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Step-Sibling/Half-Sibling Policy
Effective November 1, 2018, Senate Bill (SB) 380 provided CalWORKs applicants and recipients the option to exclude the needs of a qualified step-sibling or half-sibling from the CalWORKs AU MAP determination in order to keep one hundred percent of any current child support payments made on behalf of that child as long as the child meets qualifying conditions.
Eligibility
To exclude a step/half sibling from the AU, all of the following conditions must apply:
The step-sibling/half-sibling must:
- Live with at least one eligible child; and
- Be in receipt of current child support payments; and
- Have an amount of current child support received each month for that child that is greater than the cash aid amount that child would receive: and
- Have a parent/caretaker relative request in writing that the child not be included in the number of needy persons used to calculate the AU’s MAP.
The needs of the child (not income and resources) are considered in the family MBSAC but are removed when determining the AU MAP. The child remains eligible for other programs and services (i.e., CalFresh, Medi-Cal, Child Care, Special Needs, Temporary Shelter Assistance, etc.), as long as all other conditions of eligibility are met.
Note: All CalWORKs children, including children in K1/3F families, who meet the criteria above are eligible to be considered for exclusion from the MAP determination.
Opting In and Out
Parents/caretaker relatives have the option to exclude an eligible step/half-sibling’s needs from the AU’s MAP determination only at application, SAR 7 or annual redetermination. They can only request to have the child’s needs added back into the AU’s MAP determination at their SAR 7 submission or annual redetermination. The only exception to the times a child’s needs can be added back into the AU’s MAP determination is mid-period if the child support received for that child either stops or decreases below the grant amount the child would receive if aided in the AU’s grant. There is no other exception to when the child’s needs can be excluded.
When adding a child or newborn a CW 8A must be completed. This is considered an application and therefore, the child or newborn that is a half/step-sibling, must meet the same requirements listed above. The CW 52 must be provided and completed in order for the child/newborn to be excluded.
CW 52 Informing Notice and Opt-In Form
The CW 52-SB 380 Informing Notice and Child Support Payment Opt-In Form has two purposes. The first is to inform applicants and recipients of the option to exclude the needs of step/half-siblings of eligible children in the AU who live in the same home. The second is to allow parents/caretaker relatives to make a written request to exclude step/half-siblings’ needs from consideration in the determination of the AU’s MAP to receive full child support payments via the form provided on the reverse side of the informing notice.
Applicants and recipients must receive the CW 52 at application and each annual redetermination. The form must also be provided any time a recipient requests it or requests to exclude a child’s needs from consideration in the MAP determination under the child support in lieu of cash grant rule.
The parent/caretaker relative must submit the request to exclude the step/half-sibling’s needs from the AU’s MAP determination in writing, unless the parent/caretaker has a disability that prevents them from submitting the request in writing. The applicant or recipient must use the CW 52 to submit their written request.
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