Family Reunification Cash Aid and Services (AB 135)

Background

Effective January 1, 2025, Assembly Bill (AB) 135 provides cash aid, child care, and reunification services to families participating in the CalWORKs Family Reunification (FR) program as part of their Department of Family and Children's Services (DFCS) Reunification Plan for up to six full months, provided all FR eligibility criteria are met. These cases are referred to as FR-AB 135 cases.

AB 135 did not change the process for CalWORKs FR cases with FR services only (AB 429). Refer to Family Reunification Services Only (AB 429) for more information.

Note: Refer to Chewable Byte 23-59: How to Process Family Reunification Case for CalSAWS entries.

Important: Once a common DFCS/CWES case is identified, staff must start entering their documentation using "CalWORKs Common Case" in the "Short Description" field of the CalSAWS' "Journal Detail" page.

Amended FR Plan

Existing FR plans that do not already include a recommendation for FR cash aid must be amended prior to cash aid approval.

For existing FR plans modified on or after January 1, 2025, the six months of CalWORKs FR cash aid will begin on the date the plan is amended. CalWORKs FR cash aid must be prorated if the grant is approved after the first of the month. The prorated month does not count towards the six full months of CalWORKs FR cash aid.

Important: CalWORKs FR cash aid cannot be issued prior to January 1, 2025.

Policy Timeframes

FR cash aid is limited to a maximum of six months from the time it is granted and may not be extended.

There is no lifetime limit to the number of times families can receive FR cash aid. Eligible families can receive up to six months of CalWORKs FR cash aid for every instance of child removal that results in a reunification plan with a recommendation of cash aid.

If a family receives a good cause extension for CalWORKs FR services but has not exhausted their six months of CalWORKs FR cash aid, then they will remain eligible for cash aid until they exhaust their six full months.

Existing reunification cases must have their reunification plans amended to include cash aid before FR cash aid can be approved. These cases may reach the end of their six-month temporary absence period before receiving six full months of cash aid. In these cases, DFCS may grant a good cause extension to allow the family to receive a full six months of FR cash aid if specified in the reunification plan, and if the family is otherwise eligible for CalWORKs cash aid.

Reporting & Redetermination Requirements

When reunification cases are approved for cash aid, CalWORKs reporting rules still apply.

Semi-Annual Report (SAR 7)

While the family is in FR and receiving a CalWORKs grant, Semi-Annual Reporting (SAR) requirements apply, and the AU’s SAR reporting cycle will not change. Cash aid for reunification cases must be discontinued at the end of the six-month temporary absence period, or earlier if the family is found to be financially ineligible based on the information submitted on the SAR 7, or if the reunification plan is terminated. If non-cash reunification services are approved after cash aid discontinuance, a SAR 7 is not required as long as the reunification plan remains in place.

Refer to CalWORKs Handbook Chapter 10 SAR 7 for more information on SAR 7s.

Mid-Period Reports/Changes

All mandatory and voluntary reports and county-initiated mid-period changes remain in effect when a reunification case receives a cash grant. As a reminder, SAR AUs are not required to report mid-period changes to household composition. Cash aid for reunification cases must be discontinued if the family is found to be financially ineligible based on a mid-period report of income exceeding the Income Reporting Threshold (IRT), or if the reunification plan is terminated.

Refer to CalWORKs Handbook topics Mandatory Mid-Period Reports and County-Initiated Mid-Period Changes for more information.

Redetermination (RD)

While the family is in FR and receiving a CalWORKs grant, the regular annual RD requirements apply, and the AU’s existing RD cycle will not change. Cash aid for reunification cases must be discontinued at the end of the six month temporary absence period, or earlier if the family is found to be financially ineligible based on the information submitted at RD, or if the reunification plan is terminated.

Reunification cases receiving reunification services only must be subject to a six-month CalWORKs eligibility RD. In addition, for reunification cases receiving reunification services only, an eligibility RD must be conducted when an Assistance Unit (AU) is reunified.

Refer to CalWORKs Handbook Chapter 11 Redeterminations for more information on RDs.

Failure to Complete SAR 7 or RD

Failure to submit a SAR 7 or complete RD will result in a cash aid and/or reunification services discontinuance for families in FR who are receiving a CalWORKs grant. The Eligibility Worker (EW) may grant a good cause exemption for failure to submit a complete SAR 7 or complete RD timely if the request is made by the parent.

