California Code of Regulations › Title 22 - Social Security › Division 11 - Department of Community Services and Development › Chapter 3 - Applicant Verification Regulations › Section 100901 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions shall apply to this subchapter:
(a) "Applicant" means any person applying to the
				Department and/or its contracting agencies for a public benefit.
(b) "Battered or subjected to extreme cruelty"
				means, but is not limited to, being the victim of any act or threatened act of
				violence, including any forceful detention, which results or threatens to result in
				physical or mental injury. Psychological or sexual abuse or exploitation, including
				rape, molestation, incest (if the victim is a minor), or forced prostitution shall
				be considered as acts of violence. Other abusive actions may also be acts of
				violence under this rule. Acts or threatened acts that, in and of themselves, may
				not initially appear violent may be part of an overall pattern of
				violence.
(c) "Department" means the
				California Department of Community Services and Development.
(d) "INA" means the Immigration and Nationality
				Act.
(e) "INS" means the Immigration and
				Naturalization Service.
(f) "Noncitizen"
				means any person not a citizen or national of the United States.
(g) "Nonprofit charitable organization" for
				purposes of this subchapter, shall mean an organization which shall include, but not
				necessarily be limited to, organizations which have received a tax exemption from
				the Internal Revenue Service pursuant to Internal Revenue Code section
				501(c)(3). An
				organization is "nonprofit" if it is organized and operated for purposes other than
				making gains or profits for the organization, its members or its shareholders, and
				is precluded from distributing any gains or profits to its members or shareholders.
				An organization is "charitable" if it is organized and operated for charitable
				purposes. The term "charitable" includes organizations dedicated to relief of the
				poor and distressed or the underprivileged, as well as religiously affiliated
				organizations and educational organizations.
(h) "PRWORA" means the Personal Responsibility and
				Work Opportunity Reconciliation Act of 1996, (P. L. 104-193).
(i) "Qualified alien" means an alien who, at the
				time he or she applies for, receives, or attempts to receive a public benefit, is,
				under 8 U.S.C. §
										1641(b) and (c), any of the
				following:
(1) An alien lawfully admitted for
				permanent residence under the INA (8 U.S.C. §
											1101 et seq.).
(2) An alien who is granted asylum under Section
				208 of the INA (8 U.S.C. §
											1158).
(3) A refugee who is admitted to the United States
				under Section 207 of the INA (8 U.S.C. §
											1157).
(4) An alien who is paroled into the United States
				under Section 212(d)(5) of the INA
				(8 U.S.C. §
											1182(d)(5)) for a period of at
				least one year.
(5) An alien whose
				deportation is being withheld under Section
				243(h) of the INA
				(8 U.S.C. §
											1253(h)) (as in effect
				immediately before the effective date of Section
				307 of division C of Public Law (P.L.)
				104-208) or Section
				241(b)(3) of such Act
				(8 U.S.C. §
											1251(b)(3)) (as amended by
				Section
				305(a) of division C of
				P.L.
				104-208).
(6) An alien who is granted conditional entry
				pursuant to Section
				203(a)(7) of the INA
				as in effect prior to April 1, 1980 (8 U.S.C. §
											1153(a)(7).
(7) An alien who is a Cuban and Haitian entrant
				(as defined in Section
				501(e) of the Refugee
				Education Assistance Act of 1980).
(8)
				An alien under 8 U.S.C. §
											1641(c)(1) who:
(A) 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's
				or parent's family residing in the same household as the alien, and the spouse or
				parent of the alien consented to, or acquiesced in, such battery or cruelty, and has
				the need for the benefits to be provided
(B) and has a petition that has been approved or
				has a petition pending which sets forth a prima facie case for:
(i) status as a spouse or child of a United States
				citizen pursuant to clause (ii), (iii), or (iv) of Section
				204(a)(1)(A) of the
				INA (8 U.S.C. §
													1154(a)(1)(A) (ii), (iii), or
				(iv)),
(ii) status as a spouse or child of a lawful
				permanent resident pursuant to clause (ii) or (iii) of Section
				204(a)(1)(B) of the
				INA (8 U.S.C. §
													1154(a)(1)(B)(ii) or
				(iii)),
(iii) suspension of deportation under section
				244(a)(3) of the
				Immigration and Nationality Act (as in effect before the title III-A effective date
				in section 309 of the Illegal Immigration and
				Immigrant Responsibility Act of 1996,
(iv) status as a spouse or child of a United
				States citizen pursuant to clause (i) of Section
				204(a)(1)(A) of the
				INA (8 U.S.C. §
													1154(a)(1)(A)(i)) or status as a
				spouse or child or unmarried son or daughter of a lawful permanent resident pursuant
				to clause (i) of Section
				204(a)(1)(B) of the
				INA (8 U.S.C. §
													1154(a)(1)(B)(i)), or
(v) cancellation of removal under the INA
				(8 U.S.C. §
													1229b(b)(2)).
(9) An alien under
				8 U.S.C. §
											1641(c)(2) whose child:
(A) has been battered or subjected to extreme
				cruelty in the United States by a spouse or a parent of the alien (without the
				active participation of the alien in the battery or cruelty), or by a member of the
				spouse or parent's family residing in the same household as the alien and the spouse
				or parent consented or acquiesced to such battery or cruelty, and the alien did not
				actively participate in such battery or cruelty, but only if (in the opinion of the
				Department of Community Services and Development and/or its contractors) there is a
				substantial connection between such battery or cruelty and the need for the benefits
				to be provided; and
(B) who meets the
				requirements of subparagraph (B) of paragraph (8); or
(10) An alien child under
				8 U.S.C. §
											1641(c)(3) who:
(A) resides in the same household as a parent who
				has been battered or subjected to extreme cruelty in the United States by that
				parent's spouse or by a member of the spouse's family residing in the same household
				as the parent and the spouse consented or acquiesced to such battery or cruelty, but
				only if (in the opinion of the agency providing such benefits) there is a
				substantial connection between such battery or cruelty and the need for the benefits
				to be provided, and:
(B) who meets the
				requirement of subparagraph (B) of paragraph (8)
(11) and for the period for which benefits are
				sought, the individual responsible for the battery or cruelty to the individuals
				identified in Sections (8), (9) and (10) does not reside in the same household or
				family eligibility unit as the individual subjected to the battery or
				cruelty.
(12) and there is a substantial
				connection between such battery or cruelty to the individuals identified in Sections
				(8), (9) and (10) and the need for the benefits to be provided in the opinion of the
				Department of Community Services and Development and/or its
				contractors.