Age Requirements

[42-101.1]

A child meets the age requirement for CalWORKs eligibility until his/her 18th birthday.

18 Year Old Child

[42-101.2]

A child 18 years of age is eligible for CalWORKs only if they are:

Enrolled as a full-time student in high school or, if he/she has not completed high school, in a vocational or technical training program which cannot result in a college degree, and
Expected to complete the program (graduate) before reaching age 19, or
- Note: When an 18-year old completes their graduation requirements before their 19th birthday, eligibility ends at the 19th birthday, or when the requirements are met, regardless of the date of the formal graduation ceremony. If there are any questions about the graduation date, the AU must provide verification from the school of the expected end date.
- Example Example CalWORKs child will be 19 on June 10th. The graduation requirements are met on May 30th. The graduation ceremony takes place on June 15th. The child must be discontinued at the end of May. If the graduation requirements were met on June 5th, the child would be discontinued at the end of June.
Considered disabled under the Fry v. Saenz Lawsuit.

An 18-year-old is ineligible if that child:

Has completed high school and is in a vocational/technical training program which will be completed before age 19.
Will be 19 years old before completing either high school or vocational/technical training unless the child is disabled.
Is in a GED program which does not have the completion of Vocational/Technical training before the child’s 19th birthday, as a component.

Example Example An 18-year old child is enrolled in an AmeriCorps program where he works at a school, participates in leadership development workshops, and works on securing his General Education Degree (GED). This child does NOT meet the criteria to be eligible until his 19th birthday, as AmeriCorps is not a vocational/training program.

Fry v. Saenz

Disability Criteria

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., a section 504 Plan or Section 504 Accommodation Plan)

Verification

Social Security Administration Award letter,
Statement from Regional Center or school,
Copies of the child’s IEP or Section 504 Accommodation Plan/Section 504 Plan
- Note: The EW may assist the client in obtaining verification from the school with the “School Attendance Verification and Release of Information” form (CSF 37). The form can be manually modified to ask the question, “If the student is not going to graduate before age 19, does the student currently have or has he/she ever had an IEP or Section 504 Accommodation Plan/Section 504 Plan in place?”
If a child’s disability cannot be verified by using the criteria described above, the parent/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. They may also authorize the county’s use of the CW 61 to obtain information to verify the child’s disability.

Evidence of Age

[42-111]

The age of all children in the AU must be verified, before granting aid.

Acceptable evidence of a child's age includes, but is not limited, to the following:

Birth certificate or hospital's, physician's or midwife's birth record.
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 naturalization.
Adoption decree.
Passport.
State or Federal census record.
The affidavit of an adult if it is based on his personal knowledge of facts which would determine the probable age of the applicant and is not merely a statement of belief based on applicant's personal appearance. Such affidavit must contain statements of the circumstances upon which the affiant's knowledge is based.
Entries in a family Bible or other genealogical record or memorandum of such applicant.

Document the type of verification used to establish age in Journal page. Image the verification to the case.

The documents listed above must be reviewed carefully. If the verification does not appear to be genuine, it may be necessary to make a referral to FRED or to the District Attorney - Welfare Fraud Division.

Married Minor (Children 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 parent's 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 his/her parent.

A written statement from the parent or child, stating who is exercising the responsibility of care and control of the child, is sufficient documentation to determine whether the child should be included in his/her parent's case or his/her own case.

The EW makes the final determination, based on the eligibility interview, as to who exercises care and control when a conflict between the parent and child exists.

If the married child and his/her spouse have no children in common, and the spouse of the child has income, the spouse of the married child is included in the “family” but not in the AU. Any 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” nor the AU.

Refer to Family Income [W & I Code 11450 and 11451.5], Income /General and Student Exemption [EAS 44-111.22],” page 27-2]] for Treatment of Income.

Pregnant or Parenting 18-Year-Old

Eighteen (18) year old teens who are pregnant or are a custodial parent and who are aided in their parent/caretaker relative’s 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.

Note: If they turn age 18 on the first day of the month, the change is effective on that date.

Informing Requirement

Senior parents/caretakers of aided pregnant or parenting teens must be sent an informing notice sixty (60) days before the teen’s 18th birthday to inform them of possible continuing eligibility options. The teens must be informed that:

They do not have to move out of their parent/caretaker’s home to start their own AU.
Their grants will increase in most cases (and their parent/caretaker’s grant will go down or may stop) if they start their own AU.
Their CalWORKS 60-month clock will not start to run until they leave Cal-Learn.

Eligibility Determination

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 teen’s 18th birthday to ensure there is no loss of aid. This is not considered an application but a transfer of aid.

The EW must not require the teen to provide any documentation previously given to the county. The most recent “Application for Cash Aid, CalFresh and/or Medical” (SAWS 1) for the family, contained in the case in which the teen was aided, is to be used to establish the separate AU with a new case number for the teen. Additional documents that the teen is REQUIRED TO REVIEW & SIGN must be obtained and imaged into the case. [Refer to Common-Place Handbook, “CalWORKs and PA CalFresh,” page 24-7 for forms required.]

Some information/verification needed to complete the teen’s case may be found in the senior parents/caretaker’s case, but MAY NOT BE RELEASED TO THE TEEN without a release of information from the senior parent/caretaker relative. This refers to 3rd-Party information or personal information of the parent that is sensitive in nature such as medical records. This does not apply to documentation that is public record such as the teen’s birth certificate.

Income, Resources and Budgeting

The pregnant/parenting teen will be treated as a recipient rather than an applicant when their new case is established. The applicant test will not be applied.

The teen and child’s income, if any, will be anticipated and budgeted to the teen’s newly established case.