42-302 60-MONTH TIME LIMIT REQUIREMENTS FOR ADULTS

(a) The need to care for an ill or incapacitated person residing in the home, and the caretaking responsibilities impair the individual's ability to be regularly employed or to participate in welfare-to-work activities.

(b) Being a nonparent caretaker of either a dependent child of the court, a Kin-GAP child, or, as determined by the county, a child who is at risk of placement in foster care. For this exemption to apply, the county must also determine that the caretaking responsibilities are beyond those considered normal day-to-day parenting responsibilities so that they impair the individual's ability to be regularly employed or to participate in the welfare-to-work activities.

.113 Disabled

The individual is receiving benefits from State Disability Insurance, Worker's Compensation Temporary Disability Insurance, In-Home Supportive Services, or the State Supplementary Program, and the disability significantly impairs their ability to be employed on a regular basis or to participate in welfare-to-work activities.

.114 Unable to Maintain Employment or Participate

The county determines that the individual is not able to maintain employment or to participate in welfare-to-work activities, based on a current assessment of the individual as specified in MPP Section 42-302.114(b), and the county’s finding that the individual has a history of participation and full cooperation in welfare-to-work activities.

(a) An individual shall be found to have a history of participation and full cooperation in welfare-to-work activities if the individual meets the criteria in Section 42-302.114(a)(1) or (a)(2):

(1) The recipient has not failed to meet satisfactory participation, attendance, and progress requirements, without good cause, as evidenced by the absence of an instance or instances of noncompliance that resulted in a welfare-to-work financial sanction during the time an individual was a mandatory welfare-to-work participant.

(A) For purposes of this section, a sanction received while the individual was a volunteer in the CalWORKs welfare-to-work program pursuant to MPP Section 42-712.51, or an aid recipient in another state shall not be considered a welfare-to-work sanction.

NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

(2) The recipient has an instance or instances of noncompliance that resulted in a welfare-to-work sanction or sanctions; however, the individual has also maintained a sustained period or periods of welfare-to-work participation despite the presence of an impairment or combination of impairments, as determined pursuant to MPP Sections 42-711.56, 42-711.57, or 42-711.58, including domestic abuse, as determined pursuant to MPP Section 42-715.

(A) For purposes of this section, six months, or two or more periods of welfare-to-work participation within a consecutive 24-month period, including participation in orientation/appraisal, job search, assessment/evaluations, and post-assessment activities, that total six-months or more shall be considered a sustained period.

(B) For purposes of this section, an impairment is one not so severe that it meets the welfare-to-work exemption or waiver requirements in MPP Sections 42-712.44 or 42-715, respectively, but nevertheless limits an individual’s ability to perform the physical and/or mental functions necessary to maintain employment or participate in welfare-to-work activities.

(b) Upon the county’s determination that the individual has a history of participation and full cooperation in welfare-to-work, the county shall assess the individual’s current ability to maintain employment or participate in welfare-to-work activities.

(1) For purposes of this section, an individual who is fully participating in their welfare-to-work assignment upon reaching the 60-month time limit shall be considered able to maintain employment or participation unless the individual’s required welfare-to-work activity has been modified in accordance with MPP Section 42302.114(b)(2)(B).

(A) For purposes of this section an individual is fully participating if they are meeting their 20, 30, or 35 hours of participation requirement or successfully participating in unsubsidized employment and/or other welfare-to-work activities for the number of hours an appropriate activity is reasonably available.

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HANDBOOK BEGINS HERE

Example of an individual who is able to maintain employment and is participating for less than the required 20, 30, or 35 hours per week: Due to a business slowdown, a recipient, who has received 58 countable months of aid, had their hours of unsubsidized employment reduced from 38 hours to 25 hours per week. Another appropriate welfare-to-work activity including, but not limited to job search, that would allow a recipient to meet the 20, 30, or 35-hour per week participation requirement and is consistent with their plan, does not become available before the recipient reaches her 60-month time limit. Although the recipient is not participating for the required number of hours, they are not subject to a sanction and are considered able to maintain employment.

