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Felony Conviction for Obtaining a Controlled Substance |
A young man applying for CalFresh states he had a
felony conviction for forgery. His
record says “felony conviction for obtaining a controlled substance by fraud.” The Department of Justice record does not
state if the controlled substance was for personal use or for sale. Furthermore, the client states that he was
writing prescriptions for his mother to obtain her pain medication. QUESTION Should this client be considered a drug
felon for CalFresh? If so, could he
get CalFresh or does he fall under the Welfare and Institutions (W&I)
Code 18901.3 that disallows him from getting CalFresh? ANSWER The client was illegally obtaining pain medication
for his mother. This action falls
under W&I Code 18901.3(b) because the client was convicted of
“furnishing, giving away, administering” a controlled substance by
distributing or supplying the substance to his mother through forgery. Consequently, he is ineligible for CalFresh
benefits. Section
63-164.2 specifies that persons convicted
of a felony involving an “element” of possession for distribution of a
controlled substance are ineligible for CalFresh. ACIN I-91-06 |
Felony Warrant from another State |
SCENARIO: A
client has an active felony warrant from the state of QUESTION: Since the warrant is not transferable, does it change the fact that he has an active felony warrant? ANSWER: No. The client is a “Fleeing Felon” and the regulations apply, thereby making him ineligible for CalFresh. Section 63-163.1. ACIN I-05-08 |
Divorce |
A CalFresh household consists of a 20 year-old mother with one eligible child. The mother and child share their household with the mother’s former stepfather. The former stepfather has confirmed that he was married to the client’s mother, but they have been divorced for at least five years. The SAWS 2 and all applicable paperwork claim that the mother and her child purchase and prepare separately from the former, now divorced, stepfather. QUESTION Does the divorce eliminate the requirement that this household be considered one household? ANSWER Yes, they can be considered
separate households based on the following reasoning: ·
Not
eating, purchasing, and preparing together.
According to Section 63-101.3, separate CalFresh household status may
be approved to: “An individual or group living with others who customarily
purchases food and prepares meals for home consumption separately from the
others.” ·
Per Section 63-101.4D, parents living with their natural,
adopted or stepchildren, or children living with their natural, adopted or
stepparents will not be considered separate households unless a child is: - 22 years of age or older and purchases and prepares meals separately from his/her parents, or - Participating in the other’s parent’s CalFresh household. Since the former stepparent is no longer married to the client’s mother, he is not responsible for the support of the child. ACIN
I-58-06 |
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SCENARIO: The County has dependency of the foster care
children; the foster care payment is being issued to the foster care
home. The mother was granted court
ordered visits. The children spend
four days and three nights a week with the mother and the rest of the week in
the foster care home. Starting on
August 3, the mother will have the children five days and four nights a
week. Foster care money is not
available to the children as the money is used for their needs when they are
in the foster care home. The foster
care family is not requesting CalFresh.
The mother needs assistance in caring for the children. QUESTION: Can the mother apply for and receive CalFresh
for her children if she has her children four days and three nights out of
the week? If so, would the foster care
payments follow the children and count as unearned income in the mother’s
case? What if the mother has the
children for five days and four nights a week? ANSWER: No. The mother is
not eligible to receive CalFresh benefits for the children because the
children are considered foster children placed in a foster care home
(Sections 63-101.7 and 63-101.9). ACIN I-41-10 |
Grandmother has Guardianship of two Grand-children; Children’s Mother Moves into the Household |
SCENARIO A grandmother has full care and control of two of her grandchildren. She provided a Letter of Guardianship, which
has been filed with the courts. The mother of the children moves back into her mother’s home and
applies for CalFresh. QUESTION Must the mother apply for herself and her two children? ANSWER The household composition is dependent upon state law regarding
parental rights, unless the guardianship is a foster care arrangement. Parental rights are not necessarily severed in a guardianship situation.
If the mother’s parental rights have not been terminated, all four
members would be considered one household.
The children and the natural mother must be in the same CalFresh
household if the children are under 22 years of age. All of this ties all four members together
as one household and the mother would have to include the children in her
application for CalFresh. If the grandmother’s guardianship included termination of the mother’s
parental rights, the mother would have to apply as a separate household if
she is purchasing and preparing separately. Ultimately, it would be up to the worker to determine
if parental rights had been severed by reviewing the court order. If the guardianship is a foster care arrangement,
the children are considered boarders. Foster care regulation overrides living with
the mother. In this situation, the
foster children (the grandchildren) may participate in CalFresh as part of
the grandmother’s household, at her request. The adult daughter would still be a separate
household, unless she is purchasing and preparing food with the grandmother. Sections 63-101.4 and 63-101.7. ACIN
I-05-08 and Errata |
Information of Probation Violation Provided by Law Enforcement |
SCENARIO A client who is on probation applies for CalFresh. The worker is informed by a law enforcement
officer that the client has an active arrest warrant for violation of his/her
probation. QUESTION Is evidence of an existing arrest warrant for violation of probation/
parole sufficient to discontinue or deny CalFresh without verification that
the violations have already been investigated and officially established by
the courts responsible for the supervision of probation? ANSWER Yes. If a law enforcement officer provides documentation indicating that a household member is fleeing to avoid prosecution or custody for a felony, or has violated a condition of probation or parole, the worker will discontinue or deny the CalFresh member. An active arrest warrant for “violation of probation or parole” is sufficient verification that the household member is in violation of his/her probation or parole. Sections 63-163.1-3. ACIN I-05-08 and Errata |
Adult Student Exerting Parental Control |
QUESTION A household consisting of a father attending college
full-time, a mother who is unemployed, and two children under six for whom
the mother provides the majority of care. Can the father be considered an
eligible student based on exerting parental control of a household member under
age six (Section
63-162.4B)? If so, can he also qualify for the work
registration exemption based on half-time school attendance as explained in Section
63-158.3? ANSWER No. The father is not an eligible student based on
assertion of parental authority. This
criterion is only met if the student provides the majority of child care for
children in the household under age 6.
In this situation, the mother provides the majority of care. The
father cannot claim the work registration exemption based on half-time school
attendance unless he meets one the of the other student eligibility criteria
at Section
63-63-162.4. ACIN I-73-04 |
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