CDE Webinar Archive:

January 25, 2018 Webinar: Eligibility, Certification, Recertification and Notice of Action- PowerPoint (Draft)

September 28, 2017 Webinar: Budget Act of 2017: Implementation of 12-month Eligibility- in partnership with CAPPA

Webinar Recording (Click the Vimeo Logo on the bottom right-hand side of the video to watch in full screen view):

Management Bulletin 17-14

Link to Attachment A – 12-month Eligibility Implementation Guidance

Link to Power Point Presentation 

  • Supplemental links referenced in Power Point
    • Page 6 of PP: Legislative Authority: Budget Act of 2017: Assembly Bill 99 
    • Page 8 of PP: Rescinded Management Bulletins
      • MB 06-14: Update to Changes in Law Affecting Child Care and Development Services for At Risk and Child Protective Services Families
      • MB 15-05: Extension of 60-day Limitation on Seeking Employment
    • Page 19 of PP: Changes to the California Code of Regulations Title V included:
      • Two (2) sections that were repealed
        • Section 18102 Notice of Families of Their Responsibility to Notify Contractors of Changes to Family Circumstances
        • Section 18104 Limited Term Service Leave Requirements
      • Sixteen (16) sections that were revised
        • Section 18078 Definitions
        • Section 18084 Documentation of Income Eligibility
        • Section 18086 Documentation of Employment
        • Section 18086.5 Documentation of Seeking Employment, Service Limitations
        • Section 18087 Documentation of Training Towards Vocational Goal
        • Section 18088 Documentation of Parental Incapacity; Service Limitations
        • Section 18090 Documentation of Homelessness
        • Section 18091 Documentation of Seeking Permanent Housing, Service Limitations
        • Section 18096 Calculation of Income
        • Section 18103 Recertification
        • Section 18406 Family Eligibility (Cal WORKs, Stage 2)
        • Section 18408 Family Duration (CalWORKs, Stage 2)
        • Section 18410 Contractor Responsibilities for Maintaining Family Eligibility (CalWORKs, Stage 2)
        • Section 18421 Family Eligibility (CalWORKs, Stage 3)
        • Section 18423 Family Duration (CalWORKs, Stage 3)
        • Section 18425 Contractor Responsibilities for Maintaining Family Eligibility (CalWORKs, Stage 3)
      • Three (3) sections that were added: 
        • Section 18084.1 Duration of Service Requirement
        • Section 18084.2 The Family’s Right to Voluntarily Report Changes
        • Section 18084.3 Requirement to Report When Income Exceeds Ongoing Income Eligibility  
    • HIGHLIGHTS 4 Major Areas:
      1. Families certified for services on the basis of seeking employment shall receive services for not less than 12 months.
      2. All families must be recertified at least one each contract period, and no sooner than 12 months from when they were last certified.
      3. Families may voluntarily report changes decreasing their service need under specific conditions.
      4. Families must report within 30 days if income exceed 85 percent of state median income (SMI).
    • The information in the Guidance supersedes the information in current 5CCR regulations and FTCs. Refer to the Guidance when enrolling families or reviewing Policies.
    • A payment made by a child care and development program for a child during this period shall not be considered an error or an improper payment due to a change in the family’s circumstances during the same 12-month period.
    • The GAU will only be verifying information at:
      1. Initial certification, and at
      2. Recertification

July 28, 2017 Webinar: Budget Act of 2017: Review of Management Bulletins and 
Overview of 12-month Eligibility Provisions- in partnership with CAPPA

On Friday, July 28th, CAPPA supported CDE/EESD with a webinar focused on MB 17-08, 17-09 and 17-10 in addition to answering submitted questions regarding 12-month eligibility.

Although the webinar started out with technical challenges, by the time we got to the Q&A portion of the webinar, it was clear. 

