April 29, 2010

 

CalWORKs Program Guide (CPG) Letter No. 205

 

Subject

FINAL REGULATIONS ON STATE-FUNDED BENEFITS FOR VICTIMS OF HUMAN TRAFFICKING, DOMESTIC VIOLENCE OR OTHER SERIOUS CRIMES.

 

Reference

All County Information Notices (ACIN) I-27-09 and I-41-07.

All County Letters (ACL) ACL 09-49 and 08-15 and 06-60.

Manual of Policies and Procedures (MPP) sections 30, 40, 42, 49, 63, and 69.

 

Effective Date

Upon receipt.

 

Purpose

The Purpose of this letter is to provide information and instructions to staff regarding individuals who receive benefits and services under the Trafficking and Crime Victims Assistance Program (TCVAP).

 

And, to inform staff of:

 

·        Changes to the final regulations for Victims of Human Trafficking;

·        Circumstances when continued presence of the Trafficking Victim to remain in this country can be requested;

·        Revisions to the CalWORKs Program Guide (CPG) section 42-400.H;

·        CalWIN tracking requirements of Victims of Human Trafficking and other serious crimes. 

 

Background

SB 1569 became effective January 1, 2007 and created a new state program providing eligible, non-citizen victims of human trafficking and domestic violence or other serious crimes the same benefits and social services available to refugees.

 

·        ACL 06-60 (issued as CalWORKs Special Notice 07-03 on March 5, 2007), contained detailed information about the new law and provided implementation instructions.

·        ACIN I-41-07 (issued as joint CalWORKs/Food Stamps Special Notice 07-21) provides policy clarification and responses to questions regarding some of the issues pertaining to SB 1569.

 

Summary of Modifications

CPG section  42-400.H has been modified and loaded to the online CalWORKs Program Guide:

 

CPG Section

Title

Program Updates/Changes

42-400.H

“T” Visa for Trafficking Victims

Clarified what “Continued Presence” status is.

 

“U” Visa for Victims of Serious Crimes

Added SB 1569 requires that an applicant files a request for a U Visa.

 

Changes

As a result of public testimony, the California Department of Social Services (CDSS) amended the regulations on victims of human trafficking, domestic violence or other serious crimes. Changes to the final regulations include:

 

·        Continued presence in the country can only be requested by federal law enforcement. Continued presence means authorization for a trafficking victim to remain in the country to assist in the investigation or prosecution of traffickers.

·        Victims of human trafficking who are granted continued presence may assist local, state, and federal, law enforcement officials.

 

Refer to CPG section 42-400.H for detailed policy information regarding “U Visa Interim Relief” and for “Victims of Serious Crimes”.

 

Changes to the CPG are noted with highlighted text.

 

Worker Action

For funding purposes, workers are required to document in CalWIN Case Comments information regarding:

 

·        Applicants with a “T” Visa, “U” Visa or “U Visa Interim Relief”; and

·        Verifications provided, and

·        Date(s) of service.

 

Forms Impact

None.

 

Imaging Impact

None.

 

Food Stamp Program Impact

Refer to FSPG Letter # 547 and FSPG sections 63-155.13 for detailed policy information regarding “U Visa Interim Relief”, and 63-155.8 for Victims of Serious Crimes.

 

Automation Impact

These cases must be tracked in the CalWIN system.  Workers are required to select CW-Vict of Humn Traff/Sev Crms from the Special Indicator field on the Collect Case Special Indicators window in order to track these cases.

 

HHSA staff shall also complete the Domestic Abuse Summary, Collect Domestic Abuse Detail window for each impacted individual if there is “current” abuse occurring in the Household.

 

Note:  Human Trafficking and Crime Victims who are eligible for State benefits do not have to provide or apply for a Social Security Number.  Refer to BENDS 4317 for the CalWIN workaround to:

 

·        Change “Victims of Trafficking” from Federal to State funding; and

·        Activate a person without a SSN (Pseudo SSN).

 

ACCESS Impact

ACCESS Agents will provide updated information to clients about new or amended CalWORKs Regulations regarding the changes reflected in this CPG Letter.

 

QA Impact

QA will cite the appropriate error when the regulations cited in the material have not been followed.

 

Operations Impact

None.

 

Assistant Deputy Director

 

Original signed on 4/29/2010

 

 

Sylvia Melena

Assistant Deputy Director

Self-Sufficiency Programs

Strategic Planning & Operational Support