Noncompliance - Curing a Sanction

Curing Rules

A sanctioned client can come in to stop a sanction at any time. The requirements to cure a financial sanction are the same regardless of whether it is before or after the sanction is imposed.

Curing when Meeting Temporary Assistance for Needy Families (TANF) Federal WPR

A CalWORKs individual who is in WTW sanction status and discovered, either during the monthly federal WPR sample review or during any other time, to be meeting federal WPR, the sanction is to be automatically cured; and aid is to be restored the first of the following month following the month in which it was discovered WPR is being met. The provision to be assigned to the previous activity from where client became sanctioned, or to complete the 30-day curing period or end of activity, whichever is sooner, does not apply.

Note: Distance Learning only, for the federal WPR sample month, would not be considered as an activity that the client would be scheduled to meet outside of the sample month; and is therefore not an allowable activity for the purpose of the automatic lift. Allowable activities include employment and school.

When the sanction is lifted, the client can sign a "Welfare to Work Plan Activity Assignment" (WTW 2) Plan while in the office or the WTW 2 Plan can be mailed to client with instructions to return signed plan, along with any supporting verification, such as employment verification.

Curing Period

There is no minimum sanction period for a client to come in and cure a financial sanction; however, before cash aid can be restored, individuals must satisfactorily participate in the activity(ies) specified on the WTW 29 until completed, or up to a maximum of 30 calendar days, whichever is shorter.

“Plan to Meet Welfare to Work Rules and Get My Cash Aid Back” (WTW 29)

The WTW 29 must be signed by the client to indicate that they agree to complete the activities as described in the Plan to Meet WTW Rules and Get My Cash Aid Back, otherwise cash aid will not be increased. The WTW 29 can be completed in person or by mail. This form is used to inform clients of:

• Their rights and responsibilities pertaining to the plan,
• The activity they must perform to be able to receive aid again,
• The dates that the activity begins and ends, and
• The date that aid will be restored once the requirements have been met.

The curing period begins the date the client signs the WTW 29 in a face-to-face meeting or the date the county informed the individual by telephone (informing date) about the specifics of his or her curing plan. In CalSAWS, on the Activity Agreement Detail page of the WTW 29, enter date client signed the WTW 29 in the Signature Date field.

Note: The WTW 29 does NOT replace the “Welfare-to-Work Plan Activity Assignment” (WTW 2). A new WTW 2 must be signed and a WTW Plan entered into CalSAWS to reflect the activity(ies) that will continue once the sanction is lifted.

[Refer to "Noncompliance Process Guidance/Participant is Assigned to a Curing Sanction Activity - Curing Plan" for additional information.]

“Request to Meet Welfare to Work Rules to Get My Cash Aid Back” (WTW 31) and Contact Date

The WTW 31 instructs clients on the steps to get cash aid back, have aid restored, and begin participating in WTW activities again. The EC will mail a WTW 31 with the “Would You Like to Have Your Cash Aid Back” flyer (SCD 194). The WTW 31 will also be made available in district office lobbies.

Clients can also make a verbal request to cure a sanction to have their cash aid restored. The worker must document any verbal requests made by a client who wishes to have their cash aid restored. It is essential to document the date of the verbal request since this date controls when aid is restored once the client has successfully completed their “Plan to Meet Welfare to Work Rules and Get My Cash Aid Back” (WTW 29).

Scheduling Curing Plan Appointment

Once the client contacts the county, the county must schedule an appointment to meet with the individual to discuss and sign the Plan to Meet WTW Rules within 10 calendar days of:

• The date the client speaks with the county to inform them of his or her wish to get their cash aid back or
• The receipt date of the completed WTW 31 form.

Note: If the client fails to sign a Curing Plan within 10 calendar days of the contact date, then the next time the client makes contact, a new record of WTW program status Non-Comp with a Status Reason of In process of curing sanction would need to be added with a new Curing Contact Date in CalSAWS.

[Refer to "Noncompliance Process Guidance/Registering After a Sanction – Intent to Cure Sanction" for additional information.]

"Plan to Meet Welfare to Work Rules and Get My Cash Aid Back" (WTW 29)

When a client contacts the county to request their cash aid, the client MUST sign the WTW 29 indicating that he or she agrees to complete the activities on the “plan” before cash aid is restored.

If the activity lasts longer than 30 calendar days, the individual is considered to have met program requirements, after participating for up to 30 calendar days from the date that the plan is signed.

ExampleExample

WTW 29 by Phone

When a client is determined to have NO GOOD CAUSE for not participating in WTW activities, the cash aid is lowered. In these instances, a WTW 29 may be completed by telephone. If the individual agrees to a plan over the telephone, the EC must take the following steps:

• Update the WTW program status to Non-Comp with a Status Reason of In process of curing sanction, and enter the contact date in the Curing Contact Date field in CalSAWS. 
• Develop the WTW 29 by telephone.
• Inform the client of his or her requirements (assigned activity, provider location, starting and ending date of participation, etc.).

Note: The date on which the county informed the client about the specifics of his/her plan by telephone (informing date) is considered the date that the client signs the plan for purposes of beginning the maximum 30-calendar day curing period.

• Document in the Journal Detail page.
• Forward a copy of the WTW 29 to Imaging to be scanned.
• Mail two (2) copies of the WTW 29 to the client (one to sign and return and the other to keep for their records), including a self-addressed stamped envelope. The WTW 29 may be signed via DocuSign.

Note: The client must sign and return the plan to the county, postmarked or DocuSigned no later than the date indicated on the WTW 29 (10 calendar days from the “informing date” noted above) and participate as instructed by the county over the telephone and/or as noted on the WTW 29, or the cash aid remains lowered until he or she recontacts the county to start and complete the curing process.

• Receive the signed WTW 29 from the client.
• Document action taken in the Journal Detail page.
• Forward a copy of the signed WTW 29 to Imaging for scanning.
• Monitor that the client participates until the end of the activity or the 30 day maximum.

ExampleExample

If the client fails to sign and return the curing plan, postmarked no later than the return date indicated on the WTW 29, or fails to participate as agreed to over the telephone as noted on the WTW 29, the curing process failed and the client will remain sanctioned.

Activity Assignment for Plan to Meet WTW Rules and Get Cash Aid Back (WTW 29)

Use the charts below to assign an activity as part of the "Plan to Meet Welfare to Work Rules and Get My Cash Aid Back" (WTW 29):

[Refer to "Noncompliance Process Guidance/Participant is Assigned to a Curing Sanction Activity - Curing Plan" for additional information.]

Example

A sanction was imposed on a client who failed to attend the Assessment activity. She contacts the EC after being off of cash aid for a few months and indicates she wishes to cure her sanction. The client indicates that she wishes to find a job as soon as possible and wants to attend Supervised Job Search. The county may assign the individual to Supervised Job Search. In addition to the WTW 29, the county must develop a WTW 2 for the entire Supervised Job Search period. For purposes of curing, she is only required to attend Supervised Job Search for up to 30 days from the date she signed the WTW 29.

If she completes the 30 day curing period as required, her aid will be restored effective the first of the month following the date she contacted the county about curing her sanction. Although her sanction has been lifted, she will still need to continue participating the full duration of Supervised Job Search. If, however, she fails to attend during the 30-day curing period, without good cause, her sanction will continue until she contacts the county again to start and complete the curing process. If she does cure, then fails to participate again, the good cause/compliance/sanction process begins again.

Example

A client’s curing plan specifies that she must attend an assessment activity in order to comply with program requirements and have aid restored. The county determines it cannot schedule an assessment until 35 calendar days after the signing of the curing plan. At the point the county makes that determination, the individual is considered to have cured her sanction.

To comply with program requirements and avoid a new instance of noncompliance, the individual must then participate in an assessment, as assigned in writing. Except for individuals who are approved self-initiated programs, working for sufficient hours to meet their work participation requirement prior to assessment, or Senate Bill (SB) 1232 students, clients cannot be assigned to post-assessment activities until he or she goes through the CalWORKs assessment process.

Supportive Services During Curing

Supportive services must be provided as necessary, including advance payments, to clients who are participating in activities to cure a sanction. If the county cannot provide these services, the individual has good cause for not participating in the activities to cure a sanction and will be considered as having cured the sanction at the time the county determines it cannot provide the supportive services. If a client initiates the curing process after a sanction is imposed, cash aid is restored the first day of the month following the date the individual contacts the county to indicate he or she wants to cure.

Example

The county wishes to assign a client to a 30-day community service assignment to cure her sanction. The individual requires child care in order to participate. The county confirms that no child care is currently available and no openings are anticipated within 30 days from the sign date of the curing plan. Because the necessary child care is not available, the individual is considered to have cured her sanction and aid will be restored, effective the first of the month following the date she notifies her worker of her intent to cure.

Stopping a Sanction before Financial Penalty

Although a client can come in to cure a sanction at any time, an instance of noncompliance must be counted even if the individual corrects his or her participation problem after the 20-day period has passed, but before the sanction begins. When an individual did not agree to sign a compliance plan within the 20-day period, he or she must meet the requirements to cure a sanction even if the participation problem can be corrected prior to imposing the financial sanction. The client is required to sign the WTW 29.

[Refer to "Noncompliance Process Guidance/Participant Successfully Completes the Terms of the WTW 29" for additional information.]

The following table outlines the steps to take when a client comes in to cure a sanction after the 20-day period, but before the financial penalty is imposed.

Stopping a Sanction after a Financial Penalty

Use the following table to determine who will take the steps to cure a financial sanction after it is implemented and the client shows or contacts CWES district office staff.

Note: North and South county clients are to be referred to North and South county offices.

*If client is determined to be from North or South, CWES OD calls the District office to determine the next available orientation.

Successful Curing Plan

A client who completes the assignment as outlined on the WTW 29 will have their cash aid restored effective the first of the month following the date they contacted the county to cure the sanction. Refer to “Restoration of Cash Aid” (below).

Unsuccessful Curing Plan

If a client who has been sanctioned contacts the county to initiate curing and subsequently fails at any point to meet the curing requirements, without good cause, the sanction must continue until he or she contacts the county again to restart and complete the curing process. In this instance, the date the individual recontacts the county is the date in which the individual is considered starting the curing process.

The EC will issue the “Request to Meet Welfare to Work Rules to Get My Cash Aid Back” (WTW 31) and “Would You Like to Have Your Cash Aid Back” (SCD 194) to the client.

[Refer to "Noncompliance Process Guidance/Participant Fails to Start or Complete the Terms of the WTW 29" for additional information.]

ExampleExample

Restoration of Cash Aid

In cases when a client contacts the county to start the curing process after removed from cash aid, and the individual successfully completes the curing process as reflected on the WTW 29, cash aid is restored the first day of the month following the date that the individual contacted the county to indicate his or her desire to cure the sanction.

Example 1Example 1

Example 2Example 2

Note: When an ICT is received from another county, prior to having cash aid restored, the sanctioned individual must comply with CWES requirements.