11250. Aid, services, or both shall be granted under the provisions
of this chapter, and subject to the regulations of the department,
to families with related children under the age of 18 years, except
as provided in Section 11253, in need thereof because they have been
deprived of parental support or care due to:
(a) The death, physical or mental incapacity, or incarceration of
a parent.
(b) The unemployment of a parent or parents.
(c) Continued absence of a parent from the home due to divorce,
separation, desertion, or any other reason, except absence occasioned
solely by reason of the performance of active duty in the uniformed
services of the United States. "Continued absence" exists when the
nature of the absence is such as either to interrupt or to terminate
the parent's functioning as a provider of maintenance, physical care,
or guidance for the child, and the known or indefinite duration of
the absence precludes counting on the parent's performance of the
function of planning for the present support or care of the child. If
these conditions exist, the parent may be absent for any reason, and
may have left only recently or some time previously.
11250.4. Aid under this chapter shall not be payable to an
assistance unit if a caretaker relative is, on the last day of the
month, participating in a strike, unless the strike is necessitated
by an imminent health and safety hazard or abnormally dangerous
working conditions at the place of employment as determined by the
Division of Occupational Safety and Health, or a lockout as defined
in Section 1132.8 of the Labor Code. For the purposes of this
section, a strike necessitated by an imminent health and safety
hazard or abnormally dangerous working condition shall last only so
long as necessitated by the imminent hazard or abnormally dangerous
working condition. If an individual other than a caretaker relative
is participating in a strike, as defined in this section, on the last
day of the month, subject to the exceptions and their limitations
set forth in this section, that individual's needs shall not be
included in determining the amount of aid payable to the assistance
unit for the month during which the individual is participating in
the strike on the last day of that month.
11250.6. Except where inconsistent with federal laws, the income of
any person under a contract of employment on an annual basis but who
works and receives income from such contract in fewer than 12
months, but more than eight months, shall be prorated over the period
of the contract for the purposes of this chapter.
11250.7. Except where inconsistent with federal law, the salary of
a full-time certificated employee of a school district shall be
prorated over a 12-month period for the purposes of determining
eligibility for aid under this chapter.
11250.8. If an applicant for, or recipient of, benefits pursuant to
this chapter receives one or more educational loans or grants, for
purposes of determining availability of income, that person's
educational expenses shall not be applied to any educational loans or
grants which, under federal or state law, are totally exempt from
consideration as income for purposes of determining eligibility for
benefits under this chapter.
11251.3. (a) An individual shall be ineligible for aid under this
chapter if the individual has been convicted in state or federal
court after December 31, 1997, including any plea of guilty or nolo
contendere, of any offense classified as a felony and that has as an
element of the possession, use, or distribution of a controlled
substance, defined in Section 102(6) of the Controlled Substance Act
(21 U.S.C. Sec. 802(6)).
(b) For a family receiving aid under this chapter that includes an
individual who is ineligible pursuant to subdivision (a), a county
shall issue vouchers or vendor payments for at least rent and
utilities payments.
11251.3. (a) An individual shall be ineligible for aid under this
chapter if the individual has been convicted in state or federal
court after December 31, 1997, including any plea of guilty or nolo
contendere, of a felony that has as an element the possession, use,
or distribution of a controlled substance, defined in Section 102(6)
of the Controlled Substances Act (21 U.S.C. Sec. 802(6)) or Division
10 (commencing with Section 11000) of the Health and Safety Code.
(b) For a family receiving aid under this chapter that includes an
individual who is ineligible pursuant to subdivision (a), a county
shall issue vouchers or vendor payments for at least rent and
utilities payments.
11253. (a) Except as provided in subdivision (b), aid shall not be
granted under this chapter to or on behalf of any child who has
attained 18 years of age unless all of the following apply:
(1) The child is less than 19 years of age and is attending high
school or the equivalent level of vocational or technical training on
a full-time basis.
(2) The child can reasonably be expected to complete the
educational or training program before his or her 19th birthday.
(b) On and after January 1, 2012, aid shall be granted under this
chapter to or on behalf of any nonminor dependent, as defined in
subdivision (v) of Section 11400, if the nonminor dependent is placed
in the approved home of a relative under the supervision of the
county child welfare or probation department or Indian tribe that has
entered into an agreement pursuant to Section 10553.1, and the
nonminor dependent otherwise is eligible pursuant to Section 11403.
11253.3. (b) The nonminor dependent shall continue to receive the
same grant amount as a CalWORKs grant recipient in an assistance unit
of one, pursuant to the amount set forth in Section 11450. Any
changes to the CalWORKs grant amount shall also apply to the nonminor
dependent's grant.
11253.5. (a) All children in an assistance unit for whom school
attendance is compulsory, except individuals who are eligible for the
Cal-Learn program under Article 3.5 (commencing with Section 11331)
and children subject to a county school attendance project under
Article 2 (commencing with Section 18236) of Chapter 3.3 of Part 6,
shall be required to attend school.
(b) Applicants for and recipients of aid under this chapter shall
be informed of the attendance requirement and it shall be included in
the recipient's welfare-to-work plan under Section 11325.21.
(c) A recipient shall cooperate in providing the county with
documentation routinely available from the school or school district
of regular attendance of all applicable children in the assistance
unit when the county determines it is appropriate.
(d) If it is determined by the county that any eligible child
under the age of 16 years is not regularly attending school as
required, the needs of all adults in the assistance unit shall not be
considered in computing the grant of the family under Section 11450
unless it has been determined by the county that good cause exists.
(e) If it is determined by the county that any child in the
assistance unit who is age 16 years or older is not regularly
attending school as required, or participating pursuant to a
welfare-to-work plan, the needs of the child shall not be considered
in computing the grant of the family under Section 11450 unless it
has been determined by the county that good cause exists.
11254. (a) Subject to subdivision (b), in the case of any
individual who is under the age of 18 years and has never married,
and who is pregnant or has a dependent child in his or her care:
(1) The individual may receive aid under this chapter for the
individual and the child, if otherwise eligible, only if the
individual and child reside in a place of residence maintained by a
parent, legal guardian, or other adult relative of the individual as
the parent's, guardian's, or adult relative's own home, or in another
adult-supervised supportive living arrangement.
(2) The aid, where possible, shall be provided to the parent,
legal guardian, or other adult relative on behalf of the individual.
(b) Subdivision (a) does not apply in any of the following
circumstances:
(1) The individual has no parent or legal guardian of his or her
own who is living or whose whereabouts are known.
(2) No living parent or legal guardian of the individual allows
the individual to live in the home of the parent or guardian.
(3) It is determined by the child protective services worker that
the physical or emotional health or safety of the individual or child
would be jeopardized if the individual and child lived in the same
residence with the individual's own parent, legal guardian or other
adult relative.
(4) The individual lived apart from his or her parent or legal
guardian for a period of at least one year before either the birth of
any such child or the individual having made application for aid
under this chapter.
(5) It is determined in accordance with federal regulations that
there is good cause for waiving subdivision (a).
11256. For the purposes of this chapter only, the ownership of
stock in a water company not appurtenant to the land shall be
considered real property to the extent of and in the amount necessary
to obtain water for agricultural purposes.
11257. (a) No aid under this chapter shall be granted or paid for
any child who has real or personal property, the combined market
value reduced by any obligations or debts with respect to this
property of which exceeds one thousand dollars ($1,000), or for any
child or children in one family who have, or whose parents have, or
the child or children and parents have, real and personal property
the combined market value reduced by any obligations or debts with
respect to this property which exceeds one thousand dollars ($1,000).
For purposes of this subdivision, real and personal property shall
be considered both when actually available and when the applicant or
recipient has a legal interest in a liquidated sum and has the legal
ability to make that sum available for support and maintenance.
(b) Notwithstanding subdivision (a) above, an applicant or
recipient may retain the following:
(1) Personal or real property owned by him or her, or in
combination with any other person, without reference to its value, if
it serves to provide the applicant or recipient with a home. If the
basic home is a unit in a multiple dwelling, then only that unit
shall be exempt.
For the purposes of paragraph (1), if an applicant has entered
into a marital separation for the purpose of trial or legal
separation or dissolution, real property which was the usual home of
the applicant shall be exempt for three months following the end of
the month in which aid begins. If the recipient was receiving aid
when the marital separation occurred, the period of exemption shall
be three months following the end of the month in which the
separation occurs. To remain exempt following this three-month
period, the home must be occupied by the recipient, or be unavailable
for use, control, and possession due to legal proceedings affecting
a property settlement or sale of the property.
(2) Personal property consisting of one automobile with maximum
equity value as permitted by federal law.
(3) In addition to the foregoing, the director may at his or her
discretion, and to the extent permitted by federal law, exempt other
items of personal property not exempted under this section.
11257. (a) To the extent not inconsistent with Sections 11265.1,
11265.2, 11265.3, and 11004.1, no aid under this chapter shall be
granted or paid for any child who has real or personal property, the
combined market value reduced by any obligations or debts with
respect to this property of which exceeds one thousand dollars
($1,000), or for any child or children in one family who have, or
whose parents have, or the child or children and parents have, real
and personal property the combined market value reduced by any
obligations or debts with respect to this property which exceeds one
thousand dollars ($1,000).
For purposes of this subdivision, real and personal property shall
be considered both when actually available and when the applicant or
recipient has a legal interest in a liquidated sum and has the legal
ability to make that sum available for support and maintenance.
(b) Notwithstanding subdivision (a) above, an applicant or
recipient may retain the following:
(1) Personal or real property owned by him or her, or in
combination with any other person, without reference to its value, if
it serves to provide the applicant or recipient with a home. If the
basic home is a unit in a multiple dwelling, then only that unit
shall be exempt.
For the purposes of paragraph (1), if an applicant has entered
into a marital separation for the purpose of trial or legal
separation or dissolution, real property which was the usual home of
the applicant shall be exempt for three months following the end of
the month in which aid begins. If the recipient was receiving aid
when the marital separation occurred, the period of exemption shall
be three months following the end of the month in which the
separation occurs. To remain exempt following this three-month
period, the home must be occupied by the recipient, or be unavailable
for use, control, and possession due to legal proceedings affecting
a property settlement or sale of the property.
(2) Personal property consisting of one automobile with maximum
equity value as permitted by federal law.
(3) In addition to the foregoing, the director may at his or her
discretion, and to the extent permitted by federal law, exempt other
items of personal property not exempted under this section.
11257.5. Notwithstanding the property limitations in subdivision
(a) of Section 11257, a family may retain, for nine months, real
property if the family is making a good faith effort to sell the real
property. However, any aid payable to the family for the nine-month
period shall be conditioned upon the sale. At the time of the sale
any aid payments made during the nine-month period shall be
considered overpayments to the extent they would not have been made
had the sale occurred at the beginning of the nine-month period.
Notwithstanding Section 11004 overpayments shall be recouped from the
proceeds of the sale. If the real property has not been sold at the
end of the nine-month period, the family shall be ineligible for aid
if the combined net value of the real and personal property owned by
the family exceeds the one thousand dollar ($1,000) limitation in
Section 11257.
Notwithstanding Section 11007 as a condition to the granting of
aid pursuant to this section, the family shall grant the county a
lien upon the real property as security for the aid to be paid. The
lien shall be used to recoup any overpayments incurred pursuant to
this section. Notwithstanding any other provision of law, the lien
shall not be enforceable by the sale of the secured property by the
county. The lien of the county shall be paid upon the sale of the
property.
The department shall define good faith effort in regulation.
11259. For the purposes of this chapter, "personal property" shall
not include the value of property belonging to an absent parent and
not available to the family.
11260. A child's share of any estate, which share has not been
distributed and of which he has no present economic use, does not
constitute property for the purpose of this chapter.
11263. Except as provided in Sections 11253 and 11455, no person
over the age of 18 years is a needy child within the meaning of this
chapter.
11263.5. Notwithstanding any other provision of this chapter, a
child living with his or her parent, where the parent is a minor and
a recipient of foster care pursuant to Article 5 (commencing with
Section 11400), is not an eligible child within the meaning of this
chapter for the purpose of payment of AFDC benefits other than
AFDC-FC benefits.
11264. No child maintained in an institution, for whom a bona fide
offer of a proper home has been made, is eligible for further aid;
but no institution shall be required to surrender a child to any
person of religious faith different from that of the child or the
parents of the child.
11265. (a) The county shall redetermine eligibility annually. The
county shall at the time of the redetermination, and may at other
intervals as may be deemed necessary, require the family to complete
a certificate of eligibility containing a written declaration of the
information that may be required to establish the continuing
eligibility and amount of grant pursuant to Section 11004.
(b) The certificate shall include blanks wherein shall be stated
the names of all children receiving aid, their present place of
residence, the names and status of any other adults living in the
home, the name, and if known, the social security number and present
whereabouts of a parent who is not living in the home, and any
outside income that may have been received through employment, gifts,
or the sale of real or personal property.
Each adult member of the family shall provide, under penalty of
perjury, the information necessary to complete the certificate.
(c) If the certificate is mailed to the family, it shall be
accompanied by a stamped envelope for its return. In the event the
certificate is not completed and returned within 10 days after it is
mailed or personally delivered to the family, a home visit or other
personal meeting shall be made to or with the family, and the
certificate shall then be completed with the assistance of the
eligibility worker, if needed.
The department may adopt regulations providing for waiver of the
deadline for returning the completed certificate when the recipient
is considered to be mentally or physically unable to meet the
deadline.
11265.1. (a) Except as provided in Section 11265.5, in addition to
the requirement for the annual redetermination of eligibility, the
department shall establish regulations consistent with federal law to
implement a recipient monthly reporting system for use in
determining monthly eligibility and the amount of the grant. The
department shall define what constitutes a complete report and shall
specify the deadlines for submitting a complete report, as well as
the consequences of, and good cause for, failure to submit a complete
report. The department shall adopt fair and equitable regulations
implementing the monthly reporting requirement.
(b) This section shall become inoperative on the date that the
director executes a declaration stating that Section 11265.2, as
added by the act adding this subdivision, is fully implemented
statewide, and shall be repealed on January 1 of the year following
the year in which it becomes inoperative.
11265.1. (a) In addition to the requirement for an annual
redetermination of eligibility, counties shall redetermine recipient
eligibility and grant amounts on a quarterly basis using prospective
budgeting. Counties shall use the information reported on a recipient'
s quarterly report form to prospectively determine eligibility and
grant amount for the following quarterly reporting period.
(b) A quarterly reporting period shall be three consecutive
calendar months. The recipient shall submit one quarterly report form
for each quarterly reporting period. Counties shall provide a
quarterly report form to recipients at the end of the second month of
the quarterly reporting period, and recipients shall return the
completed quarterly report form with required verification to the
county by the 11th day of the third month of the quarterly reporting
period.
(c) Counties may establish staggered quarterly reporting cycles
based on factors established or approved by the department,
including, but not limited to, application date or case number.
(d) The quarterly report form shall be signed under penalty of
perjury, and shall include only information necessary to determine
CalWORKs and food stamp eligibility and calculate the CalWORKs grant
amount and food stamp allotment, as specified by the department. The
form shall be as comprehensible as possible for recipients and shall
require recipients to provide the following:
(1) Information about income received during the second month of
the quarterly reporting period.
(2) Information about income that the recipient anticipates
receiving during the following quarterly reporting period.
(3) Any other changes to facts required to be reported, together
with any changes to those facts that the recipient anticipates will
occur. The recipient shall provide verification as specified by the
department with the quarterly report form.
(e) A quarterly report form shall be considered complete if the
following requirements, as specified by the department, are met:
(1) The form is signed no earlier than the first day of the third
month of the quarterly reporting period by the persons specified by
the department.
(2) All questions and items pertaining to CalWORKs and food stamp
eligibility and grant amount are answered.
(3) Verification required by the department is provided.
(f) If a recipient fails to submit a complete quarterly report
form, as defined in subdivision (e), by the 11th day of the third
month of the quarterly reporting period, the county shall provide the
recipient with a notice that the county will terminate benefits at
the end of the month. Prior to terminating benefits, the county shall
attempt to make personal contact to remind the recipient that a
completed report is due, or, if contact is not made, shall send a
reminder notice to the recipient no later than five days prior to the
end of the month. Any discontinuance notice shall be rescinded if a
complete report is received by the first working day of the first
month of the following quarterly reporting period.
(g) The county may determine, at any time prior to the last day of
the calendar month following discontinuance for nonsubmission of a
quarterly report form, that a recipient had good cause for failing to
submit a complete quarterly report form, as defined in subdivision
(e), by the first working day of the month following discontinuance.
If the county finds a recipient had good cause, as defined by the
department, it shall rescind the discontinuance notice. Good cause
exists only when the recipient cannot reasonably be expected to
fulfill his or her reporting responsibilities due to factors outside
of the recipient's control.
11265.2. (a) The grant amount a recipient shall be entitled to
receive for each month of the quarterly reporting period shall be
prospectively determined as provided by this section. If a recipient
reports that he or she does not anticipate any changes in income
during the upcoming quarter, compared to the income the recipient
reported actually receiving on the quarterly report form, the grant
shall be calculated using the actual income received. If a recipient
reports that he or she anticipates a change in income in one or more
months of the upcoming quarter, the county shall determine whether
the recipient's income is reasonably anticipated. The grant shall be
calculated using the income that the county determines is reasonably
anticipated in each of the three months of the upcoming quarter.
(b) For the purposes of the quarterly reporting, prospective
budgeting system, income shall be considered to be "reasonably
anticipated" if the county is reasonably certain of the amount of
income and that the income will be received during the quarterly
reporting period. The county shall determine what income is
"reasonably anticipated" based on information provided by the
recipient and any other available information.
(c) If a recipient reports that their income in the upcoming
quarter will be different each month and the county needs additional
information to determine a recipient's reasonably anticipated income
for the following quarter, the county may require the recipient to
provide information about income for each month of the prior quarter.
(d) Grant calculations pursuant to subdivision (a) may not be
revised to adjust the grant amount during the quarterly reporting
period, except as provided in Section 11265.3 and subdivisions (e),
(f), (g), and (h), and as otherwise established by the department.
(e) Notwithstanding subdivision (d), statutes and regulations
relating to (1) the 60-month time limit, (2) age limitations for
children under Section 11253, and (3) sanctions and financial
penalties affecting eligibility or grant amount shall be applicable
as provided in such statutes and regulations. Eligibility and grant
amount shall be adjusted during the quarterly reporting period
pursuant to such statutes and regulations effective with the first
monthly grant after timely and adequate notice is provided.
(f) Notwithstanding Section 11056, if an applicant applies for
assistance for a child who is currently aided in another assistance
unit, and the county determines that the applicant has care and
control of the child, as specified by the department, and is
otherwise eligible, the county shall discontinue aid to the child in
the existing assistance unit and shall aid the child in the applicant'
s assistance unit effective as of the first of the month following
the discontinuance of the child from the existing assistance unit.
(g) If the county is notified that a child for whom CalWORKs
assistance is currently being paid has been placed in a foster care
home, the county shall discontinue aid to the child at the end of the
month of placement. The county shall discontinue the case if the
remaining assistance unit members are not otherwise eligible.
(h) If the county determines that a recipient is no longer a
California resident, pursuant to Section 11100, the recipient shall
be discontinued. The county shall discontinue the case if the
remaining assistance unit members are not otherwise eligible.
11265.3. (a) In addition to submitting the quarterly report form as
required in Section 11265.1, during the quarterly reporting period,
a recipient shall report the following changes to the county orally
or in writing, within 10 days of the change:
(1) The receipt at any time during a quarterly reporting period of
income, as provided by the department, in an amount that is likely
to render the recipient ineligible, as provided by the department.
(2) The occurrence at any time during a quarterly reporting period
of a drug felony conviction as specified in Section 11251.3.
(3) The occurrence, at any time during a quarterly reporting
period, of an individual fleeing prosecution or custody or
confinement, or violating a condition of probation or parole as
specified in Section 11486.5.
(b) Counties shall inform each recipient of the duty to report
under paragraph (1) of subdivision (a), the consequences of failing
to report, and the amount of income likely to render the family
ineligible for benefits no less frequently than once per quarter.
(c) When a recipient reports income pursuant to paragraph (1) of
subdivision (a) the county shall redetermine eligibility and grant
amounts as follows:
(1) If the recipient reports a change for the first or second
month of a current quarterly reporting period, the county shall
verify the report and determine if the recipient is financially
ineligible. If the recipient is determined to be financially
ineligible based on this income, the county shall discontinue the
recipient after timely and adequate notice in accordance with rules
applicable to the federal Food Stamp program.
(2) If the recipient reports a change for the third month of a
current quarterly reporting period, the county shall not redetermine
eligibility for the current quarterly reporting period, but shall
redetermine eligibility and grant amount for the following quarterly
reporting period as provided in Section 11265.2.
(d) (1) During the quarterly reporting period, a recipient may
report to the county, orally or in writing, any changes in income or
household circumstances that may increase the recipient's grant.
(2) Counties shall act upon changes in income reported during the
quarterly reporting period that result in an increase in benefits,
after verification specified by the department is received. Reported
changes in income that increase the grant shall be effective for the
entire month in which the change is reported. If the reported change
in income results in an increase in benefits, the county shall issue
the increased benefit amount within 10 days of receiving required
verification.
(3) (A) When a decrease in gross monthly income is voluntarily
reported and verified, the county shall redetermine the grant for the
current month and any remaining months in the quarterly reporting
period by averaging the actual gross monthly income reported and
verified from the voluntary report for the current month and the
gross monthly income that is reasonably anticipated for any future
month remaining in the quarterly reporting period.
(B) When the average is determined pursuant to subparagraph (A),
and a grant amount is calculated based upon the averaged income, if
the grant amount is higher than the grant currently in effect, the
county shall revise the grant for the current month and any remaining
months in the quarter to the higher amount and shall issue any
increased benefit amount as provided in paragraph (2).
(4) Except as provided in subdivision (e), counties shall act only
upon changes in household composition voluntarily reported by the
recipients during the quarterly reporting period that result in an
increase in benefits, after verification specified by the department
is received. If the reported change in household composition is for
the first or second month of the quarterly reporting period and
results in an increase in benefits, the county shall redetermine the
grant effective for the month following the month in which the change
was reported. If the reported change in household composition is for
the third month of a quarterly reporting period, the county shall
not redetermine the grant for the current quarterly reporting period,
but shall redetermine the grant for the following reporting period
as provided in Section 11265.2.
(e) During the quarterly reporting period, a recipient may request
that the county discontinue the recipient's entire assistance unit
or any individual member of the assistance unit who is no longer in
the home or is an optional member of the assistance unit. If the
recipient's request was verbal, the county shall provide a 10-day
notice before discontinuing benefits. If the recipient's report was
in writing, the county shall discontinue benefits effective the end
of the month in which the request is made, and simultaneously issue a
notice informing the recipient of the discontinuance.
(f) The department, in consultation with the County Welfare
Directors Association (CWDA), shall report to the relevant policy and
fiscal committees of the Legislature in April 2005 regarding the
effects upon program efficiency and integrity of implementation of
the midquarter reporting requirement set forth in subdivision (a).
The report shall be based on data collected by CWDA and select
counties. The department, in consultation with CWDA, shall determine
the data collection needs required to assess the effects of the
specified midquarter report.
11265.5. (a) (1) The department may, subject to the requirements of
federal regulations and Section 18204, conduct three pilot projects,
to be located in the Counties of Los Angeles, Merced, and Santa
Clara, upon approval of the department and the participating
counties. The pilot projects shall test the reporting systems
described in subparagraphs (A), (B), and (C) of paragraph (4).
(2) (A) The pilot project conducted in Los Angeles County shall
test one or both reporting systems described in subparagraphs (A) and
(B) of paragraph (4). The pilot project population for each test
shall be limited to 10,000 cases.
(B) The pilot projects in the other counties shall test one of the
reporting systems described in subparagraph (A) or (C) of paragraph
(4) and shall be limited to 2,000 cases per project.
(3) (A) The pilot projects shall be designed and conducted
according to standard scientific principles, and shall be in effect
for a period of 24 months.
(B) The projects may be extended an additional year upon the
approval of the department.
(C) The projects shall be designed to compare the monthly
reporting system with alternatives described in paragraph (4) as to
all of the following phenomena:
(i) Administrative savings resulting from reduced worker time
spent in reviewing monthly reports.
(ii) The amount of cash assistance paid to families.
(iii) The rate of administrative errors in cases and payments.
(iv) The incidence of underpayments and overpayments and the costs
to recipients and the administering agencies of making corrective
payments and collecting overpayments.
(v) Rates at which recipients lose eligibility for brief periods
due to failure to submit a monthly report but file new applications
for aid and thereafter are returned to eligible status.
(vi) Cumulative benefits and costs to each level of government and
to aid recipients resulting from each reporting system.
(vii) The incidence of, and ability to, prosecute fraud.
(viii) Ease of use by clients.
(ix) Case errors and potential sanction costs associated with
those errors.
(4) The pilot projects shall adopt reporting systems providing for
one or more of the following:
(A) A reporting system that requires families with no income or
whose only income is comprised of old age, survivors, or disability
insurance benefits administered pursuant to Subchapter 2 (commencing
with Section 401) of Chapter 7 of Title 42 of the United States Code,
and with no recent work history to report changes in circumstances
that affect eligibility and grant amount as changes occur. These
changes shall be reported directly to the county welfare department
in person, in writing, or by telephone. In all cases in which monthly
reporting is not required, a form advising recipients of what
changes must be reported, and how they may be reported shall be
provided to recipients of aid along with benefit payments each month.
(B) A reporting system that permits families with no income or
whose only income is comprised of old age, survivors, or disability
insurance benefits administered pursuant to Subchapter 2 (commencing
with Section 401) of Chapter 7 of Title 42 of the United States Code,
and with no changes in eligibility criteria, to report
electronically monthly, using either an audio response or the food
stamp on-line issuance and recording system, or a combination of
both. Adequate instruction and training shall be provided to county
welfare department staff and to recipients who choose to use this
system prior to its implementation.
(C) A reporting system that requires all families to report
changes in circumstances that affect eligibility and grant amount as
changes occur. The changes shall be reported directly to the county
welfare department in person, in writing, or by telephone. In all
cases in which monthly reporting is not required, a form advising
recipients of what changes must be reported, and how they may be
reported, shall be provided to recipients of aid along with benefit
payments each month.
(b) (1) The participating counties shall be responsible for
preparing federal demonstration project proposals, to be submitted by
the department, upon the department's review and approval of the
proposals, to the federal agency on the counties' behalf. The
development, operation, and evaluation of the pilot projects shall
not result in an increase in the state allocation of county
administrative funds.
(1.5) Each pilot county shall prepare and submit quarterly
reports, annual reports, and a final report to the department.
(2) Each quarterly report shall be submitted no later than 30
calendar days after the end of the quarter.
(3) Each annual report shall be submitted no later than 45 days
after the end of the year.
(4) (A) Each pilot county shall submit a final report not later
than 90 days following completion of the pilot projects required by
this section.
(B) (i) As part of the final report, the pilot counties shall
prepare and submit evaluations of the pilot projects to the
department.
(ii) Each evaluation shall include, but not be limited to, an
analysis of the factors set forth in paragraph (3) of subdivision (a)
compared to each other and the current reporting systems in both the
AFDC and Food Stamp programs. The final evaluations shall be
prepared by an independent consultant or consultants contracted with
for that purpose prior to the commencement of the projects.
(C) The department shall review and approve the evaluations
submitted by the pilot counties and shall submit them to the
appropriate policy and fiscal committees of the Legislature.
(c) The department may terminate any or all of the pilot projects
implemented pursuant to this section after a period of six months of
operation if one or more of the pilot counties submits data to the
department, or information is otherwise received, indicating that the
pilot project or projects are not cost-effective or adversely impact
recipients or county or state operations based on the factors set
forth in subparagraph (C) of paragraph (3) of subdivision (a).
(d) The pilot projects shall be implemented only upon receipt of
the appropriate federal waivers.
11265.6. (a) The department may conduct up to five demonstrations
of alternatives to the current monthly reporting system, food stamp
recertification, and AFDC redeterminations. These demonstrations
shall be designed to reduce paperwork, achieve administrative
savings, and maintain or enhance program integrity. The department,
in consultation with the counties that request designation as a
demonstration county, shall determine the scope of the
demonstrations.
(b) The director may waive, with federal approval, the enforcement
of specific Food Stamp Program requirements, regulations, and
standards necessary to conduct these demonstrations.
11265.7. (a) The department may conduct a demonstration in up to
three counties of alternatives to the current monthly reporting
system, food stamp recertification, and AFDC redeterminations for
recipients of alternative assistance. This demonstration shall be
designed to reduce paperwork, achieve administrative savings, and
maintain or enhance program integrity. The department, in
consultation with the counties which request designation as a
demonstration county shall determine the scope of the demonstrations.
(b) The director may waive, with federal approval, the enforcement
of specific Food Stamp Program requirements, regulations, and
standards necessary to conduct these demonstrations.
11265.8. (a) All applicants for aid under this chapter, within 30
days of the determination of eligibility for Medi-Cal benefits under
Chapter 7 (commencing with Section 14000), and 45 days for applicants
already eligible for benefits under Chapter 7 (commencing with
Section 14000), and all recipients of aid under this chapter within
45 days of a full or financial redetermination of eligibility for aid
under this chapter, shall provide documentation that all children in
the assistance unit not required to be enrolled in school have
received all age appropriate immunizations, unless it has been
medically determined that an immunization for a child is not
appropriate or the applicant or recipient has filed with the county
welfare department an affidavit that the immunizations are contrary
to the applicant's or recipient's beliefs. If the county determines
that good cause exists for not providing the required documentation
due to lack of reasonable access to immunization services, the period
shall be extended by an additional 30 days. If the documentation is
not provided within the required time period, the needs of all
parents or caretaker relatives in the assistance unit shall not be
considered in determining the grant to the assistance unit under
Section 11450 until the required documentation is provided. The
department shall track and maintain information concerning the number
of sanctions imposed under this section.
