NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY WELFARE-TO-WORK REQUIREMENTS FOR RCA PARTICIPANTS


TABLE OF CONTENTS


CHAPTER 42-800 WELFARE-TO-WORK        REQUIREMENTS        FOR        REFUGEE        CASH ASSISTANCE (RCA) PARTICIPANTS


Section


Welfare-to-Work Requirements for RCA Participants: Introduction .................................................. 42-800


GAIN Welfare-to-Work Participation for RCA Participants ............................................................... 42-801


Job, Training, and Education Services for RCA

Welfare-to-Work Participants ............................................................................................................ 42-802


Basic Participant Welfare-to-Work Plan Requirements for RCA

Welfare-to-Work Participants ............................................................................................................ 42-803


Development of a Welfare-to-Work Plan for RCA Participants ......................................................... 42-804


Job Search for RCA Welfare-to-Work Participants............................................................................. 42-805


Services for RCA Welfare-to-Work Participants................................................................................. 42-806


Cause Determinations and Compliance for RCA Welfare-to-Work Participants ................................ 42-807


Good Cause Criteria for RCA Welfare-to-Work Participants ............................................................. 42-808


Compliance for RCA Welfare-to-Work Participants ........................................................................... 42-809


Financial Sanctions for RCA Welfare-to-Work Participants ............................................................... 42-810


State Hearing for RCA Welfare-to-Work Participants ........................................................................ 42-811
























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NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

Regulations        WELFARE-TO-WORK REQUIREMENTS FOR RCA PARTICIPANTS        42-802 (Cont.)


CHAPTER 42-800        WELFARE-TO-WORK        REQUIREMENTS        FOR        REFUGEE        CASH ASSISTANCE (RCA) PARTICIPANTS


42-800        WELFARE-TO-WORK REQUIREMENTS FOR RCA        42-800

PARTICIPANTS: INTRODUCTION


.1        RCA eligibles who are residing in areas in which the county plan provides for their participation in the  Welfare-to-Work Program shall be required, as a condition of eligibility, to participate in welfare-to-work activities.


.2        All Chapter 42-700 regulations shall apply for purposes of Refugee Cash Assistance welfare-to- work participants, unless superseded by regulations contained in Sections 42-800 through 42-811.


NOTE: Authority cited:  Sections 10553 and 10554, Welfare and Institutions Code.  Reference: Sections

11320, and 11321.6(b) and (d), Welfare and Institutions Code.




42-801        WELFARE-TO-WORK PARTICIPATION FOR RCA PARTICIPANTS        42-801


.1        The RCA eligible who meets the criteria in Sections 69-206.11 and 42-800.1 and who is not exempt under Section 69-208.4, shall participate, as a condition of eligibility.


.2        If the individual fails or refuses to participate, the procedures in Sections 69-209 and 69-210 shall apply.


.3        The CWD shall follow the procedures  in Section 42-711 except that RCA welfare-to-work participants  are  not  eligible  for  supportive services unless funded  through sources other than CalWORKs.


NOTE: Authority cited:  Sections 10553 and 10554, Welfare and Institutions Code.  Reference: Sections

11320, and 11321.6(b) and (c), Welfare and Institutions Code.




42-802        JOB, TRAINING, AND EDUCATION FOR RCA        42-802

WELFARE-TO-WORK PARTICIPANTS


.1        Education Services


.11        RCA welfare-to-work participants may participate in college and community college educational  programs provided it  does  not  constitute full-time  attendance as  defined in Section 69-206.5 or is exempt under Section 69-206.52 or .53.


.2        Work experience as described in Section 42-716.31(d).


.21        Repealed by Manual Letter No. EAS-98-03, effective 7/1/98.







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NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

42-802 (Cont.)        WELFARE-TO-WORK REQUIREMENTS FOR RCA PARTICIPANTS        Regulations


42-802        JOB, TRAINING, AND EDUCATION FOR RCA        42-802

WELFARE-TO-WORK PARTICIPANTS

(Continued)


NOTE: Authority cited:  Sections 10553 and 10554, Welfare and Institutions Code.  Reference: Sections

11320, and 11321.6(b) and (d), Welfare and Institutions Code; and 45 CFR 400.203.




42-803        BASIC PARTICIPANT WELFARE-TO-WORK PLAN REQUIREMENTS        42-803

FOR RCA WELFARE-TO-WORK PARTICIPANTS


.1        Self-initiated plans are allowable; however, an educational plan which includes full-time attendance in an institution of higher education, as defined in Section 69-206.5, shall not be allowed except as defined in Sections 69-206.52 or .53.


NOTE: Authority cited:  Sections 10553 and 10554, Welfare and Institutions Code.  Reference: Sections

11320 and 11321.6, Welfare and Institutions Code.




42-804        DEVELOPMENT OF A WELFARE-TO-WORK PLAN FOR        42-804

RCA PARTICIPANTS


.1        All RCA welfare-to-work participants shall cooperate with the CWD, or agency contracting with the CWD, to develop a mutually agreed upon welfare-to-work plan according to the requirements of Section 69-208.1.


NOTE: Authority cited:  Sections 10553 and 10554, Welfare and Institutions Code.  Reference: Sections

11320 and 11321.6, Welfare and Institutions Code; and 45 CFR 400.79.




42-805        JOB SEARCH FOR RCA WELFARE-TO-WORK PARTICIPANTS        42-805


.1        Job search shall be conducted according to the requirements of Section 69-208.2.


NOTE: Authority cited:  Sections 10553 and 10554, Welfare and Institutions Code.  Reference: Sections

11320 and 11321.6, Welfare and Institutions Code; and 45 CFR 400.80.



















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Regulations        WELFARE-TO-WORK REQUIREMENTS FOR RCA PARTICIPANTS        42-809


42-806        SERVICES FOR RCA WELFARE-TO-WORK PARTICIPANTS        42-806


.1        The CWD shall maintain separate accounting records of expenditures for RCA welfare-to-work participants.


.2        The CWD shall fund RCA welfare-to-work services with the CWD's federal social services and targeted assistance allocation.


NOTE: Authority cited:  Sections 10553 and 10554, Welfare and Institutions Code.  Reference: Sections

11320, and 11321.6(c) and (d), Welfare and Institutions Code.




42-807        CAUSE DETERMINATIONS AND COMPLIANCE FOR RCA        42-807

WELFARE-TO-WORK PARTICIPANTS


.1        Cause determination and compliance requirements in Sections 42-721.1 and .2 shall apply.  Section

42-721.4 shall not apply to RCA welfare-to-work participants.


NOTE: Authority cited:  Sections 10553 and 10554, Welfare and Institutions Code.  Reference: Sections

10553, 10554, 11320, and 11321.6, Welfare and Institutions Code.




42-808        GOOD CAUSE CRITERIA FOR RCA WELFARE-TO-WORK        42-808

PARTICIPANTS


.1        All good cause criteria specified in Section 69-209.4 shall apply. Good cause criteria specified in

Section 42-721.3 shall also apply.


NOTE: Authority cited:  Sections 10553 and 10554, Welfare and Institutions Code.  Reference: Sections

10553, 10554, 11320, and 11321.6, Welfare and Institutions Code.




42-809        COMPLIANCE FOR RCA WELFARE-TO-WORK PARTICIPANTS        42-809


.1        For compliance procedures, refer to Section 42-721.


NOTE: Authority cited:  Sections 10553 and 10554, Welfare and Institutions Code.  Reference: Sections

11320, 11320.31, and 11321.6, Welfare and Institutions Code.
















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NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

42-810        WELFARE-TO-WORK REQUIREMENTS FOR RCA PARTICIPANTS        Regulations


42-810        FINANCIAL SANCTIONS FOR RCA WELFARE-TO-WORK        42-810

PARTICIPANTS


.1        If the nonexempt RCA welfare-to-work participant has refused or failed, without good cause, to meet or comply with the requirements of Sections 69-208.1 through 69-208.3 and Sections 42-

721.1 through .223, and the compliance efforts in Sections 42-721.23 through .29 have failed, the

CWD shall discontinue benefits in accordance with Section 69-210.2.


NOTE: Authority cited:  Sections 10553 and 10554, Welfare and Institutions Code.  Reference: Sections

10553, 10554, 11320, 11327.4, 11327.5,and 11321.6, Welfare and Institutions Code.



42-811        STATE HEARINGS FOR RCA WELFARE-TO-WORK PARTICIPANTS        42-811


.1        State hearing and formal grievance procedures in Section 42-721.5 shall not apply to RCA welfare- to-work participants. For state hearing procedures, refer to Section 69-221.


NOTE: Authority cited:  Sections 10553 and 10554, Welfare and Institutions Code.  Reference: Sections

11320 and 11321.6, Welfare and Institutions Code.








































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NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY DEMONSTRATION PROJECTS


TABLE OF CONTENTS


CHAPTER 42-900 DEMONSTRATION PROJECTS


Section


Demonstration Projects ........................................................................................................................ 42-900


Participation in State Seasonal Employment

Under Assembly Bill 1531 (AB 1531) .............................................................................................. 42-910


Definition of "AB 1531 Participant" .........................................................................................

.1

Waiver of Penalties ....................................................................................................................

.2

Verification ...............................................................................................................................

.3














































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NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

Regulations        DEMONSTRATION PROJECTS        42-910 (Cont.)


CHAPTER 42-900 DEMONSTRATION PROJECTS


42-910        PARTICIPATION IN STATE SEASONAL EMPLOYMENT UNDER        42-910

ASSEMBLY BILL 1531 (AB 1531)


HANDBOOK BEGINS HERE


.1        Definition of "AB 1531 Participant"


An "AB 1531 participant" is an AFDC recipient who voluntarily participates in State Civil Service seasonal class employment pursuant to the provisions of AB 1531 (Chapter 1291, Statutes of 1983).


.2        Waiver of Penalties


.21        AFDC applicants of recipients shall not be penalized, either through the loss of benefits or eligibility, for not applying for, accepting, or continuing in State Civil Service seasonal class employment.


.22        In accordance with an Executive Order, signed by the Director of the Department of Social Services on March 28, 1984, the following regulation sections shall not apply with respect to job opportunities made available under this project:


.221        For job refusals, Sections 41-440.26, 41-605, 42-691, and 44-113.217 are to be waived.        AFDC-U principal earner parents and AFDC-FG recipients who refuse seasonal jobs offered under this project will continue to be eligible for assistance. Earned income disregards will continue to be applied.


.222        For job quits or terminations, Sections 41-440.22, 42-605, 42-691, and 44-113.217 are to be waived.


(a)        Federal AFDC-U principal earner parents or AFDC-FG recipients are to be continually or immediately eligible for federal assistance after quitting or terminating a state seasonal job.


(b)        State-only  AFDC-U principal  earner  parents  will also  be  continually or immediately eligible for State-only AFDC-U benefits, providing that they have a remaining period of eligibility.


(c)        Earned income disregards will continue to be applied.


       HANDBOOK CONTINUES        












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42-910 (Cont.)        DEMONSTRATION PROJECTS        Regulations


42-910        PARTICIPATION IN STATE SEASONAL EMPLOYMENT UNDER        42-910

ASSEMBLY BILL 1531 (AB 1531) (Continued)


HANDBOOK CONTINUES


.3        Verification


Section 42-710.2 shall only apply when it has been verified that an applicant's or recipient's job refusal or quit was related to State Civil Service seasonal class employment. Counties shall follow the normal procedures that are used to verify other reports of job refusal or job quit to confirm this information.


       HANDBOOK ENDS HERE        
















































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NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY WELFARE-TO-WORK SRS COMPONENT


TABLE OF CONTENTS


CHAPTER 42-1000        WELFARE-TO-WORK SUPPLEMENTAL REFUGEE SERVICES (SRS) COMPONENT


Section


Background ..................................................................................................................................... 42-1001


Introduction - Welfare-to-Work Requirements for SRS Participants ............................................. 42-1002


SRS County Plan Coordination and Consultation .......................................................................... 42-1003


Initial Determination for Service Needs as Related to Employment .............................................. 42-1004


Basic Literacy Level Assessment for SRS Component Participants .............................................. 42-1005


Development of an Employability Plan for SRS Component Participants .....................................   42-1006


SRS Participant Plans ..................................................................................................................... 42-1007


Purchase of Service Contracts ........................................................................................................ 42-1008


Mandatory Components for SRS Participants ................................................................................ 42-1009


Optional Components for SRS Participants .................................................................................... 42-1010


Criteria for Component Assignment of Teenage Parents ............................................................... 42-1011


Case Management for SRS Component Participants......................................................................  42-1012


























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NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

Regulations        WELFARE-TO-WORK SRS COMPONENT        42-1003 (Cont.)


CHAPTER 42-1000 WELFARE-TO-WORK SUPPLEMENTAL REFUGEE SERVICES (SRS) COMPONENT


42-1001        BACKGROUND        42-1001


AB 3254, Chapter 379, Statutes of 1990, established the GAIN SRS Component. Counties may elect to maintain the SRS Component within the CalWORKs Welfare-to-Work Program for Welfare-to-Work- eligible  CalWORKs  refugees who  would otherwise be  temporarily  excepted from Welfare-to-Work services. These services shall complement regular Welfare-to-Work services to prepare the refugee for self-sufficiency.


NOTE: Authority cited: Sections 10553 and10554, Welfare and Institutions Code. Reference:  Sections

10063, 11320, and 13280, Welfare and Institutions Code.



42-1002        INTRODUCTION - WELFARE-TO-WORK REQUIREMENTS FOR        42-1002

SRS PARTICIPANTS


All Chapter 42-700 regulations shall apply to Welfare-to-Work SRS participants, unless superseded by regulations contained in Sections 42-1000 through 42-1012.


NOTE: Authority cited:  Sections 10553 and 10554, Welfare and Institutions Code.  Reference: Sections

10553, 10554, 11320, and 13280, Welfare and Institutions Code.




42-1003        SRS COUNTY PLAN COORDINATION AND CONSULTATION        42-1003


.1        That portion of the county's CalWORKs Plan which addresses the implementation of the SRS Component shall be developed with significant participation by and input from public and private agencies/organizations involved  in  refugee  resettlement.        The  county's  planning process  shall include representatives from refugee community-based organizations, voluntary agencies, local public/private providers of services to refugees, and refugee community leaders.


HANDBOOK BEGINS HERE


.2        Counties may use the CalWORKs planning process if that process meets the requirements specified above.


       HANDBOOK ENDS HERE        















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42-1003 (Cont.)        WELFARE-TO-WORK SRS COMPONENT        Regulations


42-1003        SRS COUNTY PLAN COORDINATION AND CONSULTATION        42-1003

(Continued)


.3        If the county's CalWORKs planning process does not meet the requirements contained in Section

42-1003.1, the county shall conduct a supplementary planning process.


.4        That portion of the county's CalWORKs plan which describes the SRS Component shall describe the planning process. This description shall identify the planning participants and discuss how the proposed services reflect the information received during the planning process.


.5        The description of the SRS Component shall also include the following information:


.51        Labor market analysis and identification of the population to be served;


.52        Description of the service population's needs;


.53        Description of the services to be provided including the types of services and the service delivery methodologies;


.54        Amount of funding and the anticipated outcomes specific to each service to be provided including intake, determination of client service needs, referral to services, and supportive services;


.55        Descriptive narrative and a flow chart of the client flow process which shall be used to determine the refugee's service needs and refer refugees to services within the SRS Component; and


.56        Description of the procurement process which shall        be used to procure services to be provided under the SRS Component.


.6        Counties  shall not be required  to use the CalWORKs Welfare-to-Work client flow process.

Counties electing not to use the CalWORKs Welfare-to-Work client flow process shall develop and implement  county-specific  client  flow  processes which shall  be  subject to  CDSS review and approval.


.7        Counties shall annually update that section of the county CalWORKs Plan which contains the discussion and description of the SRS Component. The SRS update may be coordinated with the annual update of the county CalWORKs Plan.


NOTE:        Authority  Cited:        Sections  10553  and  10554, Welfare and  Institutions  Code.        Reference: Sections 11320, 13277, 13278, and 13280, Welfare and Institutions Code and Federal Register, Volume

51, No. 166, pages 30546 through 30553 dated Wednesday, August 27, 1986.











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NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

Regulations        WELFARE-TO-WORK SRS COMPONENT        42-1005 (Cont.)


42-1004        INITIAL DETERMINATION FOR SERVICE NEEDS AS RELATED        42-1004

TO EMPLOYMENT


.1        An initial determination of employability shall be made within a reasonable time period prior to the refugee's participation in the SRS Component. The determination shall be based on:


.11        The individual's educational, child care, and other supportive services needs;


.12        The individual's proficiencies, skill levels, and prior work experience;


.13        A review of the family circumstances, which may include the needs of any child of the individual; and


.14        Other factors that are determined relevant in developing the employability plan as described in Section 42-1006.


HANDBOOK BEGINS HERE


.2        The initial determination of employability may be conducted through various methods such as interviews, testing, counseling, and self-assessment instruments.


       HANDBOOK ENDS HERE        


NOTE: Authority Cited: Sections 10553 and 10554, Welfare and Institutions Code.  Reference:  Section

13280, Welfare and Institutions Code and 45 CFR 250.41.




42-1005        BASIC LITERACY LEVEL ASSESSMENT FOR SRS        42-1005

COMPONENT PARTICIPANTS


.1        The county shall make an initial county-standardized determination of the refugee client's employability and services needs relative to:


.11        The refugee's English language training and educational needs, employment skills and prior work history; and


.12        The refugee's supportive needs, including child care, and the needs of the individual's eligible children.
















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42-1005 (Cont.)        WELFARE-TO-WORK SRS COMPONENT        Regulations


42-1005        BASIC LITERACY LEVEL ASSESSMENT FOR SRS        42-1005

COMPONENT PARTICIPANTS (Continued)


HANDBOOK BEGINS HERE


.2        Counties  may  use  existing  service  needs  determination  instruments/systems or develop  SRS- specific systems to determine the refugee's service needs.


       HANDBOOK ENDS HERE        


.3        Whichever system(s) the county elects to use shall be used consistently for all refugees participating in SRS Component services.


.4        The service needs determination process shall be described in detail in the section of the county

CalWORKs Plan which includes the SRS Component.


NOTE:        Authority  Cited:        Sections  10553  and  10554, Welfare and  Institutions  Code.        Reference: Sections 11320 and 13280, Welfare and Institutions Code.



42-1006        DEVELOPMENT OF AN EMPLOYABILITY PLAN FOR SRS        42-1006

COMPONENT PARTICIPANTS


.1        On the basis of the initial determination of the client's employability and service needs (see Section

42-1005.1), the determination agency shall develop an employability plan in consultation with the participant, including a participant in a self-initiated activity. The employability plan shall:


.11        Contain an employment goal for the participant;


.12        Describe the services to be provided by the determination agency, including child care and other supportive services;


.13        Describe the activities that will be undertaken by the participant to achieve the employment goal; and


.14        Describe any other needs of the family, such as participation by a child in drug education or in life skill planning sessions. The employability plan must take into account:


.141        Available program resources;


.142        The participant's supportive services needs;


.143        The participant's skills level and aptitudes;


.144        Local employment opportunities; and







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Regulations        WELFARE-TO-WORK SRS COMPONENT        42-1007


42-1006        DEVELOPMENT OF AN EMPLOYABILITY PLAN FOR SRS        42-1006

COMPONENT PARTICIPANTS (Continued)


.145        To the maximum extent possible the preferences of the participant.


.2        The employability plan shall not be considered a contract.


.3        Final approval of the employability plan rests with the determination agency.


NOTE: Authority Cited: Sections 10553 and 10554, Welfare and Institutions Code.  Reference:  Section

13280, Welfare and Institutions Code and 45 CFR 250.41.




42-1007        SRS PARTICIPANT PLANS        42-1007


.1        Counties shall use plans for clients participating in the SRS Component.


.2        Counties shall be permitted to use the participant's welfare-to-work plan or, subject to CDSS review and approval, develop their own county-specific plans.


.3        All client plans shall be signed by the participant and the provider agency and shall, at a minimum, contain the following information:


.31        The purpose of the plan;


.32        The provider's participation standards;


.33        The participant's obligations, rights and responsibilities;


.34        The length of participation in the service/activity, including the number of hours of participation per week;


.35        The educational, training and/or employment services activities in which the refugee will participate; and


.36        A detailed description of the types of supportive services generally available to SRS welfare- to-work participants  and a statement that supportive services shall be provided  to the participant (see Section 42-750).


NOTE:        Authority  Cited:        Sections  10553  and  10554, Welfare and  Institutions  Code.        Reference: Sections 11320, 11322.6, and 13280, Welfare and Institutions Code.












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NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

42-1008        WELFARE-TO-WORK SRS COMPONENT        Regulations


42-1008        PURCHASE OF SERVICE CONTRACTS        42-1008


.1        Except where prohibited by CDSS regulations governing third-party contracts (MPP Chapter 23-

600 Purchase of Service and Section 42-718.1), counties electing to implement the SRS Component to provide services for refugee applicants for, and recipients of, CalWORKs shall be permitted to use performance-based contracts to purchase such services.


NOTE:        Authority  Cited:        Sections  10553  and  10554, Welfare and  Institutions  Code.        Reference: Sections 10063, 10553, 10554, and 13280, Welfare and Institutions Code.



42-1009        MANDATORY COMPONENTS FOR SRS PARTICIPANTS        42-1009


.1        The SRS Component shall include the following four services and activities.


.11        Any educational activity below the postsecondary level that the agency determines to be appropriate to the participant's employment goal.  Such activities may be combined with training that the agency determines is needed in relation to the participant's employability plan. The educational activities that shall be made available include, but are not limited to:


.111        High school education or education designed to prepare a person to qualify for a high school equivalency certificate;


.112        Basic and remedial education that will provide an individual with a basic literacy level in accordance with Section 42-716.32.


.113        Education in English proficiency for an individual who is not sufficiently competent to  understand,  speak, read,  or  write the  English language to  allow employment commensurate with his/her employment goal;


.12        Job skills training, which includes vocational training for a participant in technical job skills and equivalent knowledge and abilities in a specific occupational area;


.13        Job readiness activities that help prepare participants for work by assuring that participants are familiar with general workplace expectations and exhibit work behavior and attitudes necessary to compete successfully in the labor market; and



















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Regulations        WELFARE-TO-WORK SRS COMPONENT        42-1011


42-1009        MANDATORY COMPONENTS FOR SRS PARTICIPANTS        42-1009

(Continued)


.14        Job development and job placement activity by the agency; e.g., soliciting a public or private employer's unsubsidized job opening or discovering such job openings, the marketing of participants, and securing job interviews for participants.


NOTE: Authority Cited:  Sections 10553 and 10554, Welfare and Institutions Code.  Reference: Sections

11322.6 and 13280, Welfare and Institutions Code.




42-1010        OPTIONAL COMPONENTS FOR SRS PARTICIPANTS        42-1010


.1        In addition to the mandatory components specified in Section 42-1009, the SRS Component shall include unsubsidized employment, job search, OJT and at least two of the other activities listed in Section 42-716.31:


.11        Repealed by Manual Letter No. 98-03, effective 7/1/98.


.12        Repealed by Manual Letter No. 98-03, effective 7/1/98.


.13        Repealed by Manual Letter No. 98-03, effective 7/1/98.


.14        Repealed by Manual Letter No. 98-03, effective 7/1/98.


NOTE:  Authority Cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Section

11322.7, Welfare and Institutions Code.




42-1011        CRITERIA FOR COMPONENT ASSIGNMENT OF TEENAGE PARENTS        42-1011


.1        Counties shall provide educational services for teenage        parents as described in 45 CFR Part

250.32(a) in the SRS Component.


HANDBOOK BEGINS HERE


.2        Counties may use resources (non-CalWORKs) other than refugee funds to cover the costs of these services.


       HANDBOOK ENDS HERE        


NOTE:        Authority  Cited:        Sections  10553  and  10554, Welfare and  Institutions  Code.        Reference: Sections 11320 and 13280, Welfare and Institutions Code.










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MANUAL LETTER NO. EAS-06-01        Effective   4/3/06

Page 345


NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

42-1012        WELFARE-TO-WORK SRS COMPONENT        Regulations


42-1012        CASE MANAGEMENT FOR SRS COMPONENT PARTICIPANTS        42-1012


.1        Counties shall be permitted to designate an agency other than the CWD as the agency responsible for performing specific allowable case management tasks and/or activities.


.2        Eligibility determinations for CalWORKs and all sanctioning activities shall be handled by the

CWD staff.


.3        Counties shall complete a 90-day follow-up for each participant who becomes employed, including those participants who become ineligible for CalWORKs as a result of such employment.


NOTE:        Authority  Cited:        Sections  10553  and  10554, Welfare and  Institutions  Code.        Reference: Sections 10063 and 13280, Welfare and Institutions Code; Notices of Availability of Federal Fiscal Year

1990 Targeted Assistance Funds (Federal Register/Vol. 55, No. 72, pages 13974 through 13979 Friday, April 13, 1990; and Federal Register/Vol. 55, No. 151/ pages 32022 through 32024 Monday, August 6,

1990).












































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Page 346


NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY CHILD CARE USAGE AND DOCUMENTATION


TABLE OF CONTENTS


CHAPTER 42-1100 CHILD CARE USAGE AND DOCUMENTATION


Section


General Statement ........................................................................................................................... 42-1101


Qualification for Tracking Under Title IV-A ................................................................................. 42-1102




















































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NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

Regulations        CHILD CARE USAGE AND DOCUMENTATION        42-1102 (Cont.)


CHAPTER 42-1100        CHILD CARE USAGE AND DOCUMENTATION


42-1101        GENERAL STATEMENT        42-1101


HANDBOOK BEGINS HERE


.1        AB 2184 (Chapter 1205, Statutes of 1991) requires the Department and the California Department of Education (CDE) to establish a system for documenting child care usage by Aid to Families with Dependent Children (AFDC) recipients in CDE's subsidized child care system.  The purpose of documenting the child care usage of this population is to maximize the Federal Financial Participation (FFP) to which the sate is entitled under Title IV-A of the Social Security Act.


       HANDBOOK ENDS HERE        



42-1102        QUALIFICATION FOR TRACKING UNDER TITLE IV-A        42-1102


.1        The county and CDE contractor shall verify whether AFDC recipients and their children who receive child care services from CDE subsidized child care programs meet Title IV-A eligibility criteria, in order to determine whether their child care qualifies for tracking under Title IV-A.


.11        The child care of an AFDC recipient and each of his/her children who receive child care services from a CDE subsidized child care program qualifies for tracking under Title IV-A if the recipient and child meet the following standards:


.111        The AFDC recipient is:


(a)        A working recipient who is not receiving the dependent care disregard, as specified in Section 44-113.217, for his/her child receiving services through the CDE subsidized child care system; or,


(b)        A participant in an education and training program approved according to the criteria specified in the Miller vs. Healy Interim Court Order; or


(c)        A participant in the GAIN program, as specified in Chapter 42-700.



















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NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

42-1102 (Cont.)        CHILD CARE USAGE AND DOCUMENTATION        Regulations


42-1102        QUALIFICATION FOR TRACKING UNDER TITLE IV-A        42-1102

(Continued)


HANDBOOK BEGINS HERE


(d)        The Miller vs. Healy Interim Court Order established criteria for approving non-GAIN education and training programs.   The Court ordered that child care assistance is to be provided to recipients "who meet existing GAIN criteria for the approval of education and training activities. Such child care shall be provided pursuant to existing GAIN criteria for approval of self- initiated programs and existing GAIN definitions for satisfactory progress and attendance requirements."


       HANDBOOK ENDS HERE        


.112        The recipient's child(ren) shall meet the condition(s) of one category in each of

Sections 42-1102.112(a) and (b) below: (a)        The child:

(1)        Is in the recipient's AFDC assistance unit; or


(2)        Receives benefits under federal foster care; or


(3)        Receives        benefits        under        Supplemental        Security        Income/State

Supplementary Payment (SSI/SSP) program. (b)        The child:

(1)        Is under the age of 13; or


(2)        Meets the age requirements under the AFDC program, as specified in Chapter 42-100 and is physically or mentally incapable of caring for himself-herself based on:


(A)        A written statement of a physician or a licensed or certified psychologist; or


(B)        Receipt of SSI/SSP; or















CALIFORNIA-DSS-MANUAL-EAS

MANUAL LETTER NO. EAS-98-03        Effective   7/1/98

Page 349


NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

Regulations        CHILD CARE USAGE AND DOCUMENTATION        42-1102


42-1102        QUALIFICATION FOR TRACKING UNDER TITLE IV-A        42-1102

(Continued)


(3)        Is under court supervision as specified in Welfare and Institutions Code Section 601 or 602 and meets the age requirement under the AFDC program, as specified in Chapter 42-100.


