California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 10 - Immigrant Status Verification for Licensure or Certification Applicants › Section 14001 - Limitations on Licensure or Certification for Aliens

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The requirements
				of this regulation shall apply to all sole proprietors applying for public benefits.
				For purposes of this regulation, the term "public benefits" means a license to
				operate a driving under the influence program, as set forth in Chapter 9 (commencing
				with Section 11836), Part 2, Division 10.5 of the
				Health and Safety Code; a license to operate a narcotic treatment program, as set
				forth in Article 3 (commencing with Section
				11875, Chapter 1, Part 3, Division 10.5
				of the Health and Safety Code; a license to operate a residential, alcoholism or
				drug abuse recovery or treatment facility, as set forth in Article 1 (commencing
				with Section 11834.01), Chapter 7.5, Part 2, Division
				10.5 of the Health and Safety Code; or a certificate to provide alcohol program
				services, as set forth in Chapter 7 (commencing with Section
				11830), Part 2, Division 10.5 of the
				Health and Safety Code or drug program services, as set forth in Section
				11994 of
				the Health and Safety Code.
(b) All
				eligibility requirements contained herein shall be applied without regard to the
				race, creed, color, gender, religion, or national origin of the individual applying
				for licensure or certification.
(c)
				Pursuant to Section
				411 of the Personal Responsibility and
				Work Opportunity Reconciliation Act of 1996 (Pub.L. No. 104-193(PRWORA)),
				(8 U.S.C. §
										1621), and notwithstanding any other provision of
				this Division, aliens who are not qualified aliens, nonimmigrant aliens under the
				Immigration and Nationality Act (INA) (8 U.S.C. §
										1101 et
				seq.), or aliens paroled into the United States under Section
				212(d)(5) of the INA
				(8 U.S.C. §
										1182(d)(5)) for less than one
				year, are not eligible to receive public benefits, as defined in subsection (a) of
				this regulation.
(d) A qualified alien
				is an alien who, at the time he or she applies for, receives, or attempts to receive
				public benefits, is, under Section
				431(b) and (c) of the
				PRWORA (8 U.S.C. §
										1641(b) and (c)), any of the
				following:
(1) An alien who is 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
				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
				Public Law
				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)) (See editorial note
				under 8 U.S.C. §
											1101, "Effective Date of 1980
				Amendment.")
(7) An alien who is a Cuban
				or Haitian entrant (as defined in Section
				501(e) of the Refugee
				Education Assistance Act of 1980 (8 U.S.C. §
											1522 note)).
(8) An alien who meets all of the conditions of
				(A), (B), (C), and (D) immediately below:
(A) The
				alien 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. For purposes of this subsection, the term
				"battered or subjected to extreme cruelty" includes, 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, rape,
				molestation, incest (if the victim is a minor), or forced prostitution.
(B) The Department determines that there is a
				substantial connection between such battery or cruelty and the need for public
				benefits. For purposes of this subsection, the following circumstances demonstrate a
				substantial connection between the battery or cruelty and the need for public
				benefits.
1. Public benefits are needed to enable
				the alien to become self-sufficient following separation from the abuser.
2. Public benefits are needed to enable the alien
				to escape the abuser and/or the community in which the abuser lives, or to ensure
				the safety of the alien from the abuser.
3. Public benefits are needed due to a loss of
				financial support resulting from the alien's separation from the abuser.
4. Public benefits are needed because the battery
				or cruelty, separation from the abuser, or work absences or lower job performance
				resulting from the battery or extreme cruelty or from legal proceedings relating
				thereto (including resulting child support, child custody, and divorce actions)
				cause the alien to lose his or her job or to earn less or to require the alien to
				leave his or her job for safety reasons.
5. Public benefits are needed because the alien
				requires medical attention or mental health counseling, or has become disabled, as a
				result of the battery or extreme cruelty.
6. Public benefits are needed because the loss of
				a dwelling or source of income or fear of the abuser following separation from the
				abuser jeopardizes the alien's ability to care for his or her children (e.g.,
				inability to house, feed, or clothe children or to put children into day care for
				fear of being found by the abuser).
7.