(b) At the time of application and at the next redetermination of
eligibility for aid under this chapter, all applicants and recipients
shall be given notice advising them of their obligation to secure
the immunizations required in subdivision (a). The notice shall also
contain all of the following:
(1) The Recommended Childhood Immunization Schedule, United
States, and the Recommended Immunization Schedule for Children Not
Immunized on Schedule in the First Year of Life, as appropriate,
approved by the Advisory Committee on Immunization Practices, the
American Academy of Pediatrics, and the American Academy of Family
Physicians.
(2) A description of how to obtain the immunizations through a
fee-for-service provider that accepts Medi-Cal, a Medi-Cal managed
care plan, a county public health clinic, or any other source that
may be available in the county as appropriate.
(3) A statement that the applicant or recipient may file an
affidavit claiming that the immunizations are contrary to the
applicant's or recipient's beliefs.
11265.9. Whenever aid to an individual or family is discontinued
under this chapter for any reason other than fraud, the department
shall include, in the notice of termination of aid, a brief summary
of the requirements for transitional Medi-Cal benefits provided for
pursuant to Sections 14005.8, 14005.81, and 14005.85, and Section
50243 of Title 22 of the California Code of Regulations, as well as a
form that the individual or family may fill out and return to
request transitional Medi-Cal benefits.
11266. (a) At the time of application, the county shall determine
whether the applicant needs immediate assistance because the
applicant does not have sufficient resources to meet his or her
emergency needs, and shall determine whether the applicant is
apparently eligible for aid under this chapter.
(1) The county shall determine that the applicant needs immediate
assistance if the family's total available liquid resources, both
nonexempt and exempt, are less than one hundred dollars ($100) and
there is an emergency situation, whether foreseeable or not. Examples
of emergency situations include, but are not limited to, lack of
housing, lack of food, notice of termination or loss of utility
service, lack of essential clothing (including diapers), and
inability to meet essential transportation needs.
(2) Apparent eligibility exists when evidence presented by the
applicant or which is otherwise available to the county welfare
department and the information provided on the application documents
indicate that there would be eligibility for aid under this chapter
if the evidence and information were verified. An alien applicant who
does not provide verification of his or her eligible alien status,
or a woman with no eligible children who does not provide medical
verification of pregnancy, shall not be considered to be apparently
eligible under this subdivision.
(b) If an applicant needs immediate assistance, and is apparently
eligible for aid as defined in subdivision (a), the county shall pay
the applicant two hundred dollars ($200) or the maximum amount for
which that applicant is eligible, whichever is less. The advance
payment shall be made by the end of the first working day following
the request for that aid. The county shall verify the applicant's
eligibility for aid within 15 working days of the date that immediate
need is requested, and advance payments made under this section
shall be offset against the first grant payment made to the
recipient.
(c) An applicant's receipt of a notice of eviction, including a
three-day notice to pay or quit, shall constitute an emergency
situation under subdivision (a), irrespective of the one hundred
dollar ($100) resource test, if the applicant has insufficient income
or resources to pay the rent owing. In those cases, the county shall
give the applicant the option of receiving an immediate advance on
the grant as described in subdivision (b), or an expedited
determination of eligibility for aid. Before an applicant decides
between these two options, the county shall fully apprise the
applicant, in writing, of all information necessary to establish
eligibility for aid. If an applicant requests expedited determination
of eligibility for aid, the county shall complete the determination
of eligibility for aid under this chapter, and, if the applicant is
determined to be eligible, issue payment of the full prorated grant
no more than three working days from the request for immediate need.
If the eligibility determination is not made within this three-day
period, the county shall immediately pay the applicant two hundred
dollars ($200) or the maximum amount for which the applicant is
eligible, whichever is less, as specified in subdivisions (a) and
(b). The county shall verify the applicant's eligibility within 15
working days of the date of the request for immediate assistance, and
advance payments made under this subdivision shall be offset against
the first grant payment made to the recipient.
(d) (1) The county may deny an immediate advance payment if the
applicant's only immediate need is homelessness and this need will be
met by issuance of nonrecurring special needs payment in accordance
with subdivision (f) of Section 11450, or if the applicant's only
immediate need is lack of food and this need will be met by issuance
of food stamps within one working day of the request therefor. With
regard to all other immediate needs, an advance payment may be denied
and the applicant referred to another public or private program or
resource, if all of the following conditions are met:
(A) Not more than one referral is made and the referral, when
made, is to meet no more than one need.
(B) The county has verified in advance that the specific need can
be satisfactorily addressed by the other program or resource
immediately.
(C) Travel to the other program or resource will not impose a
hardship on the applicant.
(2) If, for any reason, the other program or resource does not
satisfactorily meet the applicant's need, the applicant shall be
immediately issued an advance payment, as specified in subdivision
(b).
(3) Except in the case of an applicant whose only need is lack of
food and the need is met with the issuance of food stamps within one
working day of the request, where an applicant's immediate need is
met by an alternative program or resource authorized in this
subdivision, the county shall verify the applicant's eligibility for
aid within 15 working days of the date of request.
(e) A denial of an immediate need application shall not constitute
a denial of the application for aid unless it is based upon the
failure to meet relevant eligibility requirements.
11266.5. (a) Every applicant for aid under this chapter shall be
informed of the availability of lump-sum diversion services to
resolve the circumstances that require the family to apply for
assistance prior to the family's approval for aid.
(b) When an applicant is determined to be eligible for assistance
under this chapter, the county shall assess whether the applicant
would benefit from the lump-sum diversion program. The county shall
make this determination in its sole discretion. In making this
determination, the county shall consider whether the applicant is
likely to be able to avoid the need for extended assistance beyond
the diversion period if the family was provided one-time assistance.
In making this determination, the county may consider any of the
following:
(1) The applicant's employment history.
(2) The likelihood of the applicant obtaining immediate full-time
employment.
(3) The applicant's general prospect for obtaining full-time
employment.
(4) The applicant's need for cash assistance to pay for housing or
substantial and unforseen expenses or work-related expenses.
(5) Housing stability.
(6) The adequacy of the applicant's child care arrangements, if
applicable.
(c) If the county determines, pursuant to subdivision (b), that an
applicant could benefit from a lump-sum diversion payment, the
county shall inform the applicant of its determination.
(d) An applicant for aid under this chapter may either participate
in the lump-sum diversion program or decline participation in
diversion and, instead, receive aid as otherwise provided for in this
chapter.
(e) Lump-sum diversion services provided under this section may
include any cash or noncash payment and shall be negotiated by the
county and the applicant in order to assist the applicant in avoiding
the need for aid under this chapter.
(f) If, after accepting a diversion payment pursuant to this
section, the individual reapplies for aid under this chapter within
the amount of time that corresponds with the number of months of aid
that would have been received under this chapter that was received as
a diversion payment, excluding a partial month, and he or she is
determined to be eligible for aid, the county shall, at the option of
the recipient, either recoup from the recipient's grant, over a
period of time to be determined by the county, the amount of the
diversion payment that the recipient received, or count the period of
time that corresponds to the number of months of aid that would have
been received, excluding a partial month of aid, towards the
60-month time limit on aid specified in subdivision (b) of Section
11454.
(g) To the extent permitted by federal law, lump-sum diversion
payments shall not be considered income for the purpose of
determining eligibility for food stamps.
(h) Any child support collected by the applicant or recovered by
the county shall not be used to offset the diversion payment.
(i) During the period of the diversion, the applicant family shall
be eligible for Medi-Cal and child care assistance pursuant to
Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of
the Education Code, if otherwise eligible.
11268. (a) Each applicant for or recipient of aid shall be required
as a condition of eligibility, to furnish the applicant's social
security account number (or numbers, if the applicant has more than
one social security account number) or submit verification of
application for a social security account number.
(b) (1) If the applicant or recipient cannot complete the
application for a social security account number because the
necessary documentation is not immediately available, the county
shall determine if good cause exists.
(2) For purposes of this section, "good cause" includes situations
in which the necessary documentation for the application for a
social security account number is not immediately available at the
time of application.
(c) (1) If good cause exists, and the applicant or recipient is
otherwise eligible, the applicant or recipient is eligible for
assistance pursuant to this section for the maximum period permitted
by federal law, while he or she attempts to obtain the necessary
documents to complete the application.
(2) The federal time period shall apply to all recipients of aid,
whether or not federal financial assistance is available.
(3) The county shall make every effort to assist the individual in
obtaining the documents required by this section.
(d) The department shall adopt regulations in accord with federal
law regarding applications for the social security account number and
the definition of good cause.
(e) The county shall utilize the social security account numbers
in the administration of aid.
11269. No child shall receive aid under this chapter while he is a
patient in a public hospital, except with respect to temporary
medical or surgical care not exceeding two calendar months, in which
event the child shall be eligible to receive not to exceed two
monthly warrants after becoming a patient.
11270. Applicants for and recipients of Aid to Families with
Dependent Children who are not exempt from registration under Section
11310 and who are apparently eligible for unemployment insurance
shall, as a condition of eligibility, apply for, meet all the
conditions of eligibility for, and accept any unemployment insurance
benefits for which the Employment Development Department determines
they are eligible. Upon determination that individuals registered
under Section 11310 have failed to meet all the conditions of
eligibility for unemployment insurance, the county shall make a good
cause determination under standards established by the department.
These standards shall be the same as those which govern the Work
Incentive Program. Applicants and recipients who are exempt from work
registration under Section 11310 and who are apparently eligible for
unemployment insurance benefits shall, as a condition of
eligibility, apply for and accept any unemployment insurance benefits
for which the Employment Development Department determines they are
eligible. The department shall establish by regulations the standards
to determine apparent eligibility for unemployment insurance.
11250. Aid, services, or both shall be granted under the provisions
of this chapter, and subject to the regulations of the department,
to families with related children under the age of 18 years, except
as provided in Section 11253, in need thereof because they have been
deprived of parental support or care due to:
(a) The death, physical or mental incapacity, or incarceration of
a parent.
(b) The unemployment of a parent or parents.
(c) Continued absence of a parent from the home due to divorce,
separation, desertion, or any other reason, except absence occasioned
solely by reason of the performance of active duty in the uniformed
services of the United States. "Continued absence" exists when the
nature of the absence is such as either to interrupt or to terminate
the parent's functioning as a provider of maintenance, physical care,
or guidance for the child, and the known or indefinite duration of
the absence precludes counting on the parent's performance of the
function of planning for the present support or care of the child. If
these conditions exist, the parent may be absent for any reason, and
may have left only recently or some time previously.
11250.4. Aid under this chapter shall not be payable to an
assistance unit if a caretaker relative is, on the last day of the
month, participating in a strike, unless the strike is necessitated
by an imminent health and safety hazard or abnormally dangerous
working conditions at the place of employment as determined by the
Division of Occupational Safety and Health, or a lockout as defined
in Section 1132.8 of the Labor Code. For the purposes of this
section, a strike necessitated by an imminent health and safety
hazard or abnormally dangerous working condition shall last only so
long as necessitated by the imminent hazard or abnormally dangerous
working condition. If an individual other than a caretaker relative
is participating in a strike, as defined in this section, on the last
day of the month, subject to the exceptions and their limitations
set forth in this section, that individual's needs shall not be
included in determining the amount of aid payable to the assistance
unit for the month during which the individual is participating in
the strike on the last day of that month.
11250.6. Except where inconsistent with federal laws, the income of
any person under a contract of employment on an annual basis but who
works and receives income from such contract in fewer than 12
months, but more than eight months, shall be prorated over the period
of the contract for the purposes of this chapter.
11250.7. Except where inconsistent with federal law, the salary of
a full-time certificated employee of a school district shall be
prorated over a 12-month period for the purposes of determining
eligibility for aid under this chapter.
11250.8. If an applicant for, or recipient of, benefits pursuant to
this chapter receives one or more educational loans or grants, for
purposes of determining availability of income, that person's
educational expenses shall not be applied to any educational loans or
grants which, under federal or state law, are totally exempt from
consideration as income for purposes of determining eligibility for
benefits under this chapter.
11251.3. (a) An individual shall be ineligible for aid under this
chapter if the individual has been convicted in state or federal
court after December 31, 1997, including any plea of guilty or nolo
contendere, of any offense classified as a felony and that has as an
element of the possession, use, or distribution of a controlled
substance, defined in Section 102(6) of the Controlled Substance Act
(21 U.S.C. Sec. 802(6)).
(b) For a family receiving aid under this chapter that includes an
individual who is ineligible pursuant to subdivision (a), a county
shall issue vouchers or vendor payments for at least rent and
utilities payments.
11251.3. (a) An individual shall be ineligible for aid under this
chapter if the individual has been convicted in state or federal
court after December 31, 1997, including any plea of guilty or nolo
contendere, of a felony that has as an element the possession, use,
or distribution of a controlled substance, defined in Section 102(6)
of the Controlled Substances Act (21 U.S.C. Sec. 802(6)) or Division
10 (commencing with Section 11000) of the Health and Safety Code.
(b) For a family receiving aid under this chapter that includes an
individual who is ineligible pursuant to subdivision (a), a county
shall issue vouchers or vendor payments for at least rent and
utilities payments.
11253. (a) Except as provided in subdivision (b), aid shall not be
granted under this chapter to or on behalf of any child who has
attained 18 years of age unless all of the following apply:
(1) The child is less than 19 years of age and is attending high
school or the equivalent level of vocational or technical training on
a full-time basis.
(2) The child can reasonably be expected to complete the
educational or training program before his or her 19th birthday.
(b) On and after January 1, 2012, aid shall be granted under this
chapter to or on behalf of any nonminor dependent, as defined in
subdivision (v) of Section 11400, if the nonminor dependent is placed
in the approved home of a relative under the supervision of the
county child welfare or probation department or Indian tribe that has
entered into an agreement pursuant to Section 10553.1, and the
nonminor dependent otherwise is eligible pursuant to Section 11403.
11253.3. (b) The nonminor dependent shall continue to receive the
same grant amount as a CalWORKs grant recipient in an assistance unit
of one, pursuant to the amount set forth in Section 11450. Any
changes to the CalWORKs grant amount shall also apply to the nonminor
dependent's grant.
11253.5. (a) All children in an assistance unit for whom school
attendance is compulsory, except individuals who are eligible for the
Cal-Learn program under Article 3.5 (commencing with Section 11331)
and children subject to a county school attendance project under
Article 2 (commencing with Section 18236) of Chapter 3.3 of Part 6,
shall be required to attend school.
(b) Applicants for and recipients of aid under this chapter shall
be informed of the attendance requirement and it shall be included in
the recipient's welfare-to-work plan under Section 11325.21.
