Processing Request to Exclude Step/Half-Sibling

Written Request to Opt-In

The parent/caretaker relative must submit a written request to exclude a step/half-sibling by completing the “Changes To The California Work Opportunity And Responsibility To kids (CalWORKs) Assistance Unit And Child Support Rules” (CW 52) application. Requests to voluntarily exclude a step/half-sibling may be processed at:

Application,
Annual Redetermination, and
Semi-annual Report (SAR7), and
Mid-Period when the AU voluntarily reports a decrease or termination of child-support payments.

Application

Applicants must comply with verification requests, such as birth certificate, immunization, school record, etc, for the step/half-sibling even when the decision to exclude a step/half-sibling is made. EWs will follow existing business processes when requesting verifications during the application process. The CalWORKs applications cannot be delayed or denied while gathering verification for the excluded child. Once the CalWORKs application has been processed, the effective beginning date of aid for the excluded child is the date of approval for the CalWORKs application.

Other verifications such as proof of SSN or other income received may be needed for other program eligibility determinations (such as Medi-Cal and CalFresh budgeting), and are required in the event the parent/caretaker relative requests to add the child’s needs to the AU’s MAP determination in the future. If the request is made mid-period due to decreased child support, the child’s needs must be added to the AU’s MAP within 10 days of the date verification of the change in child support income is provided. This change is retroactive to the first day of the month in which the request was made.

Applicants and recipients are required to cooperate with child support assignment and cooperation requirements (unless good cause exists).

Reminder: Single-Parent Families (aid code K1) and Two-Parent Families (aid code 3F) for Safety Net and Fleeing Felon cases are not required to assign support rights or cooperate with child support requirements as a condition of eligibility for CalWORKs.

AU Composition

Although the needs of the excluded child are excluded from the MAP, the child is included in the AU and considered “CalWORKs eligible” for all other purposes. EWs must request all necessary verifications at application, as if the step/half-sibling were aided in the CalWORKs grant, in order to meet the 10-day time-frame for mid-period request to add the child back to the grant.

Example Example A family applies for CalWORKs and the parent requests a half-sibling’s needs be excluded from the MAP. The EW must request verification of the half-siblings birth certificate, social security number, immunization records, etc. If at any time the parent request mid-period to add the half-siblings needs back into the MAP due to a loss or decrease in the child support income, the EW will have all necessary eligibility verifications on file and can meet the 10-day time-frame to increase the grant.

Child Turning 18 Years of Age

When a child whose needs are excluded from the MAP turns 18 years of age, and is either not attending school or not expected to graduate before the 19th birthday and is being discontinued from the CalWORKs case due to age limits, the child support arrearages that continue to be received by the parent/caretaker relative on behalf of that child are considered available to the AU. The 18 year old is considered an adult for the purposes of CalWORKs eligibility and arrears received on behalf of the 18 year old are treated as unearned income to the AU.

Example Example Mom and 2 children (1 eligible child (Child A) and one Opted Out half/step-sibling (Child B). Child A turns 18 years old and is discontinued from CalWORKs due to age. The entire CalWORKs case is discontinued because there is no eligible child in the home since Child B is excluded from the grant. If the change happened at SAR 7 or RD, the parent could opt the Child B back into CalWORKs case. If the change occurs at any other time, the excluded child cannot be added back to the case and a new CalWORKs application is required.

If an 18-year-old excluded half/step-sibling is enrolled in school and expected to graduate by the 19th birthday, then the excluded 18-year-old continues to be considered a child for the purposes of CalWORKs until he or she graduates or reaches 19 years of age, whichever comes first. Child support payments made on behalf of the 18-year-old excluded child remain excluded as long as the child remains eligible to CalWORKs.

Recipient Beginning Date of Aid

Once a child has been excluded from the MAP, mandatory inclusion rules no longer apply to that child and the child’s needs can only be added back to the MAP during the following times:

Semi-Annual Report (SAR 7);
Annual Redetermination; or
When the parent or caretaker relative voluntarily reports mid-period that the child support payment or payments have decreased or ended, and the parent/caretaker relative requests the child’s needs be reconsidered in determining the MAP.

When a step/half-sibling has been found eligible to be removed from the CalWORKs grant, the change is effective the first of the month following the date the request is made, given the EW has adequate time to issue timely notice of action. If adequate time to issue a timely notice of the decrease to the grant does not exist, then the effective begin date is the first of the month after notice has been given.

Reminder: The parent/caretaker relative may choose to sign a 10-day waiver of their right to a 10-day NOA in order to have the grant decreased sooner.

EWs must follow the existing business process to request verification of the child support income to determine if the step/half-sibling is eligible to be excluded from the CalWORKs grant.

Treatment of Income and Resources

The income and resources, of children whose needs are excluded from the MAP, are not considered when determining CalWORKs eligibility and grant amounts for the remaining AU members. Child support payments received on behalf of the excluded step/half-sibling are treated as exempt income and not used to determine CalWORKs eligibility or grant amounts.

Social Security Income

Other than child support and SSI/SSP, the most common type of income received is SSA/ SSDI from a parent.

If the excluded step/half-sibling receives SSA/SSDI and child support, both sources count towards the total child support amount received. These payments, either separately or combined, must exceed the child’s portion of the CalWORKs grant in order for the child to be eligible to be excluded from the AU.

Example Example A parent makes a written request to exclude a half-sibling who is receiving SSA/SSDI from the aided custodial parent and child support from the absent parent. The half-sibling’s needs are not considered in the MAP because the amount of child support received exceeds the needs of the half-sibling. Because the child’s needs are excluded from the MAP, the SSA/SSDI income received on behalf of the child is also excluded. Any income received for the excluded child is intended for the care and support of that child and not for the use of other members of the family.

Example Example A step-sibling is receiving SSA/SSDI on behalf of the absent parent’s disability. The income is credited as child support by the Department of Child Support Services (DCSS). The SSA Disability is treated as child support for the purposes of determining the total amount of child support received and is excluded if the step-sibling’s needs are removed from the family’s MAP.

Medi-Cal

An excluded step/half-sibling child remains eligible for cash-linked Medi-Cal until the child leaves the AU or the AU is discontinued from CalWORKs. In either of these instances, eligibility to Medi-Cal cannot be discontinued. EWs must follow existing business process to evaluate eligibility to ongoing Medi-Cal eligibility.