Cal. WIC § 11495.1 — California Code / Code wic / Division 9 / Part 3 / Chapter 2 / Article 7.5 / Section 11495.1
Section 11495.1
Status: in_force

(a) The department shall align CalWORKs with, and not be more restrictive than, the federal family violence option pursuant to Section 402(a)(7) of the federal Social Security Act (42 U.S.C. Sec. 602(a)(7)), and the requirements concerning survivors of abuse pursuant to Section 402(a)(8) of the federal Social Security Act (42 U.S.C. Sec. 602(a)(8)), and shall, to the fullest extent permitted, maximize protections afforded to survivors of abuse.

(b) On or before January 1, 2027, the department shall develop protocols on handling cases in which applicants and recipients are past or present victims of abuse. The protocols shall define domestic abuse, and shall address training standards and curricula, individual case assessments, confidentiality procedures, notice procedures and counseling or other appropriate participation requirements as part of an overall plan to transition from welfare-to-work. The protocol shall specify how counties shall do the following:

(1) Identify applicants and recipients of assistance under this chapter who have been or are victims of abuse, including those who self-identify, while protecting confidentiality.

(2) Refer these individuals to supportive services.

(3) Waive program requirements, on a case-by-case basis, for so long as necessary, in accordance with Section 11495.15, as added by the act that added subdivision (e). Requirements that shall be waived, if eligible, include, but are not limited to, time limits on receipt of assistance, work requirements, educational requirements, paternity establishment and child support cooperation requirements.

(4) Issue an adequate written notice of action to each applicant or recipient of the determination about whether a waiver will be issued, and if a waiver is denied, the specific reasons for the denial.

(5) Issue timely and adequate notice of action when discontinuing a waiver that includes the specific reasons for termination.

(c) Waivers of time limits granted pursuant to this section shall not be implemented if federal statutes or regulations clarify that abuse victims are included in the 20-percent hardship exemptions and that no good cause waivers of the 20-percent limit will be granted to the state for victims of abuse, thereby incurring a penalty to the state.

(d) Waivers of the work requirements granted pursuant to this section shall not be implemented if federal statutes or regulations clarify that the state will be penalized for failing to meet work participation requirements due to granting waivers to abuse victims.

(e) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific the changes made to this section by the act that added this subdivision by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations.