California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 2 - Certification of Participants › Section 40679 - Actions Affecting Participation in Mid-Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The local agency shall disqualify an
						individual in the middle of a certification period for the following reasons:
(1) Through a reassessment of eligibility
						status, the individual is determined to no longer meet eligibility
						requirements. However, a participant whose nutritional risk condition has
						resolved shall not be disqualified mid-certification.
(2) The local agency shall disqualify a
						participant for a period not to exceed three months for participant abuse
						including, but not limited to, any of the following reported program violations
						by the participant or parent, guardian, caretaker, or representative of the
						participant:
(A) Knowing and deliberate
						misrepresentation of facts or circumstances which affect Program
						eligibility;
(B) Sale of
						supplemental foods or food instruments to, or exchange with, other individuals
						or entities;
(C) Purchase of more
						than the specified amount of an authorized food item(s) with food
						instruments;
(D) Receipt from food
						vendors of cash or credit toward purchase of unauthorized food or other items
						of value in lieu of authorized supplemental foods;
(E) Return of authorized food items purchased
						with WIC food instruments for cash, credit, or unauthorized items;
(F) Physical abuse, or threat of physical
						abuse, of WIC clinic or vendor staff;
(G) Purchase of unauthorized food items with
						WIC food instruments;
(H) Use of
						food instruments outside of the valid dates;
(I) Any alteration of the food
						instrument;
(J) Redemption of food
						instruments at any food vendor other than the one imprinted on the food
						instrument;
(K) Theft of food
						instruments;
(L) Dual
						participation;
(M) Accepting WIC
						food instruments from anyone other than WIC staff.
(3) Fails to pick up food instruments or to
						keep scheduled appointments for a period of two consecutive months.
(4) If the Department experiences funding
						shortages, it may be necessary to discontinue Program benefits to a number of
						certified participants whose nutritional and health status would be least
						impaired by withdrawal of Program benefits. Such action shall be taken only
						after the Department has explored alternative actions; the action shall be
						calculated to affect the least possible number of participants with the
						expectation of providing benefits again when funds are available. When the
						Department elects to discontinue benefits to a number of certified participants
						due to insufficient funds, local agencies shall not enroll new participants
						during the time period.