(c) A recipient shall cooperate in providing the county with
documentation routinely available from the school or school district
of regular attendance of all applicable children in the assistance
unit when the county determines it is appropriate.
(d) If it is determined by the county that any eligible child
under the age of 16 years is not regularly attending school as
required, the needs of all adults in the assistance unit shall not be
considered in computing the grant of the family under Section 11450
unless it has been determined by the county that good cause exists.
(e) If it is determined by the county that any child in the
assistance unit who is age 16 years or older is not regularly
attending school as required, or participating pursuant to a
welfare-to-work plan, the needs of the child shall not be considered
in computing the grant of the family under Section 11450 unless it
has been determined by the county that good cause exists.
11254. (a) Subject to subdivision (b), in the case of any
individual who is under the age of 18 years and has never married,
and who is pregnant or has a dependent child in his or her care:
(1) The individual may receive aid under this chapter for the
individual and the child, if otherwise eligible, only if the
individual and child reside in a place of residence maintained by a
parent, legal guardian, or other adult relative of the individual as
the parent's, guardian's, or adult relative's own home, or in another
adult-supervised supportive living arrangement.
(2) The aid, where possible, shall be provided to the parent,
legal guardian, or other adult relative on behalf of the individual.
(b) Subdivision (a) does not apply in any of the following
circumstances:
(1) The individual has no parent or legal guardian of his or her
own who is living or whose whereabouts are known.
(2) No living parent or legal guardian of the individual allows
the individual to live in the home of the parent or guardian.
(3) It is determined by the child protective services worker that
the physical or emotional health or safety of the individual or child
would be jeopardized if the individual and child lived in the same
residence with the individual's own parent, legal guardian or other
adult relative.
(4) The individual lived apart from his or her parent or legal
guardian for a period of at least one year before either the birth of
any such child or the individual having made application for aid
under this chapter.
(5) It is determined in accordance with federal regulations that
there is good cause for waiving subdivision (a).
11256. For the purposes of this chapter only, the ownership of
stock in a water company not appurtenant to the land shall be
considered real property to the extent of and in the amount necessary
to obtain water for agricultural purposes.
11257. (a) No aid under this chapter shall be granted or paid for
any child who has real or personal property, the combined market
value reduced by any obligations or debts with respect to this
property of which exceeds one thousand dollars ($1,000), or for any
child or children in one family who have, or whose parents have, or
the child or children and parents have, real and personal property
the combined market value reduced by any obligations or debts with
respect to this property which exceeds one thousand dollars ($1,000).
For purposes of this subdivision, real and personal property shall
be considered both when actually available and when the applicant or
recipient has a legal interest in a liquidated sum and has the legal
ability to make that sum available for support and maintenance.
(b) Notwithstanding subdivision (a) above, an applicant or
recipient may retain the following:
(1) Personal or real property owned by him or her, or in
combination with any other person, without reference to its value, if
it serves to provide the applicant or recipient with a home. If the
basic home is a unit in a multiple dwelling, then only that unit
shall be exempt.
For the purposes of paragraph (1), if an applicant has entered
into a marital separation for the purpose of trial or legal
separation or dissolution, real property which was the usual home of
the applicant shall be exempt for three months following the end of
the month in which aid begins. If the recipient was receiving aid
when the marital separation occurred, the period of exemption shall
be three months following the end of the month in which the
separation occurs. To remain exempt following this three-month
period, the home must be occupied by the recipient, or be unavailable
for use, control, and possession due to legal proceedings affecting
a property settlement or sale of the property.
(2) Personal property consisting of one automobile with maximum
equity value as permitted by federal law.
(3) In addition to the foregoing, the director may at his or her
discretion, and to the extent permitted by federal law, exempt other
items of personal property not exempted under this section.
11257. (a) To the extent not inconsistent with Sections 11265.1,
11265.2, 11265.3, and 11004.1, no aid under this chapter shall be
granted or paid for any child who has real or personal property, the
combined market value reduced by any obligations or debts with
respect to this property of which exceeds one thousand dollars
($1,000), or for any child or children in one family who have, or
whose parents have, or the child or children and parents have, real
and personal property the combined market value reduced by any
obligations or debts with respect to this property which exceeds one
thousand dollars ($1,000).
For purposes of this subdivision, real and personal property shall
be considered both when actually available and when the applicant or
recipient has a legal interest in a liquidated sum and has the legal
ability to make that sum available for support and maintenance.
(b) Notwithstanding subdivision (a) above, an applicant or
recipient may retain the following:
(1) Personal or real property owned by him or her, or in
combination with any other person, without reference to its value, if
it serves to provide the applicant or recipient with a home. If the
basic home is a unit in a multiple dwelling, then only that unit
shall be exempt.
For the purposes of paragraph (1), if an applicant has entered
into a marital separation for the purpose of trial or legal
separation or dissolution, real property which was the usual home of
the applicant shall be exempt for three months following the end of
the month in which aid begins. If the recipient was receiving aid
when the marital separation occurred, the period of exemption shall
be three months following the end of the month in which the
separation occurs. To remain exempt following this three-month
period, the home must be occupied by the recipient, or be unavailable
for use, control, and possession due to legal proceedings affecting
a property settlement or sale of the property.
(2) Personal property consisting of one automobile with maximum
equity value as permitted by federal law.
(3) In addition to the foregoing, the director may at his or her
discretion, and to the extent permitted by federal law, exempt other
items of personal property not exempted under this section.
11257.5. Notwithstanding the property limitations in subdivision
(a) of Section 11257, a family may retain, for nine months, real
property if the family is making a good faith effort to sell the real
property. However, any aid payable to the family for the nine-month
period shall be conditioned upon the sale. At the time of the sale
any aid payments made during the nine-month period shall be
considered overpayments to the extent they would not have been made
had the sale occurred at the beginning of the nine-month period.
Notwithstanding Section 11004 overpayments shall be recouped from the
proceeds of the sale. If the real property has not been sold at the
end of the nine-month period, the family shall be ineligible for aid
if the combined net value of the real and personal property owned by
the family exceeds the one thousand dollar ($1,000) limitation in
Section 11257.
Notwithstanding Section 11007 as a condition to the granting of
aid pursuant to this section, the family shall grant the county a
lien upon the real property as security for the aid to be paid. The
lien shall be used to recoup any overpayments incurred pursuant to
this section. Notwithstanding any other provision of law, the lien
shall not be enforceable by the sale of the secured property by the
county. The lien of the county shall be paid upon the sale of the
property.
The department shall define good faith effort in regulation.
11259. For the purposes of this chapter, "personal property" shall
not include the value of property belonging to an absent parent and
not available to the family.
11260. A child's share of any estate, which share has not been
distributed and of which he has no present economic use, does not
constitute property for the purpose of this chapter.
11263. Except as provided in Sections 11253 and 11455, no person
over the age of 18 years is a needy child within the meaning of this
chapter.
11263.5. Notwithstanding any other provision of this chapter, a
child living with his or her parent, where the parent is a minor and
a recipient of foster care pursuant to Article 5 (commencing with
Section 11400), is not an eligible child within the meaning of this
chapter for the purpose of payment of AFDC benefits other than
AFDC-FC benefits.
11264. No child maintained in an institution, for whom a bona fide
offer of a proper home has been made, is eligible for further aid;
but no institution shall be required to surrender a child to any
person of religious faith different from that of the child or the
parents of the child.
11265. (a) The county shall redetermine eligibility annually. The
county shall at the time of the redetermination, and may at other
intervals as may be deemed necessary, require the family to complete
a certificate of eligibility containing a written declaration of the
information that may be required to establish the continuing
eligibility and amount of grant pursuant to Section 11004.
(b) The certificate shall include blanks wherein shall be stated
the names of all children receiving aid, their present place of
residence, the names and status of any other adults living in the
home, the name, and if known, the social security number and present
whereabouts of a parent who is not living in the home, and any
outside income that may have been received through employment, gifts,
or the sale of real or personal property.
Each adult member of the family shall provide, under penalty of
perjury, the information necessary to complete the certificate.
(c) If the certificate is mailed to the family, it shall be
accompanied by a stamped envelope for its return. In the event the
certificate is not completed and returned within 10 days after it is
mailed or personally delivered to the family, a home visit or other
personal meeting shall be made to or with the family, and the
certificate shall then be completed with the assistance of the
eligibility worker, if needed.
The department may adopt regulations providing for waiver of the
deadline for returning the completed certificate when the recipient
is considered to be mentally or physically unable to meet the
deadline.
11265.1. (a) Except as provided in Section 11265.5, in addition to
the requirement for the annual redetermination of eligibility, the
department shall establish regulations consistent with federal law to
implement a recipient monthly reporting system for use in
determining monthly eligibility and the amount of the grant. The
department shall define what constitutes a complete report and shall
specify the deadlines for submitting a complete report, as well as
the consequences of, and good cause for, failure to submit a complete
report. The department shall adopt fair and equitable regulations
implementing the monthly reporting requirement.
(b) This section shall become inoperative on the date that the
director executes a declaration stating that Section 11265.2, as
added by the act adding this subdivision, is fully implemented
statewide, and shall be repealed on January 1 of the year following
the year in which it becomes inoperative.
11265.1. (a) In addition to the requirement for an annual
redetermination of eligibility, counties shall redetermine recipient
eligibility and grant amounts on a quarterly basis using prospective
budgeting. Counties shall use the information reported on a recipient'
s quarterly report form to prospectively determine eligibility and
grant amount for the following quarterly reporting period.
(b) A quarterly reporting period shall be three consecutive
calendar months. The recipient shall submit one quarterly report form
for each quarterly reporting period. Counties shall provide a
quarterly report form to recipients at the end of the second month of
the quarterly reporting period, and recipients shall return the
completed quarterly report form with required verification to the
county by the 11th day of the third month of the quarterly reporting
period.
(c) Counties may establish staggered quarterly reporting cycles
based on factors established or approved by the department,
including, but not limited to, application date or case number.
(d) The quarterly report form shall be signed under penalty of
perjury, and shall include only information necessary to determine
CalWORKs and food stamp eligibility and calculate the CalWORKs grant
amount and food stamp allotment, as specified by the department. The
form shall be as comprehensible as possible for recipients and shall
require recipients to provide the following:
(1) Information about income received during the second month of
the quarterly reporting period.
(2) Information about income that the recipient anticipates
receiving during the following quarterly reporting period.
(3) Any other changes to facts required to be reported, together
with any changes to those facts that the recipient anticipates will
occur. The recipient shall provide verification as specified by the
department with the quarterly report form.
(e) A quarterly report form shall be considered complete if the
following requirements, as specified by the department, are met:
(1) The form is signed no earlier than the first day of the third
month of the quarterly reporting period by the persons specified by
the department.
(2) All questions and items pertaining to CalWORKs and food stamp
eligibility and grant amount are answered.
(3) Verification required by the department is provided.
(f) If a recipient fails to submit a complete quarterly report
form, as defined in subdivision (e), by the 11th day of the third
month of the quarterly reporting period, the county shall provide the
recipient with a notice that the county will terminate benefits at
the end of the month. Prior to terminating benefits, the county shall
attempt to make personal contact to remind the recipient that a
completed report is due, or, if contact is not made, shall send a
reminder notice to the recipient no later than five days prior to the
end of the month. Any discontinuance notice shall be rescinded if a
complete report is received by the first working day of the first
month of the following quarterly reporting period.
(g) The county may determine, at any time prior to the last day of
the calendar month following discontinuance for nonsubmission of a
quarterly report form, that a recipient had good cause for failing to
submit a complete quarterly report form, as defined in subdivision
(e), by the first working day of the month following discontinuance.
If the county finds a recipient had good cause, as defined by the
department, it shall rescind the discontinuance notice. Good cause
exists only when the recipient cannot reasonably be expected to
fulfill his or her reporting responsibilities due to factors outside
of the recipient's control.
11265.2. (a) The grant amount a recipient shall be entitled to
receive for each month of the quarterly reporting period shall be
prospectively determined as provided by this section. If a recipient
reports that he or she does not anticipate any changes in income
during the upcoming quarter, compared to the income the recipient
reported actually receiving on the quarterly report form, the grant
shall be calculated using the actual income received. If a recipient
reports that he or she anticipates a change in income in one or more
months of the upcoming quarter, the county shall determine whether
the recipient's income is reasonably anticipated. The grant shall be
calculated using the income that the county determines is reasonably
anticipated in each of the three months of the upcoming quarter.
(b) For the purposes of the quarterly reporting, prospective
budgeting system, income shall be considered to be "reasonably
anticipated" if the county is reasonably certain of the amount of
income and that the income will be received during the quarterly
reporting period. The county shall determine what income is
"reasonably anticipated" based on information provided by the
recipient and any other available information.
(c) If a recipient reports that their income in the upcoming
quarter will be different each month and the county needs additional
information to determine a recipient's reasonably anticipated income
for the following quarter, the county may require the recipient to
provide information about income for each month of the prior quarter.
(d) Grant calculations pursuant to subdivision (a) may not be
revised to adjust the grant amount during the quarterly reporting
period, except as provided in Section 11265.3 and subdivisions (e),
(f), (g), and (h), and as otherwise established by the department.
(e) Notwithstanding subdivision (d), statutes and regulations
relating to (1) the 60-month time limit, (2) age limitations for
children under Section 11253, and (3) sanctions and financial
penalties affecting eligibility or grant amount shall be applicable
as provided in such statutes and regulations. Eligibility and grant
amount shall be adjusted during the quarterly reporting period
pursuant to such statutes and regulations effective with the first
monthly grant after timely and adequate notice is provided.
(f) Notwithstanding Section 11056, if an applicant applies for
assistance for a child who is currently aided in another assistance
unit, and the county determines that the applicant has care and
control of the child, as specified by the department, and is
otherwise eligible, the county shall discontinue aid to the child in
the existing assistance unit and shall aid the child in the applicant'
s assistance unit effective as of the first of the month following
the discontinuance of the child from the existing assistance unit.
(g) If the county is notified that a child for whom CalWORKs
assistance is currently being paid has been placed in a foster care
home, the county shall discontinue aid to the child at the end of the
month of placement. The county shall discontinue the case if the
remaining assistance unit members are not otherwise eligible.
(h) If the county determines that a recipient is no longer a
California resident, pursuant to Section 11100, the recipient shall
be discontinued. The county shall discontinue the case if the
remaining assistance unit members are not otherwise eligible.
11265.3. (a) In addition to submitting the quarterly report form as
required in Section 11265.1, during the quarterly reporting period,
a recipient shall report the following changes to the county orally
or in writing, within 10 days of the change:
(1) The receipt at any time during a quarterly reporting period of
income, as provided by the department, in an amount that is likely
to render the recipient ineligible, as provided by the department.
(2) The occurrence at any time during a quarterly reporting period
of a drug felony conviction as specified in Section 11251.3.
(3) The occurrence, at any time during a quarterly reporting
period, of an individual fleeing prosecution or custody or
confinement, or violating a condition of probation or parole as
specified in Section 11486.5.