When the removal of a child(ren) and the recommendation for reunification services occur in the month following a CalWORKs discontinuance due to not completing a SAR 7 or an annual RD, the EW should evaluate whether good cause exists to rescind or restore the CalWORKs case. If good cause cannot be applied, the case will remain discontinued, and the family will not be eligible for reunification services.

Refer to the Good Cause sections in CalWORKs Handbook topics Processing a SAR 7 and Redetermination Actions for more information.

Overpayments/Underpayments

CalWORKs FR families remain subject to all the cash aid rules, including overpayments. If a CalWORKs FR family receives a month of cash aid that they were not eligible for, the county will establish an overpayment and pursue collection, as applicable.

Families receiving CalWORKs FR cash aid and services are eligible for underpayments/supplemental payments if they did not receive aid that they were eligible for. ExampleExample The CalWORKs FR family did not receive a full grant because of a sanction that was later determined to be incorrect. In this situation, the CalWORKs FR family would be eligible for an underpayment. If the CalWORKs FR family is still receiving a cash grant while in CalWORKs FR, they would receive a supplemental payment in addition to an increase in their grant.

Refer to CalWORKs Handbook topics Overpayments and Underpayments/Supplements for more information.

Discontinuance

Cash aid for reunification cases must be discontinued if:

DFCS or a court has not recommended cash aid within the 30-day initial temporary absence period.
The AU received six months of FR cash aid.
The AU becomes financially ineligible.
The parent(s) reaches 60 months of aid and does not qualify for an extender.
Reunification is no longer possible for any of the children who were removed, and the reunification plan is terminated by DFCS or a court.

Time on Aid (TOA)

TOA Clocks

Reunification cases are funded with State non-Maintenance of Effort (MOE) funds. Therefore, the TANF TOA clock will not tick during the months that a family receives CalWORKs FR cash aid.

However, CalWORKs rules and processes pertaining to TOA remain unchanged. A reunification parent(s) receiving cash aid under CalWORKs FR will continue to have their CalWORKs 60-month TOA clock tick unless they meet the requirements for a CalWORKs TOA exception or extender. The CalWORKs TOA clock will not tick once FR cash aid is terminated.

Parents Reaching Their CalWORKs 60-Month Time Limit

If the parent(s) reaches their CalWORKs 60-month time limit while in FR and is not eligible for a TOA exception or extender, the EW must remove the parent(s) from the AU in accordance with existing processes.

In two parent households, when one parent reaches their 60-month CalWORKs TOA limit, they must be removed from the grant calculation.
In one parent households where the adult reaches their 60-month CalWORKs TOA limit, the CalWORKs FR cash aid must be discontinued, and the case closed.

Parents who reach their 60-month CalWORKs TOA limit while participating in FR will no longer be eligible for any reunification services for themselves or their child(ren).

Timed-out parents whose CalWORKs time clocks are adjusted to add additional months of aid may be eligible for FR for the remaining months in their FR temporary absence period if recommended in their reunification plan. Eligibility for reunification services for these parents is effective the date the time clock is adjusted.

Zero Basic Grant (ZBG) Cases

If the CalWORKs FR family transitions to a ZBG case, their CalWORKs TOA clock will not tick while receiving CalWORKs FR services only because the family would be eligible for a grant under $10 TOA exemption.

Notice of Actions (NOAs) and Forms

The following are specifically for FR-AB 135 participants.

Extension of Cash Aid (M82-812A) NOA

The M82-812A must be used to inform families in an FR plan that they will begin receiving cash aid for up to six months. Cash aid can begin for FR families once the case has been identified as meeting all eligibility criteria for AB 135. A court order is not needed for FR families to start receiving cash aid. The six-month time frame for cash aid will begin on the first of the month after the 30-day initial temporary absence ends. This NOA can be used for families entering an FR plan or for existing families in an FR plan.

The M82-812A will be automated when the EW runs and authorizes the case in CalSAWS.

End of Cash Aid Following Family Reunification Discontinuance - Child Returned to the Home (M82-812B) NOA

The M82-812B must be used to inform FR families that their cash aid is being discontinued because the child(ren) have been returned to the home. This NOA also informs FR families that the county will assist them in determining their CalWORKs eligibility through a separate notice.

The M82-812B will be automated when the EW runs and authorizes the case in CalSAWS.

Family Reunification - End of Cash Aid (M82-0812C) NOA

The M82-812C must be used to inform FR families that their cash aid is ending. This could be because the FR family has reached the maximum six months of cash aid during their reunification period, has reached their time-on-aid limit in CalWORKs, their time-on-aid extender has ended, or they have received income exceeding their IRT regardless of whether the FR family has reached their six-month timeframe for cash aid. The FR case will remain open if good cause exists, and the family will continue to be eligible for supportive services.