Example of an individual who may be considered incapable of work and is participating for the required 20, 30, or 35 hours per week through a modification of their welfare-to-work activities:

A recipient has a documented physical impairment, chronic back pain following surgical treatment for a back injury, and history of substance abuse. Upon reaching their 60-month time limit, the recipient’s welfare-to-work participation consists of substance abuse treatment, pain management classes, and community service as a clerical assistant.

HANDBOOK ENDS HERE

(2) The county’s determination that an individual is incapable of maintaining employment or participating in welfare-to-work activities shall be based upon, but not limited to, any of the following criteria:

(A) The individual has a documented impairment or combination of impairments, as specified in MPP Section 42302.114(a)(2), that is of such severity that the individual is incapable of successfully maintaining employment or participation in welfare-to-work activities for 20 or more hours per week.

(B) The individual has a documented impairment as specified in MPP Section 42-302.114(a)(2), and is maintaining their participation in welfare-to-work activities only through a significant modification of the individual’s welfare-to-work activities.

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1. For purposes of this section, a significant modification includes but is not limited to: mental health counseling; substance abuse treatment; domestic abuse services; a supported work environment, which is characterized by close supervision, graduated performance expectations, and peer support; or additional time to complete an activity.

(C) The individual has a documented impairment or combination of impairments, as specified in MPP Section 42302.114(a)(2), and due to local labor market conditions there is a lack of employers that could reasonably accommodate the individual’s physical and/or mental limitations.

(c) Individuals that are determined to be incapable of maintaining employment shall have their condition reviewed at least once every 12 months, unless the disabling condition or conditions is expected to improve at an earlier date. For individuals with a learning disability, which was documented pursuant to MPP Section 42-711.58, the county shall review the individual’s employment status and the impact of any newly-developed coping skills, strategies, and accommodations on the individual’s ability to maintain employment, ability to cope with their impairment and shall not require a reevaluation of the learning disability.

.115 Unaided

The individual is excluded from the AU for reasons other than exceeding the time limit.

.12 Domestic Abuse Waiver

When an individual has been aided as an adult for 60 months, aid may continue for that adult when the individual is a victim of domestic abuse and the county has determined that good cause exists for waiving the 60-month time limit. See Section 42-713.22. A victim of domestic abuse may be granted this waiver independent of whether other adults in the home meet an exception/time limit extender specified in Section 42 302.11.

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.2 Counting the 60-Month Limit

Any month or partial month in which an adult is included in an AU that receives a cash grant, including Special Needs (see Section 44-211), shall count for the purposes of the 60-month time limit, except as provided in Sections 42-302.21 (Exempt Months) and 42-302.22 (Diversion Count).

Any overpayment month, (an entire month of aid in which the recipient was not entitled to cash aid), that is fully repaid shall not count for the purposes of the 60-month time limit.

.21 Exempt Months

Any month in which any of the following conditions exist for any period during the month shall not count toward the 60-month limit as specified:

(a) Disability

The individual is exempt from welfare-to-work participation requirements due to a verified disability that is expected to last at least 30 days.

(b) Providing Care

The individual is exempt from welfare-to-work participation requirements due to:

(1) The need to care for an ill or incapacitated person residing in the home, and the caretaking responsibilities impair the individual's ability to be regularly employed or to participate in welfare-to-work activities.

(2) Being the nonparent caretaker of either a dependent child of the court, a Kin-GAP child, or, as determined by the county, a child who is at risk of placement in foster care. For this exemption to apply, the county must also determine that the caretaking responsibilities are beyond those considered normal day-to-day parenting responsibilities so that they impair the individual's ability to be regularly employed or to participate in the welfare-to-work activities.

(3) Being the parent or other relative who has primary responsibility for personally providing care to one child who is from 12 to 23 months of age, inclusive, or two or more children who are under six years of age. This paragraph was effective July 28, 2009 and became inoperative on January 1, 2013.