.2        The county and CDE contractor shall redetermine whether the child care of an AFDC recipient and his/her child qualifies for tracking under Title IV-A when the county and CDE contractor become aware of a possible change in the eligibility status of the recipient or child.


NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Section

11008.19, Welfare and Institutions Code; 45 CFR 255.2(a) and 45 CFR 255.4; and Miller v. Healy, 768

S. Supp. 1331 (N.D. Cal 1991).















































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Page 350




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ELIGIBILITY AND ASSISTANCE STANDARDS RESPONSIBLE RELATIVES


TABLE OF CONTENTS


Chapter


DIVISION 43 RESPONSIBLE RELATIVES


Responsible Relatives ............................................................................................................. 43-100


Child and Spousal Support ...................................................................................................... 43-200




















































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Page 351




This page is intentionally left blank.


RESPONSIBLE RELATIVES RESPONSIBLE RELATIVES


TABLE OF CONTENTS


CHAPTER 43-100 RESPONSIBLE RELATIVES


Section


Responsible Relatives ....................................................................................................................... 43-100


Definitions for Purposes of Support Responsibility..........................................................................  43-103


Repealed by Manual Letter No. EAS-91-14, effective 10/1/91 ............................................        .1

Repealed by Manual Letter No. EAS-91-14, effective 10/1/91 ............................................        .2

Stepparent..............................................................................................................................        .3

Unmarried Parent ..................................................................................................................        .4

Common-Law Marriage ........................................................................................................        .5


Responsibility for Support ................................................................................................................ 43-105


Parents - General ...................................................................................................................        .1

Parents of Minor Parents .......................................................................................................        .2

Absent Parents.......................................................................................................................        .3

Unmarried Parents.................................................................................................................        .4

Stepparent..............................................................................................................................        .5

Adult Children.......................................................................................................................        .6


Repealed by Manual Letter No. EAS-97-09, effective 7/1/97 .......................................................... 43-106


Cooperation Requirements................................................................................................................  43-107


Mother and Unrelated Adult Male Living in the Home ........................................................        .1

Unwed Minor Parent .............................................................................................................        .2
























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Page 352


RESPONSIBLE RELATIVES RESPONSIBLE RELATIVES


TABLE OF CONTENTS


CHAPTER 43-100 RESPONSIBLE RELATIVES


Section


Required Financial Contribution - Unrelated Adult Male ................................................................ 43-109


Requirement ..........................................................................................................................        .1

Definitions.............................................................................................................................        .2

Action - Requirement Not Met..............................................................................................        .3


Notification to Superior Court .......................................................................................................... 43-117


Sponsored Noncitizens......................................................................................................................  43-119


Sponsored Noncitizen - Definition.......................................................................................        .1

Individual Sponsors...............................................................................................................        .2

Agency or Organization Sponsors.........................................................................................        .3








































CALIFORNIA-DSS-MANUAL-EAS

MANUAL LETTER NO. EAS-01-01        Effective 1/8/01

Page 353


RESPONSIBLE RELATIVES

Regulations        RESPONSIBLE RELATIVES        43-103 (Cont.)


DIVISION 43 RESPONSIBLE RELATIVES




CHAPTER 43-100 RESPONSIBLE RELATIVES


43-100        RESPONSIBLE RELATIVES        43-100


The code designates  certain  relatives who, under specified  conditions, are legally  liable  to  provide financial support or to contribute to the support of an applicant or recipient under the AFDC program and this chapter deals with the determination of responsibility of relatives in the AFDC program.


Relative responsibility should not be considered exclusively in terms of financial responsibility. Other positive factors may be found in strengthened family relationships, the contributions which relatives can make to the security of the recipient through family solidarity or through guidance and planning for the child in AFDC.  These positive factors may be available from relatives who are not legally liable to provide financial support as well as those who have liability.


Responsibility rests with the county to determine not only financial responsibility of relatives in the AFDC program, but, in all programs, to develop to the maximum the potential resource of relatives in meeting social and emotional needs of the recipient.




43-103        DEFINITIONS FOR PURPOSES OF SUPPORT RESPONSIBILITY        43-103


.1        Repealed by Manual Letter No. EAS-91-14, effective 10/1/91.


.2        Repealed by Manual Letter No. EAS-91-14, effective 10/1/91.


.3        Stepparent


A stepparent is an individual who is married to the parent of a child of whom he or she is not the natural parent.


For purpose of this section, a stepparent includes the California domestic partner of a parent.


.4        Unmarried Parent


An unmarried parent is a parent of a child included in the FBU who is not married to the child's other natural parent.














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MANUAL LETTER NO. EAS-07-01        Effective 7/26/07

Page 354


RESPONSIBLE RELATIVES

43-103 (Cont.)        RESPONSIBLE RELATIVES        Regulations


43-103        DEFINITIONS FOR PURPOSES OF SUPPORT RESPONSIBILITY        43-103

(Continued)


.5        Common-Law Marriage


California law, in Civil Code Section 4104 recognizes any out-of-state marriage as valid as long as it is valid where contracted or performed. In cases in which there was no formal marriage, it may be that a common-law marriage was established in another state.  If the parents state they are married to each other, it is assumed that they are lawfully married unless this is refuted by other evidence.



HANDBOOK BEGINS HERE


Basic Requirements - Common-Law Marriages


In most of the states which recognize common-law marriages, two basic requirements must be met:


1.        Agreement Must Exist to Become Husband and Wife - This agreement may consist of a written contract but usually is just a simple, oral statement such as "I take you for my wife" or "You are now my wife." The words used must be in the present tense, and must express an intent to assume the relationship of husband and wife at the time involved and not at some future time. The parties have capacity to enter the agreement.  This means that (1) they must be of sound mind; and (2) they must be of the minimum age. At common-law and in most states which recognize common-law marriages, the ages are 14 for the male and 12 for the female.


2.        Must be Cohabitation Following the Verbal or Written Statements -Cohabitation is described as living together as husband and wife, each assuming the marital duties implicit in the relationship, usually including but not necessarily predicated on, sexual relations.


If these two facts are established and the state where they occurred recognizes common-law marriages, a marriage is in existence which is valid for all purposes in California and which can only be dissolved by formal divorce even in the state in which it was created. There is no such thing as an informal divorce in the United States.


CHART - SUMMARY OF STATE LAWS ON COMMON-LAW MARRIAGE


The following chart is intended to give the worker a general idea of the possibility of a valid common-law marriage in the various states. The chart will not provide all the answers. If the details of the law of a particular state are needed, the county counsel or district attorney or the legal staff of the SDBP should be consulted.


       HANDBOOK CONTINUES        










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MANUAL LETTER NO. EAS-98-03        Effective 7/26/07

Page 355


RESPONSIBLE RELATIVES

Regulations        RESPONSIBLE RELATIVES        43-103 (Cont.)