(b) Counties shall inform each recipient of the duty to report
under paragraph (1) of subdivision (a), the consequences of failing
to report, and the amount of income likely to render the family
ineligible for benefits no less frequently than once per quarter.
(c) When a recipient reports income pursuant to paragraph (1) of
subdivision (a) the county shall redetermine eligibility and grant
amounts as follows:
(1) If the recipient reports a change for the first or second
month of a current quarterly reporting period, the county shall
verify the report and determine if the recipient is financially
ineligible. If the recipient is determined to be financially
ineligible based on this income, the county shall discontinue the
recipient after timely and adequate notice in accordance with rules
applicable to the federal Food Stamp program.
(2) If the recipient reports a change for the third month of a
current quarterly reporting period, the county shall not redetermine
eligibility for the current quarterly reporting period, but shall
redetermine eligibility and grant amount for the following quarterly
reporting period as provided in Section 11265.2.
(d) (1) During the quarterly reporting period, a recipient may
report to the county, orally or in writing, any changes in income or
household circumstances that may increase the recipient's grant.
(2) Counties shall act upon changes in income reported during the
quarterly reporting period that result in an increase in benefits,
after verification specified by the department is received. Reported
changes in income that increase the grant shall be effective for the
entire month in which the change is reported. If the reported change
in income results in an increase in benefits, the county shall issue
the increased benefit amount within 10 days of receiving required
verification.
(3) (A) When a decrease in gross monthly income is voluntarily
reported and verified, the county shall redetermine the grant for the
current month and any remaining months in the quarterly reporting
period by averaging the actual gross monthly income reported and
verified from the voluntary report for the current month and the
gross monthly income that is reasonably anticipated for any future
month remaining in the quarterly reporting period.
(B) When the average is determined pursuant to subparagraph (A),
and a grant amount is calculated based upon the averaged income, if
the grant amount is higher than the grant currently in effect, the
county shall revise the grant for the current month and any remaining
months in the quarter to the higher amount and shall issue any
increased benefit amount as provided in paragraph (2).
(4) Except as provided in subdivision (e), counties shall act only
upon changes in household composition voluntarily reported by the
recipients during the quarterly reporting period that result in an
increase in benefits, after verification specified by the department
is received. If the reported change in household composition is for
the first or second month of the quarterly reporting period and
results in an increase in benefits, the county shall redetermine the
grant effective for the month following the month in which the change
was reported. If the reported change in household composition is for
the third month of a quarterly reporting period, the county shall
not redetermine the grant for the current quarterly reporting period,
but shall redetermine the grant for the following reporting period
as provided in Section 11265.2.
(e) During the quarterly reporting period, a recipient may request
that the county discontinue the recipient's entire assistance unit
or any individual member of the assistance unit who is no longer in
the home or is an optional member of the assistance unit. If the
recipient's request was verbal, the county shall provide a 10-day
notice before discontinuing benefits. If the recipient's report was
in writing, the county shall discontinue benefits effective the end
of the month in which the request is made, and simultaneously issue a
notice informing the recipient of the discontinuance.
(f) The department, in consultation with the County Welfare
Directors Association (CWDA), shall report to the relevant policy and
fiscal committees of the Legislature in April 2005 regarding the
effects upon program efficiency and integrity of implementation of
the midquarter reporting requirement set forth in subdivision (a).
The report shall be based on data collected by CWDA and select
counties. The department, in consultation with CWDA, shall determine
the data collection needs required to assess the effects of the
specified midquarter report.
11265.5. (a) (1) The department may, subject to the requirements of
federal regulations and Section 18204, conduct three pilot projects,
to be located in the Counties of Los Angeles, Merced, and Santa
Clara, upon approval of the department and the participating
counties. The pilot projects shall test the reporting systems
described in subparagraphs (A), (B), and (C) of paragraph (4).
(2) (A) The pilot project conducted in Los Angeles County shall
test one or both reporting systems described in subparagraphs (A) and
(B) of paragraph (4). The pilot project population for each test
shall be limited to 10,000 cases.
(B) The pilot projects in the other counties shall test one of the
reporting systems described in subparagraph (A) or (C) of paragraph
(4) and shall be limited to 2,000 cases per project.
(3) (A) The pilot projects shall be designed and conducted
according to standard scientific principles, and shall be in effect
for a period of 24 months.
(B) The projects may be extended an additional year upon the
approval of the department.
(C) The projects shall be designed to compare the monthly
reporting system with alternatives described in paragraph (4) as to
all of the following phenomena:
(i) Administrative savings resulting from reduced worker time
spent in reviewing monthly reports.
(ii) The amount of cash assistance paid to families.
(iii) The rate of administrative errors in cases and payments.
(iv) The incidence of underpayments and overpayments and the costs
to recipients and the administering agencies of making corrective
payments and collecting overpayments.
(v) Rates at which recipients lose eligibility for brief periods
due to failure to submit a monthly report but file new applications
for aid and thereafter are returned to eligible status.
(vi) Cumulative benefits and costs to each level of government and
to aid recipients resulting from each reporting system.
(vii) The incidence of, and ability to, prosecute fraud.
(viii) Ease of use by clients.
(ix) Case errors and potential sanction costs associated with
those errors.
(4) The pilot projects shall adopt reporting systems providing for
one or more of the following:
(A) A reporting system that requires families with no income or
whose only income is comprised of old age, survivors, or disability
insurance benefits administered pursuant to Subchapter 2 (commencing
with Section 401) of Chapter 7 of Title 42 of the United States Code,
and with no recent work history to report changes in circumstances
that affect eligibility and grant amount as changes occur. These
changes shall be reported directly to the county welfare department
in person, in writing, or by telephone. In all cases in which monthly
reporting is not required, a form advising recipients of what
changes must be reported, and how they may be reported shall be
provided to recipients of aid along with benefit payments each month.
(B) A reporting system that permits families with no income or
whose only income is comprised of old age, survivors, or disability
insurance benefits administered pursuant to Subchapter 2 (commencing
with Section 401) of Chapter 7 of Title 42 of the United States Code,
and with no changes in eligibility criteria, to report
electronically monthly, using either an audio response or the food
stamp on-line issuance and recording system, or a combination of
both. Adequate instruction and training shall be provided to county
welfare department staff and to recipients who choose to use this
system prior to its implementation.
(C) A reporting system that requires all families to report
changes in circumstances that affect eligibility and grant amount as
changes occur. The changes shall be reported directly to the county
welfare department in person, in writing, or by telephone. In all
cases in which monthly reporting is not required, a form advising
recipients of what changes must be reported, and how they may be
reported, shall be provided to recipients of aid along with benefit
payments each month.
(b) (1) The participating counties shall be responsible for
preparing federal demonstration project proposals, to be submitted by
the department, upon the department's review and approval of the
proposals, to the federal agency on the counties' behalf. The
development, operation, and evaluation of the pilot projects shall
not result in an increase in the state allocation of county
administrative funds.
(1.5) Each pilot county shall prepare and submit quarterly
reports, annual reports, and a final report to the department.
(2) Each quarterly report shall be submitted no later than 30
calendar days after the end of the quarter.
(3) Each annual report shall be submitted no later than 45 days
after the end of the year.
(4) (A) Each pilot county shall submit a final report not later
than 90 days following completion of the pilot projects required by
this section.
(B) (i) As part of the final report, the pilot counties shall
prepare and submit evaluations of the pilot projects to the
department.
(ii) Each evaluation shall include, but not be limited to, an
analysis of the factors set forth in paragraph (3) of subdivision (a)
compared to each other and the current reporting systems in both the
AFDC and Food Stamp programs. The final evaluations shall be
prepared by an independent consultant or consultants contracted with
for that purpose prior to the commencement of the projects.
(C) The department shall review and approve the evaluations
submitted by the pilot counties and shall submit them to the
appropriate policy and fiscal committees of the Legislature.
(c) The department may terminate any or all of the pilot projects
implemented pursuant to this section after a period of six months of
operation if one or more of the pilot counties submits data to the
department, or information is otherwise received, indicating that the
pilot project or projects are not cost-effective or adversely impact
recipients or county or state operations based on the factors set
forth in subparagraph (C) of paragraph (3) of subdivision (a).
(d) The pilot projects shall be implemented only upon receipt of
the appropriate federal waivers.
11265.6. (a) The department may conduct up to five demonstrations
of alternatives to the current monthly reporting system, food stamp
recertification, and AFDC redeterminations. These demonstrations
shall be designed to reduce paperwork, achieve administrative
savings, and maintain or enhance program integrity. The department,
in consultation with the counties that request designation as a
demonstration county, shall determine the scope of the
demonstrations.
(b) The director may waive, with federal approval, the enforcement
of specific Food Stamp Program requirements, regulations, and
standards necessary to conduct these demonstrations.
11265.7. (a) The department may conduct a demonstration in up to
three counties of alternatives to the current monthly reporting
system, food stamp recertification, and AFDC redeterminations for
recipients of alternative assistance. This demonstration shall be
designed to reduce paperwork, achieve administrative savings, and
maintain or enhance program integrity. The department, in
consultation with the counties which request designation as a
demonstration county shall determine the scope of the demonstrations.
(b) The director may waive, with federal approval, the enforcement
of specific Food Stamp Program requirements, regulations, and
standards necessary to conduct these demonstrations.
11265.8. (a) All applicants for aid under this chapter, within 30
days of the determination of eligibility for Medi-Cal benefits under
Chapter 7 (commencing with Section 14000), and 45 days for applicants
already eligible for benefits under Chapter 7 (commencing with
Section 14000), and all recipients of aid under this chapter within
45 days of a full or financial redetermination of eligibility for aid
under this chapter, shall provide documentation that all children in
the assistance unit not required to be enrolled in school have
received all age appropriate immunizations, unless it has been
medically determined that an immunization for a child is not
appropriate or the applicant or recipient has filed with the county
welfare department an affidavit that the immunizations are contrary
to the applicant's or recipient's beliefs. If the county determines
that good cause exists for not providing the required documentation
due to lack of reasonable access to immunization services, the period
shall be extended by an additional 30 days. If the documentation is
not provided within the required time period, the needs of all
parents or caretaker relatives in the assistance unit shall not be
considered in determining the grant to the assistance unit under
Section 11450 until the required documentation is provided. The
department shall track and maintain information concerning the number
of sanctions imposed under this section.
(b) At the time of application and at the next redetermination of
eligibility for aid under this chapter, all applicants and recipients
shall be given notice advising them of their obligation to secure
the immunizations required in subdivision (a). The notice shall also
contain all of the following:
(1) The Recommended Childhood Immunization Schedule, United
States, and the Recommended Immunization Schedule for Children Not
Immunized on Schedule in the First Year of Life, as appropriate,
approved by the Advisory Committee on Immunization Practices, the
American Academy of Pediatrics, and the American Academy of Family
Physicians.
(2) A description of how to obtain the immunizations through a
fee-for-service provider that accepts Medi-Cal, a Medi-Cal managed
care plan, a county public health clinic, or any other source that
may be available in the county as appropriate.
(3) A statement that the applicant or recipient may file an
affidavit claiming that the immunizations are contrary to the
applicant's or recipient's beliefs.
11265.9. Whenever aid to an individual or family is discontinued
under this chapter for any reason other than fraud, the department
shall include, in the notice of termination of aid, a brief summary
of the requirements for transitional Medi-Cal benefits provided for
pursuant to Sections 14005.8, 14005.81, and 14005.85, and Section
50243 of Title 22 of the California Code of Regulations, as well as a
form that the individual or family may fill out and return to
request transitional Medi-Cal benefits.
11266. (a) At the time of application, the county shall determine
whether the applicant needs immediate assistance because the
applicant does not have sufficient resources to meet his or her
emergency needs, and shall determine whether the applicant is
apparently eligible for aid under this chapter.
(1) The county shall determine that the applicant needs immediate
assistance if the family's total available liquid resources, both
nonexempt and exempt, are less than one hundred dollars ($100) and
there is an emergency situation, whether foreseeable or not. Examples
of emergency situations include, but are not limited to, lack of
housing, lack of food, notice of termination or loss of utility
service, lack of essential clothing (including diapers), and
inability to meet essential transportation needs.
(2) Apparent eligibility exists when evidence presented by the
applicant or which is otherwise available to the county welfare
department and the information provided on the application documents
indicate that there would be eligibility for aid under this chapter
if the evidence and information were verified. An alien applicant who
does not provide verification of his or her eligible alien status,
or a woman with no eligible children who does not provide medical
verification of pregnancy, shall not be considered to be apparently
eligible under this subdivision.
(b) If an applicant needs immediate assistance, and is apparently
eligible for aid as defined in subdivision (a), the county shall pay
the applicant two hundred dollars ($200) or the maximum amount for
which that applicant is eligible, whichever is less. The advance
payment shall be made by the end of the first working day following
the request for that aid. The county shall verify the applicant's
eligibility for aid within 15 working days of the date that immediate
need is requested, and advance payments made under this section
shall be offset against the first grant payment made to the
recipient.
(c) An applicant's receipt of a notice of eviction, including a
three-day notice to pay or quit, shall constitute an emergency
situation under subdivision (a), irrespective of the one hundred
dollar ($100) resource test, if the applicant has insufficient income
or resources to pay the rent owing. In those cases, the county shall
give the applicant the option of receiving an immediate advance on
the grant as described in subdivision (b), or an expedited
determination of eligibility for aid. Before an applicant decides
between these two options, the county shall fully apprise the
applicant, in writing, of all information necessary to establish
eligibility for aid. If an applicant requests expedited determination
of eligibility for aid, the county shall complete the determination
of eligibility for aid under this chapter, and, if the applicant is
determined to be eligible, issue payment of the full prorated grant
no more than three working days from the request for immediate need.
If the eligibility determination is not made within this three-day
period, the county shall immediately pay the applicant two hundred
dollars ($200) or the maximum amount for which the applicant is
eligible, whichever is less, as specified in subdivisions (a) and
(b). The county shall verify the applicant's eligibility within 15
working days of the date of the request for immediate assistance, and
advance payments made under this subdivision shall be offset against
the first grant payment made to the recipient.
(d) (1) The county may deny an immediate advance payment if the
applicant's only immediate need is homelessness and this need will be
met by issuance of nonrecurring special needs payment in accordance
with subdivision (f) of Section 11450, or if the applicant's only
immediate need is lack of food and this need will be met by issuance
of food stamps within one working day of the request therefor. With
regard to all other immediate needs, an advance payment may be denied
and the applicant referred to another public or private program or
resource, if all of the following conditions are met:
(A) Not more than one referral is made and the referral, when
made, is to meet no more than one need.
(B) The county has verified in advance that the specific need can
be satisfactorily addressed by the other program or resource
immediately.
(C) Travel to the other program or resource will not impose a
hardship on the applicant.
(2) If, for any reason, the other program or resource does not
satisfactorily meet the applicant's need, the applicant shall be
immediately issued an advance payment, as specified in subdivision
(b).
