Sanctions: Avoiding and Ending CalWORKs Sanctions

From CalWORKs | Welfare Resources

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Contents 1 Sanctions 2 Fighting Sanctions 3 Need More Help?

Sanctions

• What's a Sanction?

A sanction is when your aid is cut because your worker thinks you did not meet a CalWORKs requirement. This can be missing a meeting, not turning in proof that are going to your activity, or not doing the things listed in your welfare to work plan. You may have done what your worker wanted, but the proof got lost.

• How Do I Stop It?

There are three ways, but you must talk to your worker within 20 days of the notice that there is a problem.

1. Prove you did what the county wanted you to do.
2. Show you had "good cause." This means you had a good reason why you couldn’t do your assignment. (No child care? No transportation? Sick child? Court date? etc.)
3. Sign a “compliance plan.” If you had no good cause, you can stop a sanction by signing a plan on how you will meet your CalWORKs requirements. When you complete the plan, the proposed sanction is canceled.

• My Aid Was Already Cut!

You can end the sanction by agreeing to do the CalWORKs requirements. The county will have you sign a "cure" plan. The county should put you back on aid within 30 days of starting your "cure plan." (If this is your second or more sanction, you will have a minimum time your cash aid will be cut.)

• What to Look for

• The “Contact or Sanction” Notice

This is the first notice. It says to come to an appointment, or to call your worker. You can reschedule once for any reason, and any time you have "good cause." You have 20 days from the notice date to talk to your worker. If you don’t, the sanction will start 30 days from the date of the notice. This is your chance to show you met the rules, had good cause, or agree to sign a compliance plan.

• The No Good Cause Notice

Your worker didn’t think you had a good reason for not meeting your requirement. Disagree? Ask for a hearing!

• The Sanction Notice

This lists the date of your grant cut. It's not too late! Ask for a hearing.

• I Don't Want Aid Anymore!

Tell your worker in writing if you want to stop your family's cash aid. You should still fight any sanction you think is wrong, so if you need to go back on aid you won't have a grant cut and a record of having a sanction.

• Would I Want a Sanction?
  • Normally, sanctions are bad. You have less money and no support services (like transportation, books and supplies).
  • If the problem is a bad welfare-to-work plan, ask your worker to change it. Show how what you want to do is more likely to lead to a job or higher wages. This may solve the problem.
  • If you still can’t get what you want after a hearing, a sanction may be the only option to get the training you want.
  • Talk to a legal services advocate before the end of the "good cause" 20 days. The advocate can see if the county made a mistake and talk to you about options for child care if you are sanctioned.

Fighting Sanctions

• Ask for a state hearing if you think...
  • You met the rules and shouldn't be sanctioned.
  • You had good cause, but the county says you don't.
  • The county's "compliance" plan is unreasonable.
  • The county's "cure" plan is unreasonable.
  • The county won't restart your aid within 30 days of doing the cure plan.

Fill out the back of any Notice of Action or call (800) 952-5253.

• Ask for a hearing right away if the worker rejects your proof that you met the rules or had good cause. Tell your worker you will agree to a compliance plan if you lose your hearing. Put this in writing to your worker, and on your hearing request. The sanction will be delayed until you get the hearing decision. If you lose, you can sign a compliance plan and stop the sanction.

• Can’t do 32-35 hours? Ask for an exemption.

Need More Help?

For more legal help and information, you can use LawHelpCalifornia to contact a local legal advocate.