Child Development Division
| Subject: CalWORKs Diversion | Number: 10-24 |
| Authority: Item 61100-196-0001 of the 2010-11 Budget Act and Governor’s Veto Stipulation and Order for Implementation of Alameda County Superior Court’s November 5, 2010 Order, Case No. RG10544021 |
Date: December 17, 2010 Expires: Until Rescinded |
Attention: All CalWORKs Stage 2 Child Care Program Executive Directors and Program Administrators
Purpose
The purpose of this Management Bulletin (MB) is to provide guidance to CalWORKs Stage 2 contractors on the process by which to:
- Enroll CalWORKs Stage 3 families that have been or will be approved to receive CalWORKs Diversion services through the County Welfare Department (CWD) on or before December 31, 2010, into CalWORKs Stage 2 child care.
- Enroll those families timing-out of Stage 2, December 31, 2010, and after that date, who have been or will be approved by the CWD for Diversion services on or after January 1, 2011.
Background
In November 2010, the California Department of Education (CDE), Child Development Division (CDD) issued MB 10-14 that contained information identifying various resources to families whose child care was being terminated because of the Governor’s veto of Stage 3 funding.
Subsequent MBs regarding the Governor’s veto of Stage 3 funding have also addressed the issue of eligibility for CalWORKs Stage 2 child care for families determined by the county welfare department (CWD) as eligible for Diversion services.
County welfare departments are the agencies responsible for the determination of eligibility for the county’s CalWORKs Diversion services. As part of this determination, the CWD must provide the applicant/family with documentation of eligibility approval. Documentation from the CWD would include the type of Diversion services that were approved (i.e., cash aid or child care) and the effective date of those services.
A family approved for Diversion services may then be eligible for CalWORKs Stage 2 child care services. Title 5, Section 18409.5 require that any family entering CalWORKs Stage 2 who is not transferring from a CWD’s Stage 1 program or another Stage 2 contractor must apply to the Stage 2 contractor for services, and a contractor must review the application and certify eligibility. Because of the provisions in the stipulated court order allowing “eligible” Stage 3 families to “transfer” to Stage 2, and because of the subsequent confusion in the field that has developed as a result of the court order, the following directions will apply:
Directions
- Any family that was receiving CalWORKs Stage 3 child care services on or before December 31, 2010, and who has been determined eligible for CalWORKs Diversion services on or before December 31, 2010, must complete an application pursuant to Title 5, Section 18409.5 and provide supporting documentation. This documentation can include, but not be limited to, current documentation in the existing CalWORKs Stage 3 family file.
- Pursuant to Title 5, Section 18408(e), a family that is determined eligible for Diversion Services would have their services begin in Stage 2 the month that the CWD made the determination of eligibility for Diversion services.
- Any family that might have been enrolled in Stage 2 pursuant to a Diversion eligibility determination on or before December 31, 2010, that did not complete an application and provide supporting documentation must do so.
- If the families were enrolled in Stage 2 and did not have a new application completed before enrollment, Stage 2 contractors have 90 days from the date that the family was determined eligible for Diversion to have the family complete the application, supply supporting documentation and to certify the eligibility of the family.
- This new application is considered an application for initial enrollment.
- All families enrolled in Stage 2 on or before December 31, 2010, who had been in Stage 3, and who had a determination by the CWD that they were eligible for Diversion will have their child care services continue during the above mentioned 90-day period, pending the completion of the application, and supply of supporting documentation up to the determination of eligibility.
- Should a family be found not eligible for Stage 2 services upon certification of eligibility, the family must be provided a Notice of Action pursuant to Title 5, Article 6, Sections 18118 through 18122.
Any family determined eligible for CalWORKs Diversion services by the CWD on or after January 1, 2011, must be enrolled in Stage 2 pursuant to Title 5, Section 18409.5 in its entirety. This includes, but is not limited to, the requirement in Section 18409.5(a) that the family complete an application for services with supporting documentation, and in Section 18409.5(b) that the contractor must certify eligibly before reimbursement for services can be provided.
CalWORKs Stage 2 contractors are encouraged to work with the family’s current/previous child care contractor to determine if there is current information in the family data file to document the family’s eligibility and need for services. Contractors may accept that documentation, otherwise families will need to present documentation to support eligibility and need for child care and development services.
Policy
Pursuant to Title 5, Section 18409.5(c), contractors must continue to enroll eligible families in Stage 2 child care programs until directed to stop by CDE.
Questions regarding the information in this MB should be addressed to your CDD Field Services Consultant or by phone at 916-322-6233.
This Management Bulletin is mandatory only to the extent that it cites a specific statutory and/or regulatory requirement. Any portion of this Management Bulletin that is not supported by a specific statutory and/or regulatory requirement is not prescriptive pursuant to California Education Code Section 33308.5.
