Santa Clara County Social Services Agency page 1 Date: 08/19/02 References: ORD #0601-13. Cross-References: CalWORKs Update #00-11, RRP and CHEP Update #00-11. Clerical: Handbook Revision: Distribution: Yes Yes CalWORKs Update Distribution List Update 2002-18: CalWORKs RCA/ECA Regulation Changes Background The Refugee Act of 1980 (Public Law 96-212) established the Refugee Resettlement Program to provide financial assistance, medical and social services to refugees in the United States. The California Department of Social Services (CDSS) is responsible for the development and administration of the State Plan for Refugee Cash Assistance and Entrant Cash Assistance (RCA/ECA). As the Refugee Act is amended, the State regulations are issued to the counties for implementation. The RCA/ECA Program follows the CalWORKs Program regulations. The RCA/ECA EXCEPTIONS from CalWORKs are indicated in this Update and Chapters 60 & 61 of the CalWORKs Handbook. The CalWORKs rules and regulations relating to financial eligibility and payments apply to RCA/ECA cases. [See Section 60.9] Changes The changes to the RCA/ECA Program include the following: Compliance Plan The steps for the conciliation process remain the same; however, it is now called a compliance plan. [See Section 61.5] Eligibility Determination The eligibility determination for RCA/ECA clients must be determined as timely as possible, but NO later than thirty (30) calendar days from the date of application. This is a change from the previous forty-five (45) day determination period.
page 2 Update 2002-18: CalWORKs Reminder: It is critical that all cases be approved within 30 days, since eligibility for the RCA/ECA Program is limited to eight (8) months from the applicant s date of entry into the United States. [See Section 60.4] Notices of Action (NOAs) All NOAs All NOAs issued to clients must be provided in the recipient s language, if available. If the NOA is not available in the recipient s language, a verbal translation must be provided. The EW must contact the client by phone to provide the verbal translation. If the client does not have a phone, then the EW must send an appointment notice for the client to come into the office. This information MUST be thoroughly documented on the Contact-Action Summary (SC 163). Approval NOA 100 The Approval NOA must now inform the recipient of their exact eight (8) month time limit for the RCA/ECA Program. The approval NOA has been changed to include the necessary language. Negative Action NOA 077 When a recipient s case is discontinued because they have reached their eight (8) month time limit, the EW must send the appropriate time expired 077 NOA. In addition, the EW MUST review the case to determine potential eligibility for CalWORKS, and/or advise the client to call the General Assistance (GA) Office regarding GA Program information. The time expired NOA has been revised to include the necessary language and the phone number to the GA Office. The phone number is (408) 928-3650. Reminder: The Continuing EW is responsible to review the case for continuing eligibility for the Food Stamp and Medi-Cal Programs, and establish ongoing eligibility as appropriate. Social Security Numbers RCA/ECA applicants must apply for a social security number (SSN). The EW may ask the RCA/ECA applicant to provide his/her SSN; however, submitting the SSN to the Agency is voluntary. The EW must also explain how the SSN will be used (i.e., explain the IEVS process). If the RCA/ECA applicant(s) refuses to provide his/her SSN, the application CANNOT be denied. [See Section 60.5]
Update 2002-18: CalWORKs page 3 Exception: The above does not apply if the applicant is also applying for Food Stamps. [Refer to Food Stamp Handbook Section 6.9] Note: Persons receiving an RCA/ECA payment also receive a full scope Medi-Cal card. Systematic Alien Verification for Entitlements (SAVE) SAVE is not required for the RCA/ECA Program UNLESS the client is also receiving Food Stamps. When the EW is unable to confirm refugee status based on the documentation provided by the RCA/ECA applicant, the SAVE procedures must be followed. [Refer to Common-Place Handbook Sections: Refugee Cash Assistance (RCA) 17.7.2 and Requirements 17.8] Work Participation Requirements The employment and training participation requirements for RCA/ECA applicants/recipients are now the same as in the CalWORKs Program. [Refer to AFDC Handbook, CalWORKs Employment Services Program, page 54-1.] The following changes are now effective for work registration, and employment/training exemption requirements: A person age 60 or older is now exempt, instead of age 65 and older. A person who is working more than 32 hours a week in unsubsidized employment which is expected to last a minimum of 30 days is exempt. This is changed from 30 hours to 32. A woman who is pregnant and provides medical verification that the pregnancy impairs her ability to work or to participate in employment or training related services is exempt. Clarifications The regulations include clarifications to the RCA/ECA Program as follows: Diversion Payments RCA/ECA applicants/recipients are NOT eligible for Diversion Payments. [See Section 60.9.2] Time Eligibility Time eligibility for RCA/ECA is limited to the eight (8) months and is counted beginning with the date of entry (DOE) indicated on the INS Form I-94 with the following EXCEPTIONS: Asylees are eligible for RCA beginning on the date they are GRANTED asylum. It is VERY important that these applications are processed as timely as possible due to the eight (8) month time limitation.