43-103        DEFINITIONS FOR PURPOSES OF SUPPORT RESPONSIBILITY        43-103

(Continued)


HANDBOOK CONTINUES


Mutual        Additional Requirements

State        Agreement        Cohabitation        of Comments


Alabama        x        x        Mutual assumption of marital duties

Alaska        Abolished 1917

Arizona        Abolished 1913

Arkansas        Abolished 1905

California        Abolished 1895


Colorado        x        x

Connecticut                         Abolished Delaware                        Never recognized Dist. of Columbia        x        x

Florida        x        x        Cohabitation of mutual assumption of marital duties meets requirement


Georgia        x        x        Consummation according to law

Hawaii        Abolished

Idaho        x        Mutual assumption of marital duties

Illinois        x        x        Abolished 1905, except

Quakers

Indiana        x        x        Abolished 1/1/58; open acknowledgment of the relation

Iowa        x        x

Kansas        x        Holding each other out to public as husband and wife

Kentucky        x         Abolished Louisiana                Never recognized Maine                 Probably not valid.

No cases. Maryland        Abolished


Massachusetts        Abolished; but

can prove marriage by cohabitation


       HANDBOOK CONTINUES        





CALIFORNIA-DSS-MANUAL-EAS

MANUAL LETTER NO. EAS-98-03        Effective 7/1/98

Page 356


RESPONSIBLE RELATIVES

43-103 (Cont.)        RESPONSIBLE RELATIVES        Regulations


43-103        DEFINITIONS FOR PURPOSES OF SUPPORT RESPONSIBILITY        43-103

(Continued)


HANDBOOK CONTINUES



Mutual


Additional Requirements

State

Agreement

Cohabitation

of Comments


Michigan

x

x

Abolished 1/1/57

Minnesota

x

x

Abolished 4/26/41

Mississippi

x

x

Abolished 4/5/56

Missouri



Abolished 3/31/21

Montana

x

x

Assumption of marital

relationship and repute

in the community

Nebraska        x        x        Abolished 1923.

Holding out to public

Nevada        x        Abolished 3/29/43

New Hampshire        Abolished

New Jersey        x        Abolished 12/1/39

New Mexico        x        x        Abolished since 1929

New York        x        x        Valid prior to 1902 and from 1/1/08

4/29/43. Abolished

4/29/43. Open

assumption of marital duties

North Carolina        Abolished

North Dakota        Abolished 1890

Ohio        x        x        Holding each other out as husband and wife


Oklahoma        x        x

Oregon        Abolished

Pennsylvania        x

Rhode Island        x        x

South Carolina        x


South Dakota        x        x        Abolished 7/1/59, marriage in fact, need exceptional circumstances

Tennessee        Abolished

Texas        x        x        Holding each other out

to public as husband and wife


       HANDBOOK CONTINUES        






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Page 357


RESPONSIBLE RELATIVES

Regulations        RESPONSIBLE RELATIVES        43-105 (Cont.)


43-103        DEFINITIONS FOR PURPOSES OF SUPPORT RESPONSIBILITY        43-103

(Continued)





Utah

HANDBOOK CONTINUES




Abolished

Vermont


Abolished


Virginia Washington West Virginia Wisconsin Wyoming



Abolished Abolished Abolished Abolished 1917

Abolished 1931;

standards unclear


       HANDBOOK ENDS HERE        


.6        California Domestic Partner


An individual who:


.61        has a Declaration of Domestic Partnership registered with the California Secretary of State, or


.62        is a member of a legal union, other than marriage, of two persons of the same sex validly formed  in  another jurisdiction, and substantially equivalent to a California registered domestic partnership.


NOTE: Authority cited: Sections 10553, 10554, and 10604, Welfare and Institutions Code. Reference: Sections 10553, 10554, and 10604, Welfare and Institutions Code; and Sections 297, 297.5, 298.5 and

299.2, Family Code.



43-105        RESPONSIBILITY FOR SUPPORT        43-105


.1        Parents - General


All parents regardless of their age or their marital status are responsible to the extent of their ability for the support and care of their children whether they are natural or adopted, including minor parents, and children in foster care.   This responsibility continues even though the parent is not living with the child, the marriage of the parents has been legally dissolved, the parents were never married or there has been a court order removing the children from the parent's custody. For the purpose of the AFDC program, parental responsibility ceases only where a relinquishment for adoption is in effect or where the child is a minor parent who is married and living with his/her spouse.







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MANUAL LETTER NO. EAS-07-01        Effective 7/26/07

Page 358


RESPONSIBLE RELATIVES

43-105 (Cont.)        RESPONSIBLE RELATIVES        Regulations


43-105        RESPONSIBILITY FOR SUPPORT (Continued)        43-105


.2        Parents of Minor Parents


.21        General


Among the resources of minor parents is the legally required support that their parents are capable of making. These resources must be explored in order to determine eligibility for AFDC.  Parents are not financially liable for their grandchildren.


.22        (Repealed by Manual Letter No. 84-65)


.23        (Repealed by Manual Letter No. 84-65)




.3        Absent Parents


The resources which may be available for support of a child for whom application for aid has been made include contributions from the absent parent(s). Both parents, to the extent of their ability are legally responsible for the support of their child(ren).


.4        Unmarried Parents


The unmarried parent is responsible for the support of his/her child(ren) (including an unborn child).


The unmarried parent is not legally responsible for the support of his/her child's other parent nor of children not his/her own.


.5        Stepparent


A stepparent is responsible for the support of his/her children from another union living outside the home; and his/her children, natural and adopted, living in the home; and his/her spouse.


If the stepparent and his/her spouse and child(ren) living in the home are needy but are ineligible or refuse to apply for public assistance or General Relief, a determination of possible misuse of AFDC funds shall be made as, specified in Operations Manual Section 20-101.


The stepparent's income, after allowable deductions, is deemed available to aided stepchildren living in the home.        See Section 44-133.6 for the computation of income to the FBU from a stepparent.


.51        (Repealed by Manual Letter No. 82-26.)










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MANUAL LETTER NO. EAS-98-03        Effective 7/1/98

Page 359


RESPONSIBLE RELATIVES

Regulations        RESPONSIBLE RELATIVES        43-106


43-105        RESPONSIBILITY FOR SUPPORT (Continued)        43-105


.52        Statement Required


When neither the stepparent nor any of his/her children are in the FBU (see Section 44-133.6) and aid is applied for or granted on behalf of a child living in a home with his natural or adoptive parent and nonadoptive stepparent,  the parent shall complete a statement for purposes of determining the income of his/her spouse.        Such statement shall contain information accurate for the budget period appropriate for grant determination (see Section

44-315.4 and 40-181.22).


.53        (Repealed by Manual Letter No. 82-26.)


.54        Failure to Cooperate


Failure of the parent to cooperate in the presentation of the required statement shall be considered the parent's decision to withhold information essential to the determination of the eligibility of the child, except that if he/she appears unable to comprehend or enter into the procedure for establishing eligibility, action shall be taken by the county in accordance with Sections 40-128.3 and 40-157.213. If the exception does not apply, aid shall be denied, or discontinued.


Failure  of the stepparent to provide information essential to the determination of the eligibility of his/her stepchild(ren) shall result in the discontinuance or denial or aid.


.6        Adult Children


Adult children  are  responsible for  the  support of  their  parents  to  the  extent  of  their  ability. However, adult children are not responsible for the support of their brothers or sisters.


