Table of Contents For Calworks Chapter: Eligible Child: Shasta County Calworks Handbook

Shasta County
CalWORKs Handbook
Section: Eligible Child
Issue Date: 06.18.2014
Program Development and Support

Page 1 of 12
Table of Contents for CalWORKs Chapter:

Eligible Child
REQUIREMENTS 42-101, 44-314, 80-300..............................................................................2
Rule...................................................................................................................................................2
Age Requirement.........................................................................................................................2
SSI/SSP Children...........................................................................................................................2
MFG Children.................................................................................................................................3
Married Minor (Children Under 18 Years of Age)..............................................................3
AGE VERIFICATION 42-111.......................................................................................................3
Verification......................................................................................................................................3
Vital Statistics................................................................................................................................4
FRY v. SAENZ ACL 04-33, ACL 04-50......................................................................................4
Background....................................................................................................................................4
Disability Criteria.........................................................................................................................4
Verifications...................................................................................................................................5
Discontinuances and Grant Reductions..............................................................................5
Worker Process.............................................................................................................................6
TEENS TURNING 18 ACL 01-77.................................................................................................7
Eligibility for 18 Year Olds.........................................................................................................7
Teens Without Children..............................................................................................................7
Pregnant or Parenting Teens....................................................................................................7
Informing Notice...........................................................................................................................8
Seamless Determination of Eligibility..................................................................................8
Underpayment for Pregnant/ Parenting Teens Erroneously Terminated at Age
18.......................................................................................................................................................9
Overpayment Recovery.............................................................................................................9
Time Limits..................................................................................................................................10
CW Handbook Chapter 1
Page 1
Shasta County
CalWORKs Handbook
REQUIREMENTS
Rule

Page 2 of 12
42-101, 44-314,
80-300
An eligible child is:

A member of an income-eligible AU (assistance unit), who is
Deprived of parental support or care, and
Meets the age requirement, and
Lives in the home of a caretaker relative, and
Meets other eligibility criteria
An eligible child may be:
A pregnant minor or minor mother who qualifies as a child
The minor father of a child or unborn who qualifies as a
child
Married
Note: An unborn is not an eligible child
Age
Require
ment
A child meets the age requirement for CalWORKs eligibility until

his/her 18th birthday.
Children under six must have received all age-appropriate

immunizations
Children ages six through 17 must be regularly attending
school
o If the child is under 18 years old and has graduated
from High School, they are eligible to CalWORKs
through the month they turn 18 years old
An 18-year old is eligible only if they are:
o A full time student, regularly attending, high school
or the equivalent level of a vocational or technical
program which cannot result in a college degree,
and
o Expected to complete the program (graduate)
before reaching age 19. or
o Considered disabled under the Fry v. Saenz Lawsuit
Page 2
Shasta County
CalWORKs Handbook

Page 3 of 12
SSI/SSP
Children
A Supplemental Security Income/State Supplementary Payment

(SSI/SSP) child:
Is not eligible for CalWORKs
Can be the basis for establishing an AU when there is no
other eligible child (ren). The SSI/SSP child must meet the
age requirement, have deprivation and the AU must be
otherwise eligible
MFG
Children
A Maximum Family Grant (MFG) child:

Is not included in the FAMILY or AU size for the purpose of
determining the Maximum Aid Payment (MAP)
Is a recipient of aid and is included in the Minimum Basic
Standard of Adequate Care (MBSAC) if deprivation exists
Can be the basis for establishing an AU when there is no
other eligible child(ren) (same as the SSI/SSP child);
except the MFG child is considered part of the AU whose
needs are not met
Married
Minor
(Childre
n Under
18 Years
of Age)
A married minor child meets the age requirement for CalWORKs

eligibility until his/her 18th birthday and must be included in
his/her parents case, as long as the parent is exercising the
responsibility of care and control of the child and the child lives
in the home of the parent.
If the married child and his/her spouse have no children in
common, and the spouse of the child has income, the spouse is
included in the Family MAP but not in the AU. Income of that
spouse is used to meet the needs of the family. If the spouse
has no income, then the spouse is NOT included in either the
Family MAP or the AU.
AGE VERIFICATION
Verification
42-111
The age of all children in the AU must be verified before

granting aid. Acceptable evidence of a childs age includes, but
is not limited to the following:
Birth certificate or hospital, physician or midwife birth
Page 3
Shasta County
CalWORKs Handbook
Vital
Statistic
s

Page 4 of 12
records (original or certified copy)

Baptismal certificate or church record of baptism
Confirmation papers or church record of confirmation
School records
Indian agency records (if applicable)
Immigration
papers
or
governmental
record
of
immigration
Naturalization papers or governmental record of
immigration
Adoption decree
Passport
State or Federal census record
Affidavit of an adult based on personal knowledge.
Affidavit must include statements of the circumstances
upon which the affiants knowledge is based
Entries in a family Bible or other genealogical record
Search of county records
If the client is unable to provide verification and has exhausted

all possible resources, the worker can request verification of a
Birth, Death, Marriage, or Divorce Certificate by completing the
Vital Statistics Form (DSS 8004), available on the Intranet, in the
DLS.
If the Birth Certificates are stamped For Official Governmental
Use Only, the original certificate must remain in the case file.
FRY v. SAENZ
Background
ACL 04-33 &