page 4 Update 2002-18: CalWORKs Unaccompanied refugee minors are NOT subject to the time limitation provisions. [See Section 60.3.3] Trafficking Victims will have a certification letter from the Immigration and Naturalization Service (INS) stating their eight (8) month time elgibility. Resources The real and personal property limits (including motor vehicles) for RCA/ECA applicants/recipients are the same as those in the CalWORKs Program with the following EXCEPTIONS: Sponsored noncitizen provisions do NOT apply, and Any resources remaining in the applicant s country of origin will NOT be considered in the eligibility determination process. [See Section 60-206.21] Trafficking Victims Protection Act of 2000 Trafficking Victims are considered to be refugees and are eligible for benefits and services to the same extent as refugees. This information is added to the handbook. [See Section 60.1.1] United States Citizen Children United States (U.S.) born child(ren) having one U.S. born parent and a refugee parent are not eligible for assistance or services funded by the Refugee Resettlement Program (RRP). In these situations, the entire family may be eligible for CalWORKs. [See Section 60.1.3] VOLAGS The VOLAG list of addresses in Santa Clara County is updated. [See Section 60.7.3] Implementation The changes and clarifications included in this Update are effective July 1, 2002. Intake Intake EWs must apply these changes prior to transferring any case out of intake with an application date of July 1, 2002, or later. Continuing Continuing EWs must review cases for applicable changes when processing the next Monthly Eligibility Report (CW 7). EW Supervisors EW Supervisors must review this Update at their next unit meeting, but no later than August 30, 2002.
Update 2002-18: CalWORKs page 5 Data Systems The following NOAs are revised to accommodate the required changes and clarifications. The Approval NOA 100 The Negative Action NOA 077. Forms The state is no longer printing the Employment and Training Requirements Refugee Case Assistance (RCA) (RS 36). This form is being revised and renumbered. In addition, the following forms are also revised and renumbered as follows: Obsolete Form Employment and Training Requirements Refugee Case Assistance (RCA) (RS 36) New Form Employment and Training Requirements Refugee Cash Assistance (RCA) (SC 26) Conciliation Letter (RS 37) Compliance Letter (SC 566) Conciliation Transmittal (RS 38) Compliance Transmittal (SC 568) Refugee Services Information Transmittal (RS 18) Refugee Services Information Transmittal (SC 569) Once these forms become available, a supply will be sent to all District Offices. Obsolete forms must be recycled/destroyed per office policy. Other Programs These changes and clarifications apply only to the RCA/ECA Program. Clerical See Forms above. Kudos Kudos to the CalWORKs Program Committee, Megan Bui from Central Intake Unit, Phaivanh Khowong and Nhu-Hanh Tonnu from ESI, for their assistance in the completion of this handbook material. NELLIE JORGE, DIRECTOR Department of Employment and Benefit Services Contact Person(s): Fran Valdez, Refugee Program Coordinator (408) 491-6700.
page 6 Update 2002-18: CalWORKs
Santa Clara County Social Services Agency page 1 Date: 08/19/02 Filing Instructions for Update 2002-18: CalWORKs RCA/ECA Regulation Changes Remove Replace with Chapter 60, pages 1-28 Chapter 60, pages 1-30 (08/19/02) Chapter 61, pages 1-22 Chapter 61, pages 1-20 (08/19/02)
page 2 Filing Instructions for Update 2002-18: CalWORKs