(3) Except in the case of an applicant whose only need is lack of
food and the need is met with the issuance of food stamps within one
working day of the request, where an applicant's immediate need is
met by an alternative program or resource authorized in this
subdivision, the county shall verify the applicant's eligibility for
aid within 15 working days of the date of request.
(e) A denial of an immediate need application shall not constitute
a denial of the application for aid unless it is based upon the
failure to meet relevant eligibility requirements.
11266.5. (a) Every applicant for aid under this chapter shall be
informed of the availability of lump-sum diversion services to
resolve the circumstances that require the family to apply for
assistance prior to the family's approval for aid.
(b) When an applicant is determined to be eligible for assistance
under this chapter, the county shall assess whether the applicant
would benefit from the lump-sum diversion program. The county shall
make this determination in its sole discretion. In making this
determination, the county shall consider whether the applicant is
likely to be able to avoid the need for extended assistance beyond
the diversion period if the family was provided one-time assistance.
In making this determination, the county may consider any of the
following:
(1) The applicant's employment history.
(2) The likelihood of the applicant obtaining immediate full-time
employment.
(3) The applicant's general prospect for obtaining full-time
employment.
(4) The applicant's need for cash assistance to pay for housing or
substantial and unforseen expenses or work-related expenses.
(5) Housing stability.
(6) The adequacy of the applicant's child care arrangements, if
applicable.
(c) If the county determines, pursuant to subdivision (b), that an
applicant could benefit from a lump-sum diversion payment, the
county shall inform the applicant of its determination.
(d) An applicant for aid under this chapter may either participate
in the lump-sum diversion program or decline participation in
diversion and, instead, receive aid as otherwise provided for in this
chapter.
(e) Lump-sum diversion services provided under this section may
include any cash or noncash payment and shall be negotiated by the
county and the applicant in order to assist the applicant in avoiding
the need for aid under this chapter.
(f) If, after accepting a diversion payment pursuant to this
section, the individual reapplies for aid under this chapter within
the amount of time that corresponds with the number of months of aid
that would have been received under this chapter that was received as
a diversion payment, excluding a partial month, and he or she is
determined to be eligible for aid, the county shall, at the option of
the recipient, either recoup from the recipient's grant, over a
period of time to be determined by the county, the amount of the
diversion payment that the recipient received, or count the period of
time that corresponds to the number of months of aid that would have
been received, excluding a partial month of aid, towards the
60-month time limit on aid specified in subdivision (b) of Section
11454.
(g) To the extent permitted by federal law, lump-sum diversion
payments shall not be considered income for the purpose of
determining eligibility for food stamps.
(h) Any child support collected by the applicant or recovered by
the county shall not be used to offset the diversion payment.
(i) During the period of the diversion, the applicant family shall
be eligible for Medi-Cal and child care assistance pursuant to
Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of
the Education Code, if otherwise eligible.
11268. (a) Each applicant for or recipient of aid shall be required
as a condition of eligibility, to furnish the applicant's social
security account number (or numbers, if the applicant has more than
one social security account number) or submit verification of
application for a social security account number.
(b) (1) If the applicant or recipient cannot complete the
application for a social security account number because the
necessary documentation is not immediately available, the county
shall determine if good cause exists.
(2) For purposes of this section, "good cause" includes situations
in which the necessary documentation for the application for a
social security account number is not immediately available at the
time of application.
(c) (1) If good cause exists, and the applicant or recipient is
otherwise eligible, the applicant or recipient is eligible for
assistance pursuant to this section for the maximum period permitted
by federal law, while he or she attempts to obtain the necessary
documents to complete the application.
(2) The federal time period shall apply to all recipients of aid,
whether or not federal financial assistance is available.
(3) The county shall make every effort to assist the individual in
obtaining the documents required by this section.
(d) The department shall adopt regulations in accord with federal
law regarding applications for the social security account number and
the definition of good cause.
(e) The county shall utilize the social security account numbers
in the administration of aid.
11269. No child shall receive aid under this chapter while he is a
patient in a public hospital, except with respect to temporary
medical or surgical care not exceeding two calendar months, in which
event the child shall be eligible to receive not to exceed two
monthly warrants after becoming a patient.
11270. Applicants for and recipients of Aid to Families with
Dependent Children who are not exempt from registration under Section
11310 and who are apparently eligible for unemployment insurance
shall, as a condition of eligibility, apply for, meet all the
conditions of eligibility for, and accept any unemployment insurance
benefits for which the Employment Development Department determines
they are eligible. Upon determination that individuals registered
under Section 11310 have failed to meet all the conditions of
eligibility for unemployment insurance, the county shall make a good
cause determination under standards established by the department.
These standards shall be the same as those which govern the Work
Incentive Program. Applicants and recipients who are exempt from work
registration under Section 11310 and who are apparently eligible for
unemployment insurance benefits shall, as a condition of
eligibility, apply for and accept any unemployment insurance benefits
for which the Employment Development Department determines they are
eligible. The department shall establish by regulations the standards
to determine apparent eligibility for unemployment insurance.
11250. Aid, services, or both shall be granted under the provisions
of this chapter, and subject to the regulations of the department,
to families with related children under the age of 18 years, except
as provided in Section 11253, in need thereof because they have been
deprived of parental support or care due to:
(a) The death, physical or mental incapacity, or incarceration of
a parent.
(b) The unemployment of a parent or parents.
(c) Continued absence of a parent from the home due to divorce,
separation, desertion, or any other reason, except absence occasioned
solely by reason of the performance of active duty in the uniformed
services of the United States. "Continued absence" exists when the
nature of the absence is such as either to interrupt or to terminate
the parent's functioning as a provider of maintenance, physical care,
or guidance for the child, and the known or indefinite duration of
the absence precludes counting on the parent's performance of the
function of planning for the present support or care of the child. If
these conditions exist, the parent may be absent for any reason, and
may have left only recently or some time previously.
11250.4. Aid under this chapter shall not be payable to an
assistance unit if a caretaker relative is, on the last day of the
month, participating in a strike, unless the strike is necessitated
by an imminent health and safety hazard or abnormally dangerous
working conditions at the place of employment as determined by the
Division of Occupational Safety and Health, or a lockout as defined
in Section 1132.8 of the Labor Code. For the purposes of this
section, a strike necessitated by an imminent health and safety
hazard or abnormally dangerous working condition shall last only so
long as necessitated by the imminent hazard or abnormally dangerous
working condition. If an individual other than a caretaker relative
is participating in a strike, as defined in this section, on the last
day of the month, subject to the exceptions and their limitations
set forth in this section, that individual's needs shall not be
included in determining the amount of aid payable to the assistance
unit for the month during which the individual is participating in
the strike on the last day of that month.
11250.6. Except where inconsistent with federal laws, the income of
any person under a contract of employment on an annual basis but who
works and receives income from such contract in fewer than 12
months, but more than eight months, shall be prorated over the period
of the contract for the purposes of this chapter.
11250.7. Except where inconsistent with federal law, the salary of
a full-time certificated employee of a school district shall be
prorated over a 12-month period for the purposes of determining
eligibility for aid under this chapter.
11250.8. If an applicant for, or recipient of, benefits pursuant to
this chapter receives one or more educational loans or grants, for
purposes of determining availability of income, that person's
educational expenses shall not be applied to any educational loans or
grants which, under federal or state law, are totally exempt from
consideration as income for purposes of determining eligibility for
benefits under this chapter.
11251.3. (a) An individual shall be ineligible for aid under this
chapter if the individual has been convicted in state or federal
court after December 31, 1997, including any plea of guilty or nolo
contendere, of any offense classified as a felony and that has as an
element of the possession, use, or distribution of a controlled
substance, defined in Section 102(6) of the Controlled Substance Act
(21 U.S.C. Sec. 802(6)).
(b) For a family receiving aid under this chapter that includes an
individual who is ineligible pursuant to subdivision (a), a county
shall issue vouchers or vendor payments for at least rent and
utilities payments.
11251.3. (a) An individual shall be ineligible for aid under this
chapter if the individual has been convicted in state or federal
court after December 31, 1997, including any plea of guilty or nolo
contendere, of a felony that has as an element the possession, use,
or distribution of a controlled substance, defined in Section 102(6)
of the Controlled Substances Act (21 U.S.C. Sec. 802(6)) or Division
10 (commencing with Section 11000) of the Health and Safety Code.
(b) For a family receiving aid under this chapter that includes an
individual who is ineligible pursuant to subdivision (a), a county
shall issue vouchers or vendor payments for at least rent and
utilities payments.
11253. (a) Except as provided in subdivision (b), aid shall not be
granted under this chapter to or on behalf of any child who has
attained 18 years of age unless all of the following apply:
(1) The child is less than 19 years of age and is attending high
school or the equivalent level of vocational or technical training on
a full-time basis.
(2) The child can reasonably be expected to complete the
educational or training program before his or her 19th birthday.
(b) On and after January 1, 2012, aid shall be granted under this
chapter to or on behalf of any nonminor dependent, as defined in
subdivision (v) of Section 11400, if the nonminor dependent is placed
in the approved home of a relative under the supervision of the
county child welfare or probation department or Indian tribe that has
entered into an agreement pursuant to Section 10553.1, and the
nonminor dependent otherwise is eligible pursuant to Section 11403.
11253.3. (b) The nonminor dependent shall continue to receive the
same grant amount as a CalWORKs grant recipient in an assistance unit
of one, pursuant to the amount set forth in Section 11450. Any
changes to the CalWORKs grant amount shall also apply to the nonminor
dependent's grant.
11253.5. (a) All children in an assistance unit for whom school
attendance is compulsory, except individuals who are eligible for the
Cal-Learn program under Article 3.5 (commencing with Section 11331)
and children subject to a county school attendance project under
Article 2 (commencing with Section 18236) of Chapter 3.3 of Part 6,
shall be required to attend school.
(b) Applicants for and recipients of aid under this chapter shall
be informed of the attendance requirement and it shall be included in
the recipient's welfare-to-work plan under Section 11325.21.
(c) A recipient shall cooperate in providing the county with
documentation routinely available from the school or school district
of regular attendance of all applicable children in the assistance
unit when the county determines it is appropriate.
(d) If it is determined by the county that any eligible child
under the age of 16 years is not regularly attending school as
required, the needs of all adults in the assistance unit shall not be
considered in computing the grant of the family under Section 11450
unless it has been determined by the county that good cause exists.
(e) If it is determined by the county that any child in the
assistance unit who is age 16 years or older is not regularly
attending school as required, or participating pursuant to a
welfare-to-work plan, the needs of the child shall not be considered
in computing the grant of the family under Section 11450 unless it
has been determined by the county that good cause exists.
11254. (a) Subject to subdivision (b), in the case of any
individual who is under the age of 18 years and has never married,
and who is pregnant or has a dependent child in his or her care:
(1) The individual may receive aid under this chapter for the
individual and the child, if otherwise eligible, only if the
individual and child reside in a place of residence maintained by a
parent, legal guardian, or other adult relative of the individual as
the parent's, guardian's, or adult relative's own home, or in another
adult-supervised supportive living arrangement.
(2) The aid, where possible, shall be provided to the parent,
legal guardian, or other adult relative on behalf of the individual.
(b) Subdivision (a) does not apply in any of the following
circumstances:
(1) The individual has no parent or legal guardian of his or her
own who is living or whose whereabouts are known.
(2) No living parent or legal guardian of the individual allows
the individual to live in the home of the parent or guardian.
(3) It is determined by the child protective services worker that
the physical or emotional health or safety of the individual or child
would be jeopardized if the individual and child lived in the same
residence with the individual's own parent, legal guardian or other
adult relative.
(4) The individual lived apart from his or her parent or legal
guardian for a period of at least one year before either the birth of
any such child or the individual having made application for aid
under this chapter.
(5) It is determined in accordance with federal regulations that
there is good cause for waiving subdivision (a).
11256. For the purposes of this chapter only, the ownership of
stock in a water company not appurtenant to the land shall be
considered real property to the extent of and in the amount necessary
to obtain water for agricultural purposes.
11257. (a) No aid under this chapter shall be granted or paid for
any child who has real or personal property, the combined market
value reduced by any obligations or debts with respect to this
property of which exceeds one thousand dollars ($1,000), or for any
child or children in one family who have, or whose parents have, or
the child or children and parents have, real and personal property
the combined market value reduced by any obligations or debts with
respect to this property which exceeds one thousand dollars ($1,000).
For purposes of this subdivision, real and personal property shall
be considered both when actually available and when the applicant or
recipient has a legal interest in a liquidated sum and has the legal
ability to make that sum available for support and maintenance.
(b) Notwithstanding subdivision (a) above, an applicant or
recipient may retain the following:
(1) Personal or real property owned by him or her, or in
combination with any other person, without reference to its value, if
it serves to provide the applicant or recipient with a home. If the
basic home is a unit in a multiple dwelling, then only that unit
shall be exempt.
For the purposes of paragraph (1), if an applicant has entered
into a marital separation for the purpose of trial or legal
separation or dissolution, real property which was the usual home of
the applicant shall be exempt for three months following the end of
the month in which aid begins. If the recipient was receiving aid
when the marital separation occurred, the period of exemption shall
be three months following the end of the month in which the
separation occurs. To remain exempt following this three-month
period, the home must be occupied by the recipient, or be unavailable
for use, control, and possession due to legal proceedings affecting
a property settlement or sale of the property.
(2) Personal property consisting of one automobile with maximum
equity value as permitted by federal law.
(3) In addition to the foregoing, the director may at his or her
discretion, and to the extent permitted by federal law, exempt other
items of personal property not exempted under this section.
11257. (a) To the extent not inconsistent with Sections 11265.1,
11265.2, 11265.3, and 11004.1, no aid under this chapter shall be
granted or paid for any child who has real or personal property, the
combined market value reduced by any obligations or debts with
respect to this property of which exceeds one thousand dollars
($1,000), or for any child or children in one family who have, or
whose parents have, or the child or children and parents have, real
and personal property the combined market value reduced by any
obligations or debts with respect to this property which exceeds one
thousand dollars ($1,000).
For purposes of this subdivision, real and personal property shall
be considered both when actually available and when the applicant or
recipient has a legal interest in a liquidated sum and has the legal
ability to make that sum available for support and maintenance.
(b) Notwithstanding subdivision (a) above, an applicant or
recipient may retain the following:
(1) Personal or real property owned by him or her, or in
combination with any other person, without reference to its value, if
it serves to provide the applicant or recipient with a home. If the
basic home is a unit in a multiple dwelling, then only that unit
shall be exempt.
For the purposes of paragraph (1), if an applicant has entered
into a marital separation for the purpose of trial or legal
separation or dissolution, real property which was the usual home of
the applicant shall be exempt for three months following the end of
the month in which aid begins. If the recipient was receiving aid
when the marital separation occurred, the period of exemption shall
be three months following the end of the month in which the
separation occurs. To remain exempt following this three-month
period, the home must be occupied by the recipient, or be unavailable
for use, control, and possession due to legal proceedings affecting
a property settlement or sale of the property.
