On May 16, 2019, the California Department of Social Services (CDSS) released, and the California Department of Health Care Services (DHCS) signed on to, All County Letter (ACL) No. 19-45 to emphasize the obligations that County Welfare Departments (CWDs) owe people with disabilities accessing the gamut of social service programs administered locally. Disability Rights Education and Defense Fund (DREDF) along with a coalition of legal service advocates across the state have been working on this effort since 2008.
This major step forward in the fight to ensure access to life-sustaining benefits stems from a complaint filed by DREDF in collaboration with long-time public benefits and disability rights advocates, with the U.S. Department of Health and Human Services, Office of Civil Rights. The complaint addressed the failures of CDSS and DHCS to adequately monitor the administration of public benefits for compliance with disability civil rights laws at the county level.
The ACL specifically affirms the rights of applicants and beneficiaries to reasonable accommodations and effective communications in California Work Opportunity and Responsibility to Kids (CalWORKs); In-Home Supportive Services (IHSS); Cash Assistance Program for Immigrants (CAPI); and Medi-Cal. The ACL is monumental in part because it recognizes CWDs responsibility to identify people who may benefit from reasonable accommodations instead of conventionally relying on a request to trigger the right.
The ACL is one of many the CDSS has agreed to release moving forward, and DHCS will be issuing additional ACLs regarding the Medi-Cal program. We invite and encourage advocates to work with us to ensure appropriate implementation and monitoring of these essential obligations.
Anyone interested in joining this effort should contact DREDF Staff Attorney, Sydney Pickern at spickern@dredf.org.