If the adult child and his or her legal dependents living in the home are needy but are ineligible or refuse to apply for public assistance or General Relief, a determination of possible misuse of AFDC funds shall be made as specified in Section 20-101.




43-106        ASSIGNMENT OF SUPPORT RIGHTS        43-106


Repealed by Manual Letter No. EAS-97-09, effective 7/1/97















CALIFORNIA-DSS-MANUAL-EAS

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Page 360


RESPONSIBLE RELATIVES

43-107        RESPONSIBLE RELATIVES        Regulations


43-107        COOPERATION REQUIREMENTS        43-107


.1        Mother and Unrelated Adult Male Living in the Home


This section applies only to the unrelated adult male living with an AFDC family in which the mother is included as the needy caretaker.


.11        The mother of a child for whom she is applying for or receiving AFDC shall present to the Income Maintenance System a statement signed by her and by an unrelated male living with the family, other than a bona fide lodger, roomer or boarder, which shall set forth:


.111        The actual amount of the financial payment(s) made by the unrelated adult male for his share of the family's cost of housing, utilities, food, household operations and special needs which are shared by the family group;


.112        The actual amount of the financial contribution made by the unrelated adult male in cash or in kind for needs of the members of the family budget unit allowed by the AFDC standard of assistance; and


.113        The amount of the unrelated adult male's monthly earnings and other income, if known.


For the purposes of this requirement, both discussion and the written statement shall be  limited to the fiscal and monetary arrangements between the mother and the unrelated adult male.


See Section 43-109 for "Required Financial Contribution" and definitions.


.12        The statement shall be signed by the mother and the unrelated adult male under penalty of perjury.  For this purpose, the statement shall include the following:


"I certify through my signature that each of the statements given is true and correct to the best of my knowledge and belief.   I make this statement under the penalty of perjury and understand that any willful concealment or misstatement of material fact in this statement of which I have been given notice subjects me to the penalties prescribed for perjury in the Penal Code by the State of California.  I agree to tell the county welfare department at once when there are any changes in the facts presented in this statement."
















CALIFORNIA-DSS-MANUAL-EAS

MANUAL LETTER NO. EAS-98-03        Effective 7/1/98

Page 361


RESPONSIBLE RELATIVES

Regulations        RESPONSIBLE RELATIVES        43-107


43-107        COOPERATION REQUIREMENTS (Continued)        43-107


If the mother or the unrelated adult male do not understand English, the above statement shall be provided by the county welfare department written in a language which each understands, before it is signed.


.13        Failure of the mother to cooperate in the presentation of the required statement shall be considered the mother's decision to withhold information essential to the determination of the eligibility of the child, except that if she appears unable to comprehend or enter into the procedure  for  establishing eligibility,  action shall  be  taken by  the  Income  Maintenance System in accordance with Sections 40-128.3 and 40-157.213.  If the exception does not apply, aid shall be denied, or discontinued.


.14        Refusal by the unrelated adult male to sign the statement is a violation of W&IC 11351.5 and information regarding such refusal shall, with the prior knowledge of the mother and the unrelated adult male, be sent to the district attorney.


Refusal by the unrelated adult male to sign the statement shall not relieve the mother from submitting a statement signed by her setting forth the facts specified in Section 43-107.51 above.


.2        Unwed Minor Parent


Aid shall  be  denied or  discontinued to  the  unwed  minor parent if  he/she refuses to  provide necessary information which can be verified regarding his or her parents' ability to support, or in lieu of such information refuses to consent to having his or her parents contacted for the purpose of determining their ability to provide support of their child.   Unwed minor parents who refuse to provide necessary information or to consent to parental contact under this section may be eligible for Medi-Cal benefits despite their refusal. The county welfare department should ensure that the Medi-Cal eligibility of such individuals is considered.


NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections

10553 and 10554, Welfare and Institutions Code.





















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43-109        REQUIRED FINANCIAL CONTRIBUTION - UNRELATED ADULT MALE        43-109


.1        Requirement


An unrelated adult male, other than a bona fide lodger, roomer or boarder, who resides with a family applying for or receiving AFDC is required to make a financial contribution to the family which is not less than it would cost him to provide himself with an independent living arrangement, W&IC 11351.5.


.2        Definitions


.21        An "unrelated adult male" is a male who is 18 years old, or older, and not related by blood or marriage to any member of the AFDC family or to the unaided unborn of a woman aided under Sections 82-836 or 88-410.


.22        An unrelated adult male living in the home shall be considered a bona fide lodger, roomer or boarder upon the written statement of the mother to this effect, supported by evidence such as the following:


.211        Evidence that income from the lodger, roomer or boarder is reported for income tax purposes, or


.212        Possession of a license to operate a rooming house, or


.213        Evidence that quarters are furnished separate and apart from that occupied by the family, or


.214        Receipts which indicate payment of room rent or room and board.


Renewed  evidence shall be required of the mother subsequent  to the initial determination only if there is substantial reason, which shall be specified in the case record, to believe that the unrelated male is not a bona fide lodger, roomer or boarder.


.23        The cost of an "independent living arrangement" shall be the sum of the AFDC in-kind income values to a one-person family budget unit for housing (Section 44-115.811), utilities (Section  44-115.812),  and  food  (Section  44-115.813).        See  Section  44-113.5  for determination of net income to the family budget unit from the contribution.


.3        Action -- Requirement Not Met


When the known or probable income of the unrelated adult male is insufficient for him to support himself in an independent living arrangement and to meet his expenses of employment, or his financial contribution to the family is less than the cost of providing himself with an independent living arrangement, a determination shall be made as specified in Section 20-101 with respect to possible misuse of AFDC funds.







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(Continued)


See Section 43-107.54 for action to be taken if the unrelated adult male refuses to sign a statement regarding his contribution to the family.


NOTE: Authority cited: Sections 10553, 10554, and 10604, Welfare and Institutions Code. Reference: Sections 10553, 10554, and 10604, Welfare and Institutions Code.




43-117        NOTIFICATION TO SUPERIOR COURT        43-117


In all cases when aid has been supplied for or granted to a child of parents who are involved in a divorce, the county welfare department shall notify the superior court in accordance with W&I Code Section

11485. The notice shall contain any information known by the welfare department concerning financial resources of the parents which might be applied to child support. Form CA 321 may be used for this purpose. If the court becomes aware that children may be receiving aid or that an application may be made when a divorce or separate maintenance action has been filed, the court is required by W&IC

Section 11485 to notify both the district attorney and the county welfare department of pending action.

Form CA 322 is available for this purpose. In such cases, the county should reply on Form CA 321.




43-119        SPONSORED NONCITIZENS        43-119


.1        Sponsored Noncitizen - Definition


.11        Repealed by Manual Letter No. EAS-91-14, effective 10/1/91.


.12        The provisions of Sections 43-119.2 and .3 do not apply if the noncitizen is:


.121        Admitted to the United States as a result of the application of the provisions of Section  203(a)(7) (in effect prior to April 1, 1980) of the Immigration and Naturalization Act;


.122        Admitted to the United States as a result of the application of the provisions of Section 207(c) (in effect after March 31, 1980) of the Immigration and Naturalization Act;


.123        Paroled into the United States as a refugee under Section 212(d)(5) of the

Immigration and Naturalization Act;


.124        Granted political asylum by the Attorney General under Section 208 of the

Immigration and Naturalization Act;










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.125        A Cuban or Haitian entrant, as defined in Section 501(e) of the Refugee Education

Assistance Act of 1980 (Public Law 96-422).