ACL 04-50
Fry v. Saenz Lawsuit challenged the state regulations that said

18 year olds who are not expected to graduate before age 19
are ineligible to CalWORKs. The lawsuit claimed this provision
violates the Americans with Disabilities Act because it
discriminates against recipients who would not graduate before
age 19 due to a disability. 18 year olds that meet the below
criteria are considered eligible children.
Page 4
Shasta County
CalWORKs Handbook
Disability
Criteria

Page 5 of 12
Children are determined disabled if the child is:
Currently receiving or has received SSI/SSP in the past, or
Currently receiving or has received in the past services

through a Regional Center Program pursuant to the
Lanterman Act, or
Currently receiving or has received in the past services at

school in accordance with their Individual Education Plan
(IEP) or under/pursuant to Section 504 of the
Rehabilitation Act (e.g., Section 504 Plan or Section 504
Accommodation Plan)
Lanterman Act
The Lanterman Developmental Disabilities Services Act
(Lanterman Act) is part of California law that sets out the rights
and responsibilities of persons with developmental disabilities,
and creates the agencies, including regional centers,
responsible for planning and coordinating services and supports
for persons with developmental disabilities and their families.
Individual Education Plans (IEP)

An IEP is a written plan describing the special education
program and/or services required by a particular student. It
identifies learning expectations modified from or alternative to
the expectations given in the curriculum policy document for
the appropriate grade and subject or course, and/or any
accommodations and special education services needed to
assist the student in achieving his or her learning expectations.
Section 504 of the Rehabilitation Act
Section 504 is a civil rights law. Section 504 prohibits
discrimination against individuals with disabilities, ensuring the
child with a disability has equal access to an education. The
child may receive accommodations and modifications.
Page 5
Shasta County
CalWORKs Handbook
Verifications

Page 6 of 12
Parent/Caretaker Relative must provide the county with

verification or assist the county with obtaining verification of:
Full time attendance in school (Required School Attendance

Verification VER 102 CIV)
Disability
o Current or prior receipt of SSI/SSP (i.e., Social Security
Award Letter, MEDS)
o Current or prior receipt of services from Regional Center
or school program (i.e., copy of childs IEP or Section
504 Plan)
When a childs disability cannot be verified by the criteria

described above, the parent(s)/caretaker relative can provide
independent verification of a current or past disability by a
health care provider or a trained, qualified learning disabilities
evaluation professional. The worker may also use the CW61
Medical Report to obtain information to verify the childs
disability.
Discontinuan
ces and
Grant
Reductio
ns
When it is determined the 18-year old does not meet the

standards for being considered disabled, the worker shall
discontinue the AU or decrease the grant following SemiAnnual Reporting requirements. If the parent(s)/caretaker fails
to cooperate with the County in providing requested
verification and the disability status under Fry v. Saenz cannot
be determined, discontinue or reduce the grant following SemiAnnual Reporting requirements.
Worker
Process
For Active Continuing Cases identified under Fry v. Saenz
Verify a current School Attendance Verification Form is on

file
For cases that contain either, a 17 year old turning 18 or

an 18 year old, that is not going to graduate before their
19th birthday, the worker must inform the client of the Fry
court case information needed from the client to verify
whether or not the 18-year old meets the disability criteria
set forth in the Fry v. Saenz regulations. Send Fry v. Saenz
flyer and give client 10 days verification checklist to
provide documentation
Page 6
Shasta County
CalWORKs Handbook

Page 7 of 12
If parent/caretaker fails to provide verification,

discontinue or reduce the grant according to Semi-Annual
Reporting requirements
For Intake Cases
Request a current School Attendance Verification Form for

an 18 year old
If the 18 year old is going to graduate before their 19th

birthday, then the case does not need to be looked at for
Fry v. Saenz
If the 18 year old is not going to graduate before their 19 th

birthday, then the worker needs to inform the client of the
Fry court case information and what is needed from the
client to verify whether or not the 18-year old meets the
disability criteria set forth in the Fry v. Saenz regulations.
Give client Fry v. Saenz flyer and 10 day verification
checklist to provide documentation
If parent/caretaker fails to provide verification, then deny

the 18 year old. The worker should not grant the 18 year
old without verification during the Intake process
TEENS TURNING 18
Eligibility for
18 Year
ACL 01-77
When any member of an AU turns 18, the case must be

reviewed for continuing eligibility.
Page 7
Shasta County
CalWORKs Handbook

Page 8 of 12
Olds
Teens
Without
Children
Teens who receive aid as a dependent child, and have no

children of their own, remain eligible for aid if they meet the
education and/or training requirements by their 19th birthday.
Per 42-101.2, an 18-year old is eligible to receive aid as a
dependent child if:
He/she is enrolled as a full-time student in high school,

provided he/she is expected to graduate before reaching
19, or
He/she has not completed high school or is in a