(A) An individual whose exemption ended on January 1, 2013, pursuant to Section 42-302.21(b)(3) shall not have months count toward their CalWORKs 60-month time limit until the CWD reengages them in the Welfare-to-Work Program pursuant to Section 42-712.8.

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Regulations GENERAL TIME LIMIT REQUIREMENTS 42-302 (Cont)

(4) Being the parent or other relative who has primary responsibility for personally providing care to one child from birth to 23 months, inclusive. An individual shall be eligible for this 60-month time limit exemption only one time under the CalWORKs Program. This paragraph is effective January 1, 2013. See Section 42-712.475.

(c) Domestic Abuse

The individual is a victim of domestic abuse and the county has determined that good cause exists for waiving the 60-month time limit. See Section 42-713.22.

(d) Teen Program

The individual is eligible for, participating in, or exempt from Cal-Learn or another teen parent program approved by the CDSS. The exemption does not apply to an individual who is 19 years of age and is eligible for voluntary participation if the individual chooses not to participate in Cal-Learn.

(e) Non-minor dependent

The individual is exempt from welfare-to-work participation due to eligibility as a non-minor dependent.

(f) Advanced Age

The individual is exempt from welfare-to-work participation requirements due to being 60 years of age or older.

(g) Unaided

The individual is excluded from the AU for reasons other than exceeding the time limit.

(h) Aid is Reimbursed

The cash aid is fully reimbursed as a result of child support collection whether collected in that month or any subsequent month.

(1) Process for Reimbursement of Months of Aid for Exemption

All assigned child support payments, including collections in a current month, arrears, and lump sum payments collected to reimburse aid in California from January 1998 forward, shall be applied cumulatively to repay aid payments in the following order:

NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

(A) The cumulative child support recoupment will be applied to each month of aid beginning with the earliest unreimbursed month of aid, on or after January 1998, and moving forward as each month of aid is fully reimbursed.

(B) Recoupment, as provided by the local child support agency, is all child support that has been assigned and collected to repay aid. Beginning October 1998, this includes the disregard payments pursuant to MPP Section 12-425(c)(1)(B).

(C) Each month of aid that is fully reimbursed by child support shall be exempt and not counted toward the CalWORKs 60-month time limit of parents, aided stepparents, and/or aided caretaker relatives residing in the home of the child(ren.)

(D) The child support recoupment shall be applied to all months of aid whether or not the month had been previously exempted for any reason, including any month(s) exempt because the individual was unaided for any reason, including a sanction.

(E) The child support recoupment will be reviewed to determine if the cumulative amount is sufficient to reimburse and exempt a monthly grant amount. Any child support that remains but is insufficient to fully reimburse a monthly grant, whether collected in the current month or for a previous period of time, shall be carried forward and used for any subsequent unreimbursed month(s) of aid.

(F) The recipient shall be informed of the exempt months due to child support recoupment pursuant to MPP Sections 40-107(a)(4)(A) through (a)(4)(J).

(G) Information regarding the balance of child support recoupment and the number of months exempt due to the child support recoupment must be reported to any subsequent county(ies) to continue reimbursement of the subsequent months of aid.

(i) Living in Indian Country

The individual lived in Indian country, as defined by federal law, or an Alaskan Native Village, in which at least 50 percent of the adults living in the Indian country or in the village are not employed.

(1) Counties shall obtain the required information on unemployment rates through the governing body of each tribal land.

NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

(j) Receiving Supportive Services

The individual is a former recipient of cash aid and is only receiving child care, case management or supportive services.

(k) Grant Amounts Less Than $10

The recipient does not receive a cash aid payment for the month because the grant amount is less than $10. See Section 44-315.5.

(l) Lack of Necessary Supportive Services

The individual was excused from participation for good cause due to lack of necessary supportive services, as specified in Section 42-713.21. This paragraph was effective July 28, 2009 and became inoperative on January 1, 2013.