(2) Personal property consisting of one automobile with maximum
equity value as permitted by federal law.
(3) In addition to the foregoing, the director may at his or her
discretion, and to the extent permitted by federal law, exempt other
items of personal property not exempted under this section.
11257.5. Notwithstanding the property limitations in subdivision
(a) of Section 11257, a family may retain, for nine months, real
property if the family is making a good faith effort to sell the real
property. However, any aid payable to the family for the nine-month
period shall be conditioned upon the sale. At the time of the sale
any aid payments made during the nine-month period shall be
considered overpayments to the extent they would not have been made
had the sale occurred at the beginning of the nine-month period.
Notwithstanding Section 11004 overpayments shall be recouped from the
proceeds of the sale. If the real property has not been sold at the
end of the nine-month period, the family shall be ineligible for aid
if the combined net value of the real and personal property owned by
the family exceeds the one thousand dollar ($1,000) limitation in
Section 11257.
Notwithstanding Section 11007 as a condition to the granting of
aid pursuant to this section, the family shall grant the county a
lien upon the real property as security for the aid to be paid. The
lien shall be used to recoup any overpayments incurred pursuant to
this section. Notwithstanding any other provision of law, the lien
shall not be enforceable by the sale of the secured property by the
county. The lien of the county shall be paid upon the sale of the
property.
The department shall define good faith effort in regulation.
11259. For the purposes of this chapter, "personal property" shall
not include the value of property belonging to an absent parent and
not available to the family.
11260. A child's share of any estate, which share has not been
distributed and of which he has no present economic use, does not
constitute property for the purpose of this chapter.
11263. Except as provided in Sections 11253 and 11455, no person
over the age of 18 years is a needy child within the meaning of this
chapter.
11263.5. Notwithstanding any other provision of this chapter, a
child living with his or her parent, where the parent is a minor and
a recipient of foster care pursuant to Article 5 (commencing with
Section 11400), is not an eligible child within the meaning of this
chapter for the purpose of payment of AFDC benefits other than
AFDC-FC benefits.
11264. No child maintained in an institution, for whom a bona fide
offer of a proper home has been made, is eligible for further aid;
but no institution shall be required to surrender a child to any
person of religious faith different from that of the child or the
parents of the child.
11265. (a) The county shall redetermine eligibility annually. The
county shall at the time of the redetermination, and may at other
intervals as may be deemed necessary, require the family to complete
a certificate of eligibility containing a written declaration of the
information that may be required to establish the continuing
eligibility and amount of grant pursuant to Section 11004.
(b) The certificate shall include blanks wherein shall be stated
the names of all children receiving aid, their present place of
residence, the names and status of any other adults living in the
home, the name, and if known, the social security number and present
whereabouts of a parent who is not living in the home, and any
outside income that may have been received through employment, gifts,
or the sale of real or personal property.
Each adult member of the family shall provide, under penalty of
perjury, the information necessary to complete the certificate.
(c) If the certificate is mailed to the family, it shall be
accompanied by a stamped envelope for its return. In the event the
certificate is not completed and returned within 10 days after it is
mailed or personally delivered to the family, a home visit or other
personal meeting shall be made to or with the family, and the
certificate shall then be completed with the assistance of the
eligibility worker, if needed.
The department may adopt regulations providing for waiver of the
deadline for returning the completed certificate when the recipient
is considered to be mentally or physically unable to meet the
deadline.
11265.1. (a) Except as provided in Section 11265.5, in addition to
the requirement for the annual redetermination of eligibility, the
department shall establish regulations consistent with federal law to
implement a recipient monthly reporting system for use in
determining monthly eligibility and the amount of the grant. The
department shall define what constitutes a complete report and shall
specify the deadlines for submitting a complete report, as well as
the consequences of, and good cause for, failure to submit a complete
report. The department shall adopt fair and equitable regulations
implementing the monthly reporting requirement.
(b) This section shall become inoperative on the date that the
director executes a declaration stating that Section 11265.2, as
added by the act adding this subdivision, is fully implemented
statewide, and shall be repealed on January 1 of the year following
the year in which it becomes inoperative.
11265.1. (a) In addition to the requirement for an annual
redetermination of eligibility, counties shall redetermine recipient
eligibility and grant amounts on a quarterly basis using prospective
budgeting. Counties shall use the information reported on a recipient'
s quarterly report form to prospectively determine eligibility and
grant amount for the following quarterly reporting period.
(b) A quarterly reporting period shall be three consecutive
calendar months. The recipient shall submit one quarterly report form
for each quarterly reporting period. Counties shall provide a
quarterly report form to recipients at the end of the second month of
the quarterly reporting period, and recipients shall return the
completed quarterly report form with required verification to the
county by the 11th day of the third month of the quarterly reporting
period.
(c) Counties may establish staggered quarterly reporting cycles
based on factors established or approved by the department,
including, but not limited to, application date or case number.
(d) The quarterly report form shall be signed under penalty of
perjury, and shall include only information necessary to determine
CalWORKs and food stamp eligibility and calculate the CalWORKs grant
amount and food stamp allotment, as specified by the department. The
form shall be as comprehensible as possible for recipients and shall
require recipients to provide the following:
(1) Information about income received during the second month of
the quarterly reporting period.
(2) Information about income that the recipient anticipates
receiving during the following quarterly reporting period.
(3) Any other changes to facts required to be reported, together
with any changes to those facts that the recipient anticipates will
occur. The recipient shall provide verification as specified by the
department with the quarterly report form.
(e) A quarterly report form shall be considered complete if the
following requirements, as specified by the department, are met:
(1) The form is signed no earlier than the first day of the third
month of the quarterly reporting period by the persons specified by
the department.
(2) All questions and items pertaining to CalWORKs and food stamp
eligibility and grant amount are answered.
(3) Verification required by the department is provided.
(f) If a recipient fails to submit a complete quarterly report
form, as defined in subdivision (e), by the 11th day of the third
month of the quarterly reporting period, the county shall provide the
recipient with a notice that the county will terminate benefits at
the end of the month. Prior to terminating benefits, the county shall
attempt to make personal contact to remind the recipient that a
completed report is due, or, if contact is not made, shall send a
reminder notice to the recipient no later than five days prior to the
end of the month. Any discontinuance notice shall be rescinded if a
complete report is received by the first working day of the first
month of the following quarterly reporting period.
(g) The county may determine, at any time prior to the last day of
the calendar month following discontinuance for nonsubmission of a
quarterly report form, that a recipient had good cause for failing to
submit a complete quarterly report form, as defined in subdivision
(e), by the first working day of the month following discontinuance.
If the county finds a recipient had good cause, as defined by the
department, it shall rescind the discontinuance notice. Good cause
exists only when the recipient cannot reasonably be expected to
fulfill his or her reporting responsibilities due to factors outside
of the recipient's control.
11265.2. (a) The grant amount a recipient shall be entitled to
receive for each month of the quarterly reporting period shall be
prospectively determined as provided by this section. If a recipient
reports that he or she does not anticipate any changes in income
during the upcoming quarter, compared to the income the recipient
reported actually receiving on the quarterly report form, the grant
shall be calculated using the actual income received. If a recipient
reports that he or she anticipates a change in income in one or more
months of the upcoming quarter, the county shall determine whether
the recipient's income is reasonably anticipated. The grant shall be
calculated using the income that the county determines is reasonably
anticipated in each of the three months of the upcoming quarter.
(b) For the purposes of the quarterly reporting, prospective
budgeting system, income shall be considered to be "reasonably
anticipated" if the county is reasonably certain of the amount of
income and that the income will be received during the quarterly
reporting period. The county shall determine what income is
"reasonably anticipated" based on information provided by the
recipient and any other available information.
(c) If a recipient reports that their income in the upcoming
quarter will be different each month and the county needs additional
information to determine a recipient's reasonably anticipated income
for the following quarter, the county may require the recipient to
provide information about income for each month of the prior quarter.
(d) Grant calculations pursuant to subdivision (a) may not be
revised to adjust the grant amount during the quarterly reporting
period, except as provided in Section 11265.3 and subdivisions (e),
(f), (g), and (h), and as otherwise established by the department.
(e) Notwithstanding subdivision (d), statutes and regulations
relating to (1) the 60-month time limit, (2) age limitations for
children under Section 11253, and (3) sanctions and financial
penalties affecting eligibility or grant amount shall be applicable
as provided in such statutes and regulations. Eligibility and grant
amount shall be adjusted during the quarterly reporting period
pursuant to such statutes and regulations effective with the first
monthly grant after timely and adequate notice is provided.
(f) Notwithstanding Section 11056, if an applicant applies for
assistance for a child who is currently aided in another assistance
unit, and the county determines that the applicant has care and
control of the child, as specified by the department, and is
otherwise eligible, the county shall discontinue aid to the child in
the existing assistance unit and shall aid the child in the applicant'
s assistance unit effective as of the first of the month following
the discontinuance of the child from the existing assistance unit.
(g) If the county is notified that a child for whom CalWORKs
assistance is currently being paid has been placed in a foster care
home, the county shall discontinue aid to the child at the end of the
month of placement. The county shall discontinue the case if the
remaining assistance unit members are not otherwise eligible.
(h) If the county determines that a recipient is no longer a
California resident, pursuant to Section 11100, the recipient shall
be discontinued. The county shall discontinue the case if the
remaining assistance unit members are not otherwise eligible.
11265.3. (a) In addition to submitting the quarterly report form as
required in Section 11265.1, during the quarterly reporting period,
a recipient shall report the following changes to the county orally
or in writing, within 10 days of the change:
(1) The receipt at any time during a quarterly reporting period of
income, as provided by the department, in an amount that is likely
to render the recipient ineligible, as provided by the department.
(2) The occurrence at any time during a quarterly reporting period
of a drug felony conviction as specified in Section 11251.3.
(3) The occurrence, at any time during a quarterly reporting
period, of an individual fleeing prosecution or custody or
confinement, or violating a condition of probation or parole as
specified in Section 11486.5.
(b) Counties shall inform each recipient of the duty to report
under paragraph (1) of subdivision (a), the consequences of failing
to report, and the amount of income likely to render the family
ineligible for benefits no less frequently than once per quarter.
(c) When a recipient reports income pursuant to paragraph (1) of
subdivision (a) the county shall redetermine eligibility and grant
amounts as follows:
(1) If the recipient reports a change for the first or second
month of a current quarterly reporting period, the county shall
verify the report and determine if the recipient is financially
ineligible. If the recipient is determined to be financially
ineligible based on this income, the county shall discontinue the
recipient after timely and adequate notice in accordance with rules
applicable to the federal Food Stamp program.
(2) If the recipient reports a change for the third month of a
current quarterly reporting period, the county shall not redetermine
eligibility for the current quarterly reporting period, but shall
redetermine eligibility and grant amount for the following quarterly
reporting period as provided in Section 11265.2.
(d) (1) During the quarterly reporting period, a recipient may
report to the county, orally or in writing, any changes in income or
household circumstances that may increase the recipient's grant.
(2) Counties shall act upon changes in income reported during the
quarterly reporting period that result in an increase in benefits,
after verification specified by the department is received. Reported
changes in income that increase the grant shall be effective for the
entire month in which the change is reported. If the reported change
in income results in an increase in benefits, the county shall issue
the increased benefit amount within 10 days of receiving required
verification.
(3) (A) When a decrease in gross monthly income is voluntarily
reported and verified, the county shall redetermine the grant for the
current month and any remaining months in the quarterly reporting
period by averaging the actual gross monthly income reported and
verified from the voluntary report for the current month and the
gross monthly income that is reasonably anticipated for any future
month remaining in the quarterly reporting period.
(B) When the average is determined pursuant to subparagraph (A),
and a grant amount is calculated based upon the averaged income, if
the grant amount is higher than the grant currently in effect, the
county shall revise the grant for the current month and any remaining
months in the quarter to the higher amount and shall issue any
increased benefit amount as provided in paragraph (2).
(4) Except as provided in subdivision (e), counties shall act only
upon changes in household composition voluntarily reported by the
recipients during the quarterly reporting period that result in an
increase in benefits, after verification specified by the department
is received. If the reported change in household composition is for
the first or second month of the quarterly reporting period and
results in an increase in benefits, the county shall redetermine the
grant effective for the month following the month in which the change
was reported. If the reported change in household composition is for
the third month of a quarterly reporting period, the county shall
not redetermine the grant for the current quarterly reporting period,
but shall redetermine the grant for the following reporting period
as provided in Section 11265.2.
(e) During the quarterly reporting period, a recipient may request
that the county discontinue the recipient's entire assistance unit
or any individual member of the assistance unit who is no longer in
the home or is an optional member of the assistance unit. If the
recipient's request was verbal, the county shall provide a 10-day
notice before discontinuing benefits. If the recipient's report was
in writing, the county shall discontinue benefits effective the end
of the month in which the request is made, and simultaneously issue a
notice informing the recipient of the discontinuance.
(f) The department, in consultation with the County Welfare
Directors Association (CWDA), shall report to the relevant policy and
fiscal committees of the Legislature in April 2005 regarding the
effects upon program efficiency and integrity of implementation of
the midquarter reporting requirement set forth in subdivision (a).
The report shall be based on data collected by CWDA and select
counties. The department, in consultation with CWDA, shall determine
the data collection needs required to assess the effects of the
specified midquarter report.
11265.5. (a) (1) The department may, subject to the requirements of
federal regulations and Section 18204, conduct three pilot projects,
to be located in the Counties of Los Angeles, Merced, and Santa
Clara, upon approval of the department and the participating
counties. The pilot projects shall test the reporting systems
described in subparagraphs (A), (B), and (C) of paragraph (4).
(2) (A) The pilot project conducted in Los Angeles County shall
test one or both reporting systems described in subparagraphs (A) and
(B) of paragraph (4). The pilot project population for each test
shall be limited to 10,000 cases.
(B) The pilot projects in the other counties shall test one of the
reporting systems described in subparagraph (A) or (C) of paragraph
(4) and shall be limited to 2,000 cases per project.
(3) (A) The pilot projects shall be designed and conducted
according to standard scientific principles, and shall be in effect
for a period of 24 months.
(B) The projects may be extended an additional year upon the
approval of the department.
(C) The projects shall be designed to compare the monthly
reporting system with alternatives described in paragraph (4) as to
all of the following phenomena:
(i) Administrative savings resulting from reduced worker time
spent in reviewing monthly reports.
(ii) The amount of cash assistance paid to families.
(iii) The rate of administrative errors in cases and payments.
(iv) The incidence of underpayments and overpayments and the costs
to recipients and the administering agencies of making corrective
payments and collecting overpayments.
(v) Rates at which recipients lose eligibility for brief periods
due to failure to submit a monthly report but file new applications
for aid and thereafter are returned to eligible status.
(vi) Cumulative benefits and costs to each level of government and
to aid recipients resulting from each reporting system.