 

If you did not listen to the webinar, we encourage you do so as it was full of rich information. Additionally, it was very clear particularly during the Q&A portion of the webinar, that there are clear objectives that CDE is using as reference to answering questions and drafting Management Bulletins (MBs).  They are:

1.       CDE directives and input will fall on the side of what is in the best interests of the child.

2.       Continuity of care for 12 months.

3.       Hold Harmless will be applied to agencies that are implementing the increase in the SMI, family fees and 12-month eligibility consistent with the 2017-18 budget bill and trailer bill intent.  As noted during the webinar, "Errors and overpayments will not be looked at (Hold Harmless) if implemented in accordance with Education Code Section 8263(i)1:

 8263 (i) (1) Because a family that meets eligibility requirements at its most recent eligibility certification or recertification is considered eligible until the next recertification, as provided in subdivision (h), a payment made by a child development program for a child during this period shall not be considered an error or an improper payment due to a change in the family's circumstances during that same period.

4.      Memorize Education Code Sections 8263(h) below and (i) above. 

8263 (h) (1) Except as provided in paragraphs (2) to (4), inclusive, upon establishing initial eligibility or ongoing eligibility for services under this chapter, a family shall be considered to meet all eligibility and need requirements for those services for not less than 12 months, shall receive those services for not less than 12 months before having their eligibility or need recertified, and shallnot be required to report changes to income or other changes for at least 12 months.

(2) A family that establishes initial eligibility or ongoing eligibility on the basis of income shall report increases in income that exceed the threshold for ongoing income eligibility as described in subdivision (b) of Section 8263.1, and the family's ongoing eligibility for services shall at that time be recertified.

(3) A family that establishes initial eligibility or ongoing eligibility on the basis of seeking employment shall receive services under this chapter as follows:

(A) If seeking employment is the basis for initial eligibility, the family shall receive services under this chapter for not less than six months.

(B) If, at the time of recertification, the only basis established for ongoing eligibility is a parent's need to seek employment, the family shall receive services for no less than six months.

(4) A family may at any time voluntarily report income or other changes. This information shall be used, as applicable, to reduce the family's fees, increase the family's services, or extend the period of the family's eligibility before recertification.

Hold Harmless will be applied to agencies that are implementing the increase in the SMI, family fees and 12-month eligibility consistent with the 2017-18 budget bill and trailer bill intent.  As noted during the webinar, "Errors and overpayments will not be looked at (Hold Harmless) if implemented in accordance with Education Code Section 8263(i)

To understand the intent behind these directives, it is strongly suggested that Education Code Sections 8263(h) and (i) be read and memorized, as clear language on the guiding principals behind anticipated directives is given.

Again, it could not have been emphasized any stronger that if your agency implements in accordance with the the changes in law enacted as part of the 2017-18 budget package above laws that went into effect on July 1, 2017, CDE will have a hold harmless applied for purposes of reviews.

This webinar was very clear that the work we do is going to get greatly streamlined and will definitely support families with continuity of care and greater stability for children.

CAPPA is going to work with CDE to write out answers to the six pages of questions that you have all submitted.  CDE will host these responses on their website, but CAPPA will have a link to them on the same page where we will host this webinar and PPT for reference. 

Other:

Q:  What is the October 1, 2017 deadline?

A:  That is the deadline wherein CDE must provide through MBs or letters of instruction on how to implement the laws that are now in place.  Below is the language clarifying October 1, 2017 in the Education Code Section 8263.

(j) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5 of this code, until regulations are filed with the Secretary of State to implement subdivision (h), the department shall implement subdivision (h) through management bulletins or similar letters of instruction on or before October 1, 2017.

MB 17-11: Revised Family Fee Schedule is currently in the approval process, and will be posted in the near future. Additional MBs associated with implementation of the Budget Act of 2017 are forthcoming.

Finally, EESD has put a hold on issuing more answers to questions regarding past MBs.  The reason for this is that the newly enacted 2017-18 budget has provided the conduit needed to reexamine and do away with burdensome reporting requirements and transfer issues that exist between CalWORKs Stage 1 and Stage 2 child care.