(m) COVID-19 Good Cause

The individual was eligible for the COVID-19 good cause time limit exemption that was granted to families during the State of Emergency as a result of the COVID-19 pandemic. This paragraph was effective March 4, 2020 and became inoperative on May 1, 2022.

(1) The individual is eligible from March 2, 2020 to June 30, 2021, if they had time remaining on their CalWORKs time clock and they did not exceed the TANF time limit. Exceeding the TANF time limit is defined as having received 61 or more countable months of TANF assistance.

(2) The individual is eligible from July 1, 2021 to April 30, 2022, if they did not exhaust the CalWORKs time limit. For the purposes of this this exemption, exhausting the CalWORKs time limit is defined as having received 48 or more countable months of CalWORKs aid.

.22 Diversion Count

Diversion payments as set forth in Section 81-215 count toward the 60-month time limit unless they are recouped as provided in Section 42-302.223(a) or unless part or all of the diversion period is exempt as provided in Section 42-302.21 et seq. Count the months as follows:

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.221 Diversion Payment Month

The month in which a lump sum diversion payment is made counts as one month toward the 60-month time limit unless the diversion recipient applies for CalWORKs cash aid during the diversion period, as specified in Section 81-215.41, and is determined to be eligible for CalWORKs. In that case, the diversion payment is treated in accordance with Section 42-302.223.

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.222 A recipient receives a diversion lump sum payment of $3,200 in March. The month of March counts toward the 60-month time limit. The recipient's Region 2, NonExempt MAP amount is $975. This results in a diversion period of three months for the months of March, April, and May. The recipient does not apply for CalWORKs cash aid during the diversion period. The recipient reapplies in September and receives another diversion payment of $1,600 in September. The months of March and September both count toward the 60-month time limit.

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.223 Reapplies for CalWORKs During Diversion Period

If the diversion recipient applies for cash aid during the diversion period and is determined eligible, the recipient shall have the option to:

(a) Have the diversion payment recouped from the CalWORKs cash aid; or

(b) Count the diversion payment toward the 60-month time limit.

(1) The number of months counted toward the 60-month time limit is calculated by dividing the total diversion payment by the MAP for the apparently eligible AU at the time the diversion payment was made. The month(s) resulting from this calculation, less any partial month, is (are) counted toward the 60-month limit. Do not count the initial month (as counted pursuant to Section 42-302.221) twice.

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.224 A recipient with a Region 2, Non-Exempt MAP of $975 received a lump sum diversion payment in the amount of $3,200 in March. The recipient returns to the county in May (within the diversion period), is determined eligible for CalWORKs cash aid, and opts not to have the $3,200 diversion payment recouped from the CalWORKs cash aid. The diversion payment equates to 3.3 months of aid. The partial month is dropped, and the recipient has a total of three months (March, April, and May) counted toward the 60-month time limit.

.225 A recipient with a Region 2, Non-Exempt MAP of $975 receives a diversion lump sum payment of $200 on March 2. The recipient reapplies for CalWORKs cash aid in the same month and is determined eligible. The month of March counts as one month toward the 60-month limit because the recipient received CalWORKs aid.

HANDBOOK ENDS HERE

.3 Requesting Exemptions/Exceptions

An applicant or a recipient can request an exemption/exception verbally or in writing. When a recipient states that they meet a condition that qualifies as an exemption to the 60-month time limit, as specified in MPP Sections 42-712 and 42-302.21 or an exception to the 60-month time limit as specified in 42-302.11, the county shall document the request and provide the recipient with an exemption/exception request form, if necessary to complete the request.

(a) A completed exemption/exception request by the applicant/recipient can be a verbal request if all required information to make a determination on the request is available to the county.

(b) Exemptions/exceptions that do not require a written or verbal request include, but are not limited to, 60 years of age or older, aid reimbursed by child support collected, grant amounts less than $10, and receiving only supportive services.

