aid is discontinued, at which time the second county is responsible for recouping the balance of the overpayment through appropriate collection procedures.

.53 Retain Collections Regardless of where the overpayment originated, the county that collects the overpayment will retain the amount collected and receive any collection incentives.

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See Sections 44-351 and 44-352, overpayment recovery and recoupment.

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RECEPTION AND APPLICATION

.6 Redetermination When the recipient moves during either

of the last two months of the redetermination period, the second county shall be responsible for completing the redetermination. By mutual agreement of the counties involved, the redetermination may be completed by the first county with the recipient.

.7 Periodic Report When the recipient moves during either of the last two months of the semi-annual period, the second county shall be responsible for processing the SAR 7. By mutual agreement of the counties involved, the SAR 7 may be processed by the first county.

NOTE: Authority cited: Sections 10553, 10554, 10604, 11102, and 11369, Welfare and Institutions Code. Reference: Sections 10003(a), (b), (c), and (d), 10553, 10554, 10604, 11004, 11265.1, and 11403(b), Welfare and Institutions Code; Federal Register, Vol. 75, No. 19, dated January 29, 2010, pages 4928 and 4929 [7 CFR 273.12(a)(1)(vii)].

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RECEPTION AND APPLICATION