				Public benefits are needed to alleviate nutritional risk or need resulting from the
				abuse or following separation from the abuser.
8. Public benefits are needed to provide medical
				care during a pregnancy resulting from the abuser's sexual assault or abuse of, or
				relationship with, the alien and/or to care for any resulting children.
9. Where medical coverage and/or health care
				services are needed to replace medical coverage or health care services the alien
				had when living with the abuser.
(C) The alien has a petition that has been
				approved or has a petition pending which sets forth a prima facie case for:
1. 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)),
2. Classification 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)),
3. Suspension of deportation and adjustment of
				status pursuant to Section
				244(a)(3) of the INA
				(8 U.S.C. Sec.
				1254) as in effect prior to April 1, 1997
				(Pub.L.
				104-208,
				Sec.
				501(effective Sept. 30, 1996, pursuant to Sec.
				591);
				Pub.L.
				104-208,
				Sec.
				304(effective April 1, 1997, pursuant to Sec.
				309);
				Pub. L.
				105-33,
				Sec.
				5581(effective pursuant to Sec.
				5582)) (incorrectly codified as
				"cancellation of removal under Section
				240 A of Such Act [8 USCS Sec.
				1229 b] as in effect prior to April 1,
				1997").
4. 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
				classification pursuant to clause (i) of Section
				204(a)(1)(B) of the INA
				(8 U.S.C. § (1154) (a)(1)(B)(i)), or
5. Cancellation of removal pursuant to Section
				240 A(b)(2) of the INA (8 U.S.C. §
													1229b(b)(2)).
(D) For the period for which public benefits are
				sought, the individual responsible for the battery or cruelty does not reside in the
				same household or family eligibility unit as the individual subjected to the battery
				or cruelty.
(9) An alien who
				meets all of the conditions (A), (B), (C), (D) and (E) immediately below:
(A) The alien has a child who 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's 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.
				For purposes of this subsection, the term "battered or subjected to extreme cruelty"
				includes, 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, rape, molestation, incest (if the victim is a minor), or
				forced prostitution.
(B) The alien did
				not actively participate in such battery or cruelty.
(C) The Department has determined that there is a
				substantial connection between such battery or cruelty and the need for public
				benefits. For purposes of this subsection, the following circumstances demonstrate a
				substantial connection between the battery or cruelty and the need for public
				benefits:
1. Public benefits are needed to enable
				the alien's child to become self-sufficient following separation from the
				abuser.
2. Public benefits are needed to
				enable the alien's child to escape the abuser and/or the community in which the
				abuser lives, or to ensure the safety of the alien's child from the
				abuser.
3. Public benefits are needed
				due to a loss of financial support resulting from the alien's child's separation
				from the abuser.
4. Public benefits are
				needed because the battery or cruelty, separation from the abuser, or work absences
				or lower job performance resulting from the battery or extreme cruelty or from legal
				proceedings relating thereto (including resulting child support, child custody, and
				divorce actions) cause the alien's child to lose his or her job or to earn less or
				to require the alien's child to leave his or her job for safety reasons.
5. Public benefits are needed because the alien's
				child requires medical attention or mental health counseling, or has become disabled
				as a result of the battery or extreme cruelty.
6. Public benefits are needed because the loss of
				a dwelling or source of income or fear of the abuser following separation from the
				abuser jeopardizes the alien's child's ability to care for his or her children
				(e.g., inability to house, feed, or clothe children, or to put children into day
				care for fear of being found by the abuser).
7. Public benefits are needed to alleviate
				nutritional risk or need resulting from the abuse or following separation from the
				abuser.
8. Public benefits are needed to
				provide medical care during a pregnancy resulting from the abuser's sexual assault
				or abuse of, or relationship with, the alien and/or to care for any resulting
				children.
9. Where medical coverage
				and/or health care services are needed to replace medical coverage or health care
				services the alien's child had when living with the abuser.
(D) The alien meets the requirements of subsection
				(d)(8)(C) of this regulation.
(E) For
				the period for which public benefits are sought, the individual responsible for the
				battery or cruelty does not reside in the same household or family eligibility unit
				as the individual subjected to the battery or cruelty.