The M82-812C will be automated when the EW runs and authorizes the case in CalSAWS.

Welfare To Work Family Reunification Plan (WTW 34)

The WTW 34, with a revision date of 1/2024, is an informational notice that informs parents that it has been determined that continuing to receive CalWORKs will assist in the reunification of their family. It also notifies them that they are eligible to continue receiving CalWORKs cash aid and services through the Welfare-to-Work program for up to six months while working toward family reunification.

The WTW 34 must be used to document the agreed-upon pathway selected for receiving CalWORKs WTW services and for the reunification of the child(ren) with the family.

The Partnership Employment Counselor (EC) must complete and provide the WTW 34 to the AB 135 participant when it is decided that CalWORKs WTW services will be provided as part of a FR plan or Welfare-To-Work Plan Activity Assignment (WTW 2). If WTW services are provided to the client as part of a WTW 2 plan, then it must be clarified by checking the appropriate box on the WTW 34 that the WTW services will be offered as part of a CalWORKs WTW plan.

The WTW 34, with a revision date of 1/2024, is available in both the CalSAWS Template Repository and the DEBS Forms Library. This version includes a reference indicating the county has determined continuing cash aid will assist the family with reunification. Therefore, this version must only be used for FR-AB 135 participants.

Note: Participants who are receiving FR services only should use the 4/2004 version of the WTW 34. This older version was removed from CalSAWS and is available in the DEBS Forms Library and is titled “WTW_34_EN_04_2004.”

WTW Participation

Once DFCS or a court determines that FR is necessary, and upon notification from DFCS that a child(ren) have been removed from the home, the family must be engaged as soon as possible.

Consistent with existing WTW rules, adults are required to participate in WTW activities as a condition of eligibility for cash aid, unless they are exempt, granted good cause, or deferred from participation while in Family Services.

CalWORKs recipients who are exempt from WTW participation, and who then have a FR plan with DFCS, may voluntarily participate and receive the necessary WTW services to assist them in reunification.

WTW Plan

Using the FR plan as a guide, an integrated WTW 2 will be developed by the Partnership EC in collaboration with the FR participant. The WTW 2 will include WTW activities, such as mental health, substance abuse treatment, or any other activities allowable under CalWORKs, and will specify any supportive services needed for the client to successfully participate in their assigned activities and work towards reunification.

Supportive Services

Supportive services must be provided for the duration of the reunification plan when DFCS or a court has determined they are necessary for reunification, or whenever a reunification parent(s) needs these services to participate in their FR plan.

Diaper Payments

Diaper payment eligibility requires the parent to maintain care and control of the child; therefore, FR cases are not eligible to receive diaper payments.

Child Care

Children of families participating in FR may receive child care through CalWORKs when placed in out-of-home care, if it is deemed necessary for reunification by DFCS or a court, and a reunification plan is in effect. This ensures continuity of care for children who are already receiving child care, or allows them to begin receiving child care if deemed necessary for reunification. Children do not need to have been receiving CalWORKs child care prior to placement in out-of-home care, but the reunification plan must specify that child care is necessary for reunification in order for FR families to qualify for child care services.

CWES Sanctioned Clients

Any WTW sanctions previously imposed to a CalWORKs case prior to the removal of the child(ren) from the home will remain in effect during the family’s participation in FR, unless the sanction is resolved. Sanctioned AB 135 parents should be encouraged to resolve their sanction, as they are not eligible for their portion of cash aid until their sanction has ended and the parent has been added back to the family.

Resolving Sanctions

Regardless of the reason for a Common Case participant’s WTW sanction, they are eligible to have the sanction lifted in one day by attending and completing a WTW Orientation/Appraisal. Upon completion of the orientation, the client will be assigned to an EC. The Plan to Meet Welfare-to-Work Rules and Get My Cash Aid Back (WTW 29) is completed for Orientation and/or Appraisal activity(ies) and is eligible for a one-day sanction lift.

CWES Noncooperation

AB 135 participants who have signed the WTW 2 but fail to adhere to their WTW plan are at risk of having noncompliance initiated. Before initiating noncompliance, each case must be thoroughly reviewed and assessed to determine if good cause is warranted.

Note: ECs should refer to CWES’ internal workflows for detailed processes regarding FR participants and noncooperation.

WTW Good Cause

If an individual is required to participate in other activities as part of their FR plan, and it prevents or impairs the individual’s ability to meet WTW participation hours, they must be granted good cause for non-participation in their WTW activities.

