Cal. WIC § 11322.87 — California Code / Code wic / Division 9 / Part 3 / Chapter 2 / Article 3.2 / Section 11322.87
Section 11322.87
Status: in_force

(a) A recipient subject to the 24-month time limitation described in Section 11322.85 may request an extension in accordance with Section 11322.86 and may present evidence to the county that they meet any of the following circumstances:

(1) The recipient is likely to obtain employment within six months.

(2) The recipient has encountered unique labor market barriers temporarily preventing employment, and therefore needs additional time to obtain employment.

(3) The recipient has achieved satisfactory progress in an educational or treatment program, including adult basic education, vocational education, or a self-initiated program that has a known graduation, transfer, or completion date that would meaningfully increase the likelihood of the recipient’s employment. For purposes of this paragraph, a high school education or its equivalent is presumed to meaningfully increase the likelihood of employment.

(4) The recipient needs an additional period of time to complete a welfare-to-work activity specified in the recipient’s welfare-to-work case plan due to a diagnosed learning or other disability, so as to meaningfully increase the likelihood of the recipient’s employment.

(5) The recipient has submitted an application to receive SSI disability benefits, and a hearing date has been established.

(6) The recipient obtained the recipient’s high school diploma or its equivalent while participating in activities described in paragraph (1) of subdivision (a) of Section 11322.85, and an additional period of time to complete an educational program or other activity described in paragraph (1) of subdivision (a) of Section 11322.85 in which the recipient is currently participating would meaningfully increase the likelihood of the recipient’s employment.

(7) Other circumstances as determined by the department.

(b) (1) Except for an extension requested in accordance with paragraph (5) of subdivision (a), and subject to the limitation described in paragraph (2) of subdivision (a) of Section 11322.86, a county shall grant an extension to a recipient who presents evidence in accordance with subdivision (a) unless the county determines that the evidence presented does not support the existence of the circumstances described in subdivision (a).

(2) An extension requested in accordance with paragraph (5) of subdivision (a) shall be granted if evidence that a hearing date has been established is provided to the county.

(3) At any hearing disputing a county’s denial of an extension in accordance with paragraph (1), the county shall have the burden of proof to establish that an extension was not justified unless the county demonstrates that the denial was due to the unavailability of an extension in accordance with the 20-percent limitation described in paragraph (2) of subdivision (a) of Section 11322.86.

(c) If, as a result of information already available to a county, including the recipient’s welfare-to-work plan and verifications of participation, the county identifies that a recipient meets a circumstance described in subdivision (a), and subject to the limitation described in paragraph (2) of subdivision (a) of Section 11322.86, a county may grant an extension of the 24-month time limitation described in paragraph (1) of subdivision (a) of Section 11322.85 to the recipient.

(d) An extension granted in accordance with subdivision (b) or (c) shall be granted for an initial period of up to six months and shall be reevaluated by the county at least every six months.

(e) This section shall become inoperative on May 1, 2022, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement the changes associated with the repeal of this section, whichever date is later, and, as of January 1 of the following year, is repealed.