New Exemptions, New
Opportunities
CalWORKs Short-Term Exemptions
CalWORKs Association
Statewide Training Institute
April 2010
(c) LSNC 2010
Short Term Changes (ACL 09-46)
• Young child(ren) exemption
• No support services exemption
• County option to redirect mental health
and substance abuse funding to/from
other employment services
1 (c) LSNC 2010
Young Child(ren) Exemption
60 month clock stops if:
• One child between 12 and 24 months
– Legislative gap: can be exempt for under 1
year, but doesn’t stop clock
• Two children under six
– If 2-parent AU, only 1 gets exemption
• Exemption ends when age out or 7/1/11
2 (c) LSNC 2010
Implementation Infant Exemption
• Counties permitted to automatically
exempt all clients who qualify
• Can volunteer and still be off the clock
• For formerly sanctioned:
– Cures sanction
– Once exemption ends, must sign a new WTW
plan, based assessment. If don’t sign,
considered noncompliant and returned to
sanction status
3 (c) LSNC 2010
Notice (Infant/Support Serv.)
• Counties had by 12/10/09 to notify affected
clients (and on-going)
• Counties not to terminate services for newly-
exempt, current clients without first providing
“reasonable opportunity” to volunteer
• Counties “shall permit” current clients who
volunteer to continue participating, unless
county cannot pay for supportive services
• ACL has suggested language, but can modify to
refer to local program
– Watch for substantive changes to notice
4 (c) LSNC 2010
Infant Volunteer Problem Areas
• Counties not informing of option to volunteer (but
see Notice)
• Counties think optional whether to allow
volunteer (but see Notice)
• Counties confused about if get support services
for volunteering (will be in Q & A)
• Counties confused about hours (will be in Q & A)
• Interaction w/ “no support services” exemption
(will be in Q & A)
5 (c) LSNC 2010
Other Infant Problem Areas
• ACL says get for 2 parent AU only if other parent
can’t care for child(ren) because of WTW
participation
– Not consistent with law or regs (just require exempt
person has primary caretaking responsibility); 47-
220.22 : No adult in AU who is able and available to
provide care.
• Unclear if workers are auto-lifting sanctions
– Notice says exemption ends sanction
– ACL states if lose exemption and don’t sign, sanction
returns
• Since sanction was removed, argument must go through
good cause/non-compliance/notice process if don’t sign plan
6 (c) LSNC 2010
No Support Services “Good Cause”
• “Exempt” (off the close, but listed as good
cause) if county doesn’t have $ for
support services
– Leg intent to start w/ those coming onto aid
– County must have written criteria for this
exemption
Get county criteria and review for caseload and service
estimates and process for granting
7 (c) LSNC 2010
Support Services Problem Areas
• State “declined” to instruct counties that criteria
cannot discriminate in who gets exempted
– E.g.: large families or special needs children (family
status and disability issues), students over working
(issues on self-sufficiency and CW rules re: plan
development)
– Did not require or suggest to take non-compliant AU’s
or volunteers first
• Doesn’t address auto-lifting of sanction
• Doesn’t require to take volunteers 1st (i.e. shifting to
those who want exemption and away from those
who want to participate)
8 (c) LSNC 2010
Draft Q & A Short Term Exemptions
• Letter should be out in 4-6 weeks?
• Favorable answers
– Can’t set fixed hours for volunteers
– Can’t have policies focusing on “protected classes”
• But allow hours and high cost of services as factors, even
though this may have disparate impact on protected classes
– Partial support services (but some clients want this)
– Exemption/sanction provisions
– Child care/support services for volunteers
– Young child exemption for MFG children
9 (c) LSNC 2010
Q & A Two-Parents (2P) Draft Answers
• 2P sharing hours, one takes YC exemption. Still has 35
hour requirement; can still split if exempt parent
volunteers and county is able to serve
• 2P, one sanctioned – either can take the YC exemption.
(And, under prior ACL, this would temporarily cure the
sanction.)
• 2P, both can be exempt, but only one gets the YC
exemption. If one is excluded as mandatory participant
(ex own exemption) other can take and no hour
requirment until one loses exemption.
• Registered Domestic Partners and stepparents are not
mandatory participants, so 32 hours requirement; bio
parent can take YC exemption
10 (c) LSNC 2010
Unresolved issues
• Core hours for volunteers
• Whether you have to notify of “re-
exemption” if young child/no support
services
– Ex: exempted for young child, volunteers,
county says no $ support services. Must
county send volunteer denial NOA?
• Hours for 2-parent families when one
exempt or timed out
11 (c) LSNC 2010
Mental Health Funding
• Counties can shift $ for mental health and
substance abuse services to pay for other
CalWORKs services, and vice versa.
– If shift funds and MH/SA services become
unavailable, clients with WTW plans listing
these services must be granted good cause
• County to review good cause no less frequently
than 3 months
• Argue exempt if anticipated to continue > 30 days
and condition significantly impairs ability to
work/participate
12 (c) LSNC 2010
Discussion of Short Term Issues
• Problems with young child
• Problems with support services
• Other?
13 (c) LSNC 2010
Contact Information
• Jodie Berger, Regional Counsel
Legal Services of Northern California
1810 Capitol Street
Vallejo, CA 94590
(707) 515-4112
Jberger@lsnc.net (best)
Please refer students to local legal aid. I can consult with
you (counselors) or the local legal aid…
14 (c) LSNC 2010