.31 Exemption/ Exception Request Form

The form to request an exemption or exception shall include, but is not limited to, the following:

(a) A description of the exemptions to the CalWORKs 60-month time limit, provided in MPP Section 42-302.21, and a description of the 60-month time limit exceptions, provided in MPP Section 42-302.11.

(b) A statement that the individual may need to provide documentation to substantiate some exemptions/exceptions.

(c) A statement of exemptions from the time limit that do not require a written request.

NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

(d) A statement that the individual will be informed, in writing, whether the exemption/exception is granted or not and the reason if the exemption/exception is denied.

(e) A statement that the individual may request a State hearing to appeal a denial of an exemption/exception request.

.32 Exemption/Exception Determination

The county shall inform the individual, in writing, of the exemption/exception determination no later than 15 calendar days from the date of completed request for an exemption/exception pursuant to Section 42-302.3. The specified response time may be exceeded in situations where completion of the determination is delayed because of circumstances beyond the control of the county, in which instances the case record must specify the cause for delay. These instances include:

(a) Inability on the part of the recipient to provide the necessary verification.

(b) Delay on the part of an examining physician to provide the necessary information.

.33 Documentation of Exemption/Exception

The county shall first research all available and relevant case records before requesting additional verification from the recipient. Pursuant to MPP Section 40-107(a), the county shall assist the applicant/recipient in obtaining the necessary records to verify the exemption/exception.

.34 Determination Notice

The notice of action approving or denying a request for an exemption or exception shall state whether the request was granted or denied and if denied, the reason for the denial.

(a) Repealed by Manual Letter No. EAS-03-04, effective 4/9/03.

(b) Repealed by Manual Letter No. EAS-03-04, effective 4/9/03.

(c) Repealed by Manual Letter No. EAS-03-04, effective 4/9/03.

NOTE: Authority cited: Sections 10553, 10554, and 11369, Welfare and Institutions Code. Reference: Sections 10553, 10554, 11253.3(a), 11266.5, 11320, 11320.3, 11450, 11454, 11454.5, and 11495.1, Welfare and Institutions Code; Section 37 of AB 444 (Chapter 1022, Statutes of 2002); AB 128 (Chapter 21, Statutes of 2021), Provision 5180-101-001, Provision 18; 42 U.S.C. 608(a)(7)(a), (B) and (D); 45 CFR 261.31, 261.32 and 286.115(d)(3); and Executive Orders N-29-20, N-69-20, and N 75-20.

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RESIDENCE

TABLE OF CONTENTS

CHAPTER 42-400 RESIDENCE

Section

Residence. 42-400

State Residence for Eligibility 42-401

Residence - General 42-403

Definition of Residence .1

Duration of Residence .2

Program Requirements .3

Rights and Responsibilities of Applicants or Recipients 42-405

Rights of Residence Location .1

Informing County of Residence Changes .2

County Welfare Department Responsibility 42-406

Evidence of Residence Intention 42-407

Applicant or Recipient Physically Present in State .1

Absence from the State .2

Persons Incapable of Changing Residence 42-412

Deprived of Freedom of Movement .1

Guardian or Conservator .2

Persons on Parole 42-416

Persons Living on Land Leased or Owned by the United States 42-417

Recipients from Other States 42-421

California Recipients Moving to Other States 42-422

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RESIDENCE

TABLE OF CONTENTS (Continued)

CHAPTER 42-400 RESIDENCE

Section

Notification to Apply in Another State 42-423

Applications by Recipients in Other States 42-424

Citizenship and Noncitizen Status 42-430

Eligibility Requirements 42-431

Proof of Citizenship or Eligible Noncitizen Status 42-433

Cooperation .1

Documentation - U.S. Citizens .2

Documentation - Noncitizen .3

Lack of Documentation .4

Receipt of G-845S from USCIS .5

Language Fluency 42-435

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CHAPTER 42-400 RESIDENCE