vocational or technical training program which cannot
result in a college degree, provided he/she is expected to
complete the program before reaching 19, or
He/she is enrolled as a full-time student in high school,

vocational or technical training program and is not
expected to graduate by their 19 th birthday, but meets
the disability criteria set forth in the Fry v. Saenz lawsuit
Mandatory inclusion rules apply and these teens must be

included in the AU.
Pregnant or
Parentin
g
Teens
Teens who are pregnant or parenting, and who are aided in

their parent/caretaker relatives AU, MAY CHOOSE to:
Remain aided as a dependent child after they turn 18,

provided they continue to meet the educational and/or
training requirements in accordance with the age
requirements, or
Have their own AU established on the first of the month

following the month they turn age 18, unless they turn 18
on the first of the month, in which case the change is
effective on that date
Page 8
Shasta County
CalWORKs Handbook
Informing
Notice

Page 9 of 12
Teens must be informed of the following possible continuing

eligibility options:
Their grants will increase in most cases (and the

parent/caretakers grant will go down or stop) if they
start their own case
They do not have to move out of their parent/caretakers

home to start their own AU
Their 48-month CalWORKs clocks will not start until they

leave Cal-Learn
If the MFG rule was applied to the minor parents child

while the teen was aided as an eligible child, a minor
parents child can now be counted when determining the
cash aid for the parenting teens case
To inform these teens, processing eligibility workers are to send

CW 2103, Reminder For Teens Turning 18 Years Old, to the
senior parent/caretaker 60 days before the teens turn 18.
Note:
C-IV automatically sends this notice to recipients in an

AU with a teen turning 18.
Direct Services workers will be responsible for giving the form

to the parent/caretaker relative of any teen who will turn 18
within 90 days of the application. Document the date the CW
2103 was given/mailed in the C-IV journal.
Page 9
Shasta County
CalWORKs Handbook
Seamless
Determin
ation of
Eligibility

Page 10 of 12
The transition for pregnant/parenting teens to their own AU

must be as seamless as possible. To aid in the transition, the
process of determining eligibility for the pregnant/parenting
teen may begin up to 60 days before the teens 18 th birthday to
ensure there is no loss of aid. This is not considered an
application but a transfer of aid.
Workers must not require the teen to provide any
documentation previously given to the county. The most recent
application (Initial Application for CalFresh, Cash Aid and/or
Medi-cal/Health Care Programs -SAWS 1, or Application for
CalFresh, Cash Aid and/or Medi-Cal/Health Care Programs
SAWS 2 PLUS) for the family, contained in the case in which the
teen was aided, is used to establish the separate AU for the
teen. The SAWS 1 is to be imaged into the newly established
case belonging to the teen.
The processing eligibility worker will refer the teen to intake to

be interviewed and to sign necessary documents.
Some
documentation, needed to complete the teens case, such as
birth certificates, income and/or resource verification for the
teen or the teens child, may be found in the senior
parent/caretakers case. This information may be copied and
imaged to the teens case. Any sensitive information may not
be released to the teen without a release of information from
the senior parent/caretaker relative. If in doubt as to whether
the information is considered sensitive, consult with a
supervisor.
When all information necessary to process the change is
received, the county must process the case and authorize it
when the teen becomes eligible. The teen shall be treated as a
recipient with regards to income and resource limits,
disregards, etc. The applicant test will not be applied.
Page 10
Shasta County
CalWORKs Handbook

Page 11 of 12
Underpayme
nt for
Pregnant
/
Parentin
g Teens
Erroneou
sly
Terminat
ed at
Age 18 Eligibility
and
Benefits
An
underpayment
shall
be
calculated
on
any
pregnant/parenting teens case in which the County becomes
aware there was a break in aid when transitioning from their
parent/caretakers case to their own case. The teen is eligible
for the underpayment only if otherwise eligible.
Overpayment
Recovery
Payments made to the teen parent as head of her own AU are

to be offset against existing overpayments, per 44-351.3.
These payments must not be used to offset supportive service
overpayments.
Teens enrolled in Cal-Learn prior to discontinuance from the

parent/caretaker relatives case, may be eligible to payment of
supportive services, including Cal-Learn bonuses.
These
payments must be issued for any month, beginning in May
1997, in which the pregnant/parenting teen would have been
eligible. A signed application is not required to be on file.
These payments will not be considered in the determination of
income or property in the month received or the following
month. Cal-Learn sanctions cannot be assessed retroactively
for this period.
The recipient can voluntarily have supportive service

overpayments repaid through grant adjustment. Cal-Learn
bonuses and CalWORKs supportive service underpayments
cannot be used to offset cash aid overpayments.
Time Limits
Individuals who are, or should have been eligible for,

participating in or exempt from Cal-Learn do not accrue time on
their CalWORKs 48-month time clocks.
However, if an individual who is 19 and is eligible for voluntary
participation in Cal-Learn but chooses not to participate, he or
she will accrue months toward the CalWORKs 48-month time
clock.
A Cal-Learn participant who is head-of-household will accrue
months toward the TANF 60-month time clock.
Page 11
Shasta County
CalWORKs Handbook

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Shasta County

Program Development and Support