Extension of 6-Month Period

Although cash aid for AB 135 participants is limited to a maximum of six months from the time it is granted and may not be extended, FR services only may continue if a good cause extension is granted. A good cause extension can be granted if it is assessed that more time is needed to fulfill the reunification plan, provided that the family remains eligible for CalWORKs following the six-month good cause redetermination.

On the CalSAWS Family Reunification Detail page, the EW must mark Good Cause to Extend Services. Refer to Chewable Byte 23-59: How to Process Family Reunification Case for CalSAWS entries.

Questions & Answers

Can children be aided on two CalWORKs cases at the same time?
1. Answer: No. When CalWORKs FR cash aid is approved, the needs of all CalWORKs-eligible children removed from the home are included in the CalWORKs FR parent(s)' AU. The children's needs may not be included in another CalWORKs case.
Are Non-Needy and/or Needy Caretaker Relatives eligible for CalWORKs FR cash aid and services?
1. Answer: Non-needy caretaker relatives are not eligible for CalWORKs FR. A needy caretaker relative is only eligible for CalWORKs FR if they were a member of the same family as the parent(s) and child(ren) when the child(ren) were removed from the home. Additionally, the DFCS must determine that providing FR cash aid and services to the needy caretaker relative is necessary for reunifying the parent(s) and child(ren) and would need to be specified in the reunification plan.
If a child is placed with a needy relative caregiver, can the needy relative caregiver be eligible for CalWORKs cash aid, if not already receiving CalWORKs cash aid?
1. Answer: Yes. A needy caretaker relative of a child receiving federal, state, or local Foster Care maintenance payments is eligible for CalWORKs for themselves as an AU of one. The needy caretaker would be eligible for cash aid and services and would not be considered a CalWORKs FR recipient.
  1. A child who is part of a CalWORKs FR family is ineligible for CalWORKs cash aid in the needy relative caregiver's CalWORKs case because their needs are already being considered in the CalWORKs FR grant; however, the child may be eligible for Foster Care payments.
A CalWORKs parent with an active FR plan has their newborn removed from them upon birth. Is the newborn added to the FR plan and the CalWORKs grant?
1. Answer: If DFCS or a court adds the newborn to the existing reunification plan, then the newborn’s needs must be added to the family after all verification have been provided to the EW under existing CalWORKs rules.
2. Reminder: The Statement of Facts to Add a Child Under Age 16 (CW 8A) must be completed to add the newborn to the existing case. Existing processes to add a child to the family unit mid-period remain applicable.
If a CalWORKs family has all children removed from the home except for a child receiving Supplemental Security Income (SSI)/State Supplemental Payment (SSP), would the family be eligible for CalWORKs FR?
1. Answer: Yes, the family would be eligible for CalWORKs FR if DFCS or a court recommends CalWORKs FR cash aid and/or services in the FR plan, because all the CalWORKs-eligible children were removed from the home. A child receiving SSI/SSP is excluded from the grant calculation.
How would an existing CalWORKs FR case be impacted when the parent gives birth and that baby is not removed from the home? Would the family still be eligible for CalWORKs FR?
1. Answer: To be eligible for CalWORKs FR cash aid and services, all CalWORKs-eligible children must be removed from the home and placed in out-of-home care. There cannot be additional CalWORKs-eligible children in the home, whether at the time of establishing CalWORKs FR eligibility or subsequently. In this case, the family would no longer be eligible for CalWORKs FR. The newborn would be added to the family, as well as any other members who are subject to mandatory inclusion rules, such as the newborn’s other parent. The family will transition from a 4P/4R aid code to the appropriate CalWORKs aid code. The children who have been removed from the home will not be included in the family’s grant calculation.
If FR cash aid and services were recommended for both parents, but one parent moved out of the home, can a separate FR case be set up for the parent who moved out?
1. Answer: No. The parent who moved out of the home is no longer a part of the household and cannot receive CalWORKs FR cash aid or services on a separate FR case. However, the parent who moved out can continue to receive FR services through DFCS.
2. ExampleExample A CalWORKs case with two parents and a child. The child was removed from both parents on 12/22/24 and placed into Foster Care. They did not complete the 11/2024 SAR 7 due in 12/2024, so the CalWORKs case was closed. FR cash aid and services were recommended for both parents on 01/16/25. The mother completed the SAR 7 on 01/17/25 and reported that the father is out of the home effective 01/01/25. The father would not be aided once CalWORKs FR begins for the mother and child.