(vii) The incidence of, and ability to, prosecute fraud.
(viii) Ease of use by clients.
(ix) Case errors and potential sanction costs associated with
those errors.
(4) The pilot projects shall adopt reporting systems providing for
one or more of the following:
(A) A reporting system that requires families with no income or
whose only income is comprised of old age, survivors, or disability
insurance benefits administered pursuant to Subchapter 2 (commencing
with Section 401) of Chapter 7 of Title 42 of the United States Code,
and with no recent work history to report changes in circumstances
that affect eligibility and grant amount as changes occur. These
changes shall be reported directly to the county welfare department
in person, in writing, or by telephone. In all cases in which monthly
reporting is not required, a form advising recipients of what
changes must be reported, and how they may be reported shall be
provided to recipients of aid along with benefit payments each month.
(B) A reporting system that permits families with no income or
whose only income is comprised of old age, survivors, or disability
insurance benefits administered pursuant to Subchapter 2 (commencing
with Section 401) of Chapter 7 of Title 42 of the United States Code,
and with no changes in eligibility criteria, to report
electronically monthly, using either an audio response or the food
stamp on-line issuance and recording system, or a combination of
both. Adequate instruction and training shall be provided to county
welfare department staff and to recipients who choose to use this
system prior to its implementation.
(C) A reporting system that requires all families to report
changes in circumstances that affect eligibility and grant amount as
changes occur. The changes shall be reported directly to the county
welfare department in person, in writing, or by telephone. In all
cases in which monthly reporting is not required, a form advising
recipients of what changes must be reported, and how they may be
reported, shall be provided to recipients of aid along with benefit
payments each month.
(b) (1) The participating counties shall be responsible for
preparing federal demonstration project proposals, to be submitted by
the department, upon the department's review and approval of the
proposals, to the federal agency on the counties' behalf. The
development, operation, and evaluation of the pilot projects shall
not result in an increase in the state allocation of county
administrative funds.
(1.5) Each pilot county shall prepare and submit quarterly
reports, annual reports, and a final report to the department.
(2) Each quarterly report shall be submitted no later than 30
calendar days after the end of the quarter.
(3) Each annual report shall be submitted no later than 45 days
after the end of the year.
(4) (A) Each pilot county shall submit a final report not later
than 90 days following completion of the pilot projects required by
this section.
(B) (i) As part of the final report, the pilot counties shall
prepare and submit evaluations of the pilot projects to the
department.
(ii) Each evaluation shall include, but not be limited to, an
analysis of the factors set forth in paragraph (3) of subdivision (a)
compared to each other and the current reporting systems in both the
AFDC and Food Stamp programs. The final evaluations shall be
prepared by an independent consultant or consultants contracted with
for that purpose prior to the commencement of the projects.
(C) The department shall review and approve the evaluations
submitted by the pilot counties and shall submit them to the
appropriate policy and fiscal committees of the Legislature.
(c) The department may terminate any or all of the pilot projects
implemented pursuant to this section after a period of six months of
operation if one or more of the pilot counties submits data to the
department, or information is otherwise received, indicating that the
pilot project or projects are not cost-effective or adversely impact
recipients or county or state operations based on the factors set
forth in subparagraph (C) of paragraph (3) of subdivision (a).
(d) The pilot projects shall be implemented only upon receipt of
the appropriate federal waivers.
11265.6. (a) The department may conduct up to five demonstrations
of alternatives to the current monthly reporting system, food stamp
recertification, and AFDC redeterminations. These demonstrations
shall be designed to reduce paperwork, achieve administrative
savings, and maintain or enhance program integrity. The department,
in consultation with the counties that request designation as a
demonstration county, shall determine the scope of the
demonstrations.
(b) The director may waive, with federal approval, the enforcement
of specific Food Stamp Program requirements, regulations, and
standards necessary to conduct these demonstrations.
11265.7. (a) The department may conduct a demonstration in up to
three counties of alternatives to the current monthly reporting
system, food stamp recertification, and AFDC redeterminations for
recipients of alternative assistance. This demonstration shall be
designed to reduce paperwork, achieve administrative savings, and
maintain or enhance program integrity. The department, in
consultation with the counties which request designation as a
demonstration county shall determine the scope of the demonstrations.
(b) The director may waive, with federal approval, the enforcement
of specific Food Stamp Program requirements, regulations, and
standards necessary to conduct these demonstrations.
11265.8. (a) All applicants for aid under this chapter, within 30
days of the determination of eligibility for Medi-Cal benefits under
Chapter 7 (commencing with Section 14000), and 45 days for applicants
already eligible for benefits under Chapter 7 (commencing with
Section 14000), and all recipients of aid under this chapter within
45 days of a full or financial redetermination of eligibility for aid
under this chapter, shall provide documentation that all children in
the assistance unit not required to be enrolled in school have
received all age appropriate immunizations, unless it has been
medically determined that an immunization for a child is not
appropriate or the applicant or recipient has filed with the county
welfare department an affidavit that the immunizations are contrary
to the applicant's or recipient's beliefs. If the county determines
that good cause exists for not providing the required documentation
due to lack of reasonable access to immunization services, the period
shall be extended by an additional 30 days. If the documentation is
not provided within the required time period, the needs of all
parents or caretaker relatives in the assistance unit shall not be
considered in determining the grant to the assistance unit under
Section 11450 until the required documentation is provided. The
department shall track and maintain information concerning the number
of sanctions imposed under this section.
(b) At the time of application and at the next redetermination of
eligibility for aid under this chapter, all applicants and recipients
shall be given notice advising them of their obligation to secure
the immunizations required in subdivision (a). The notice shall also
contain all of the following:
(1) The Recommended Childhood Immunization Schedule, United
States, and the Recommended Immunization Schedule for Children Not
Immunized on Schedule in the First Year of Life, as appropriate,
approved by the Advisory Committee on Immunization Practices, the
American Academy of Pediatrics, and the American Academy of Family
Physicians.
(2) A description of how to obtain the immunizations through a
fee-for-service provider that accepts Medi-Cal, a Medi-Cal managed
care plan, a county public health clinic, or any other source that
may be available in the county as appropriate.
(3) A statement that the applicant or recipient may file an
affidavit claiming that the immunizations are contrary to the
applicant's or recipient's beliefs.
11265.9. Whenever aid to an individual or family is discontinued
under this chapter for any reason other than fraud, the department
shall include, in the notice of termination of aid, a brief summary
of the requirements for transitional Medi-Cal benefits provided for
pursuant to Sections 14005.8, 14005.81, and 14005.85, and Section
50243 of Title 22 of the California Code of Regulations, as well as a
form that the individual or family may fill out and return to
request transitional Medi-Cal benefits.
11266. (a) At the time of application, the county shall determine
whether the applicant needs immediate assistance because the
applicant does not have sufficient resources to meet his or her
emergency needs, and shall determine whether the applicant is
apparently eligible for aid under this chapter.
(1) The county shall determine that the applicant needs immediate
assistance if the family's total available liquid resources, both
nonexempt and exempt, are less than one hundred dollars ($100) and
there is an emergency situation, whether foreseeable or not. Examples
of emergency situations include, but are not limited to, lack of
housing, lack of food, notice of termination or loss of utility
service, lack of essential clothing (including diapers), and
inability to meet essential transportation needs.
(2) Apparent eligibility exists when evidence presented by the
applicant or which is otherwise available to the county welfare
department and the information provided on the application documents
indicate that there would be eligibility for aid under this chapter
if the evidence and information were verified. An alien applicant who
does not provide verification of his or her eligible alien status,
or a woman with no eligible children who does not provide medical
verification of pregnancy, shall not be considered to be apparently
eligible under this subdivision.
(b) If an applicant needs immediate assistance, and is apparently
eligible for aid as defined in subdivision (a), the county shall pay
the applicant two hundred dollars ($200) or the maximum amount for
which that applicant is eligible, whichever is less. The advance
payment shall be made by the end of the first working day following
the request for that aid. The county shall verify the applicant's
eligibility for aid within 15 working days of the date that immediate
need is requested, and advance payments made under this section
shall be offset against the first grant payment made to the
recipient.
(c) An applicant's receipt of a notice of eviction, including a
three-day notice to pay or quit, shall constitute an emergency
situation under subdivision (a), irrespective of the one hundred
dollar ($100) resource test, if the applicant has insufficient income
or resources to pay the rent owing. In those cases, the county shall
give the applicant the option of receiving an immediate advance on
the grant as described in subdivision (b), or an expedited
determination of eligibility for aid. Before an applicant decides
between these two options, the county shall fully apprise the
applicant, in writing, of all information necessary to establish
eligibility for aid. If an applicant requests expedited determination
of eligibility for aid, the county shall complete the determination
of eligibility for aid under this chapter, and, if the applicant is
determined to be eligible, issue payment of the full prorated grant
no more than three working days from the request for immediate need.
If the eligibility determination is not made within this three-day
period, the county shall immediately pay the applicant two hundred
dollars ($200) or the maximum amount for which the applicant is
eligible, whichever is less, as specified in subdivisions (a) and
(b). The county shall verify the applicant's eligibility within 15
working days of the date of the request for immediate assistance, and
advance payments made under this subdivision shall be offset against
the first grant payment made to the recipient.
(d) (1) The county may deny an immediate advance payment if the
applicant's only immediate need is homelessness and this need will be
met by issuance of nonrecurring special needs payment in accordance
with subdivision (f) of Section 11450, or if the applicant's only
immediate need is lack of food and this need will be met by issuance
of food stamps within one working day of the request therefor. With
regard to all other immediate needs, an advance payment may be denied
and the applicant referred to another public or private program or
resource, if all of the following conditions are met:
(A) Not more than one referral is made and the referral, when
made, is to meet no more than one need.
(B) The county has verified in advance that the specific need can
be satisfactorily addressed by the other program or resource
immediately.
(C) Travel to the other program or resource will not impose a
hardship on the applicant.
(2) If, for any reason, the other program or resource does not
satisfactorily meet the applicant's need, the applicant shall be
immediately issued an advance payment, as specified in subdivision
(b).
(3) Except in the case of an applicant whose only need is lack of
food and the need is met with the issuance of food stamps within one
working day of the request, where an applicant's immediate need is
met by an alternative program or resource authorized in this
subdivision, the county shall verify the applicant's eligibility for
aid within 15 working days of the date of request.
(e) A denial of an immediate need application shall not constitute
a denial of the application for aid unless it is based upon the
failure to meet relevant eligibility requirements.
11266.5. (a) Every applicant for aid under this chapter shall be
informed of the availability of lump-sum diversion services to
resolve the circumstances that require the family to apply for
assistance prior to the family's approval for aid.
(b) When an applicant is determined to be eligible for assistance
under this chapter, the county shall assess whether the applicant
would benefit from the lump-sum diversion program. The county shall
make this determination in its sole discretion. In making this
determination, the county shall consider whether the applicant is
likely to be able to avoid the need for extended assistance beyond
the diversion period if the family was provided one-time assistance.
In making this determination, the county may consider any of the
following:
(1) The applicant's employment history.
(2) The likelihood of the applicant obtaining immediate full-time
employment.
(3) The applicant's general prospect for obtaining full-time
employment.
(4) The applicant's need for cash assistance to pay for housing or
substantial and unforseen expenses or work-related expenses.
(5) Housing stability.
(6) The adequacy of the applicant's child care arrangements, if
applicable.
(c) If the county determines, pursuant to subdivision (b), that an
applicant could benefit from a lump-sum diversion payment, the
county shall inform the applicant of its determination.
(d) An applicant for aid under this chapter may either participate
in the lump-sum diversion program or decline participation in
diversion and, instead, receive aid as otherwise provided for in this
chapter.
(e) Lump-sum diversion services provided under this section may
include any cash or noncash payment and shall be negotiated by the
county and the applicant in order to assist the applicant in avoiding
the need for aid under this chapter.
(f) If, after accepting a diversion payment pursuant to this
section, the individual reapplies for aid under this chapter within
the amount of time that corresponds with the number of months of aid
that would have been received under this chapter that was received as
a diversion payment, excluding a partial month, and he or she is
determined to be eligible for aid, the county shall, at the option of
the recipient, either recoup from the recipient's grant, over a
period of time to be determined by the county, the amount of the
diversion payment that the recipient received, or count the period of
time that corresponds to the number of months of aid that would have
been received, excluding a partial month of aid, towards the
60-month time limit on aid specified in subdivision (b) of Section
11454.
(g) To the extent permitted by federal law, lump-sum diversion
payments shall not be considered income for the purpose of
determining eligibility for food stamps.
(h) Any child support collected by the applicant or recovered by
the county shall not be used to offset the diversion payment.
(i) During the period of the diversion, the applicant family shall
be eligible for Medi-Cal and child care assistance pursuant to
Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of
the Education Code, if otherwise eligible.
11268. (a) Each applicant for or recipient of aid shall be required
as a condition of eligibility, to furnish the applicant's social
security account number (or numbers, if the applicant has more than
one social security account number) or submit verification of
application for a social security account number.
(b) (1) If the applicant or recipient cannot complete the
application for a social security account number because the
necessary documentation is not immediately available, the county
shall determine if good cause exists.
(2) For purposes of this section, "good cause" includes situations
in which the necessary documentation for the application for a
social security account number is not immediately available at the
time of application.
(c) (1) If good cause exists, and the applicant or recipient is
otherwise eligible, the applicant or recipient is eligible for
assistance pursuant to this section for the maximum period permitted
by federal law, while he or she attempts to obtain the necessary
documents to complete the application.
(2) The federal time period shall apply to all recipients of aid,
whether or not federal financial assistance is available.
(3) The county shall make every effort to assist the individual in
obtaining the documents required by this section.
(d) The department shall adopt regulations in accord with federal
law regarding applications for the social security account number and
the definition of good cause.
(e) The county shall utilize the social security account numbers
in the administration of aid.
11269. No child shall receive aid under this chapter while he is a
patient in a public hospital, except with respect to temporary
medical or surgical care not exceeding two calendar months, in which
event the child shall be eligible to receive not to exceed two
monthly warrants after becoming a patient.
11270. Applicants for and recipients of Aid to Families with
Dependent Children who are not exempt from registration under Section
11310 and who are apparently eligible for unemployment insurance
shall, as a condition of eligibility, apply for, meet all the
conditions of eligibility for, and accept any unemployment insurance
benefits for which the Employment Development Department determines
they are eligible. Upon determination that individuals registered
under Section 11310 have failed to meet all the conditions of
eligibility for unemployment insurance, the county shall make a good
cause determination under standards established by the department.
These standards shall be the same as those which govern the Work
Incentive Program. Applicants and recipients who are exempt from work
registration under Section 11310 and who are apparently eligible for
unemployment insurance benefits shall, as a condition of
eligibility, apply for and accept any unemployment insurance benefits
for which the Employment Development Department determines they are
eligible. The department shall establish by regulations the standards
to determine apparent eligibility for unemployment insurance.