.126        A sponsored noncitizen that entered the country with an I-134 Affidavit of Support.


.2        Individual Sponsors


.21        The provisions of Section 43-119.2 apply only to noncitizens:


.211        Whose sponsor signed an I-864 Affidavit of Support;


.212        Who are sponsored by individuals;


.213        Who are not exempt under Section 43-119.12; and


.214        Until such time as the noncitizen:


(a)        Achieves United States citizenship through naturalization pursuant to the

Immigration and Nationality Act (8 U.S.C. 1421 et seq.); or


(b)        Has worked 40 qualifying quarters of coverage under Title II of the Social Security Act (42 U.S.C. 401 et seq.) or can be credited with such qualifying quarters as provided under 8 U.S.C. 1645, and


(1)        In the case of any such qualifying quarter creditable for any period beginning  after  December  31,  1996,  did  not  receive any  federal means-tested public benefit, as provided under 8 U.S.C. 1631, during any such period.


(c)        Leaves the country permanently; or


(d)        The sponsor or noncitizen dies.


.22        All the income and resources of the sponsor who is not receiving CalWORKs, SSI or other public cash assistance payments (such as General Assistance) and the income and resources of the sponsor's spouse  who  lives  with  him/her  and  who  is not  receiving  such  public assistance  payments  shall  be  deemed  to  be  the  income  and  resources of  the  sponsored noncitizen.   See Section 44-133.7 for the determination of the amount of this income, and Section  42-205.5 for the  determination of the amount of resources.        The following are exceptions to the deeming provisions:


.221        If a determination is made by the county that a sponsored noncitizen would go hungry  and homeless without aid, the sponsored noncitizen is determined to be indigent. The exceptions to the deeming provisions that are permitted for indigence are as follows:





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(a)        In these cases, the amount of income and resources of the sponsor or the sponsors  spouse that  is  attributed to  the  sponsored noncitizen shall not exceed the amount actually provided.


(b)        This exception applies for a period beginning on the date of such determination and ending 12 months from that date. This exception is not renewable or transferable and it is granted only once in a lifetime.


HANDBOOK BEGINS HERE


(c)        When a sponsored noncitizen is unable to provide the necessary information regarding their sponsor and the county can not establish contact with the sponsor and it is determined the sponsored noncitizen would go hungry and homeless without aid, the sponsored noncitizen is ruled indigent.


       HANDBOOK ENDS HERE        



.222        For a 12-month period, the noncitizen shall be exempt from this deeming provision if:

(a)        In the case of an abused noncitizen or an abused parent of a noncitizen child: The noncitizen  or parent  demonstrates that he/she  has  been  battered  or

subjected to extreme cruelty in the United States by a spouse or a parent; or by a member of the spouse or parents family who are residing in the same home as the noncitizen, and the spouse or parent consented to or acquiesced to such battery or cruelty.


(b)        In the case of a noncitizen whose child is abused:


The noncitizen child has been battered or subjected to extreme cruelty in the United States by the spouse or parent or family members of the noncitizen (without the active participation of the noncitizen in the battery or cruelty).


(c)        After a 12-month period, the exception to the provision under Section 43-

119.222 continues regarding the batterers income and resources only, if the noncitizen demonstrates that such battery or cruelty has been recognized in an order of a judge or administrative law judge or a prior determination of the Immigration and Naturalization Service.


.223        For the application of Section 43-119.222, there must exist, in the opinion of the county providing aid, a substantial connection between the battery or extreme cruelty and the need for the aid.






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.224        Section 43-119.222 shall not apply to aid for a noncitizen during any period in which the individual responsible for such battery or cruelty resides in the same household or family eligibility unit as the individual who was subjected to such battery or cruelty.


.23        As a condition of eligibility, the sponsored noncitizen has the following responsibilities:


.231        To provide upon county request, information and documentation concerning his/her sponsor which may be necessary to make the determination under Section 44-133.7 and Section 42-205.5; and information and documentation which the noncitizen and his/her sponsor provided in support of the noncitizen's immigration application.


(a)        When a sponsored noncitizen is unwilling to provide the necessary information regarding their sponsor or when the information that is provided is not acceptable, the sponsored noncitizen is ineligible.


.232        To obtain the cooperation from his/her sponsor which is necessary to make the determination under Section 44-133.10 and Section 42-205.5.


.233        To comply with reporting requirements specified in Section 40-181.25.


.24        In the event of the death of a noncitizen's sponsor(s), verification of death(s) shall be required only  when  the information reported is questionable.        In the absence of evidence to the contrary, the sponsored noncitizen's statement under penalty of perjury is to be accepted and the sponsored noncitizen provisions shall no longer apply.


HANDBOOK BEGINS HERE


.3        Guidance Issued  by  the U.  S.  Attorney General for  Determination of  Substantial Connection Between Battery/Cruelty and Need for Aid (62 FR 65285) paraphrased to relate to the CalWORKs program.


Below is a list of examples to assist counties in making substantial connection determinations between battery or extreme cruelty and the need for the aid.


.31        When aid is needed to enable the applicant, the applicants child, and/or (in the case of a noncitizen child) the applicants parent to become self-sufficient following separation from the abuser.


       HANDBOOK CONTINUES        












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HANDBOOK CONTINUES


.32        When aid is needed to enable the applicant, the applicants child, and/or (in the case of a noncitizen child) the applicants parent to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the applicant, the applicants child, or the applicant parent from the abuser.


.33        When aid is needed due to a loss of financial support resulting from the applicants, his or her childs, and/or his or her parents separation from the abuser.


.34        When aid is needed because as the result of battery or extreme cruelty, the applicant loses his/her job, earns less, or is required to leave his or her job for safety reasons. Results of battery/extreme cruelty include: separation from the abuser, work absences, lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating to it (child support, child custody, and divorce actions).


.35        When aid is needed because the applicant, applicants child or parent of noncitizen child requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty.


.36        When aid is needed because the loss of a dwelling or source of income or fear of the abuser following separation jeopardizes the applicant or parent of the noncitizen child to care for his or her children. (This includes the inability to house, feed, or clothe the children or to put the children into a day care for fear of being found by the abuser.)


.37        When aid is needed to alleviate nutritional risks or need resulting from the abuse or following separation from the abuser.


.38        When aid is needed to provide medical care during a pregnancy resulting from the abusers sexual assault or abuse of, or relationship with the applicant, the applicants child, and/or the parent of the noncitizen child; and/or to care for the resulting children.


.39        When medical coverage and/or health care services are needed to replace medical coverage or health care services the applicant had when living with the abuser.


       HANDBOOK ENDS HERE        


NOTE: Authority cited: Sections 10553, 10554, and 10604, Welfare and Institutions Code. Reference: Sections 10553, 10554, 10604, 11008.13, and 11008.135, Welfare and Institutions Code; 8 U.S.C. 1183a;

8 U.S.C. 1421 et seq.; 8 U.S.C. 1631; 8 U.S.C. 1641(c); 8 U.S.C. 1645; 42 U.S.C. 401 et seq.; 8 CFR

213a.2(e)(1); and 62 FR 61344, 61370.










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