California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 2 - California Arts Council › Subchapter 2 - Grant Application Criteria and Procedure of the California Arts Council › Article 8 - Application Review and Awards Process › Section 3629 - Limitations on Individual Contract Grants for Aliens

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) 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 the public
					 benefit.
(b) 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 individual contract grants as set forth
					 in Section
					 8753,
					 Government Code, except as provided in
					 8 U.S.C. §
												1621(c)(2).
(c) A qualified alien is an alien who, at the
					 time he or she applies for, receives, or attempts to receive a public benefit,
					 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 subparagraphs (A), (B), (C), and (D) 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 shall be
					 considered acts of violence.
(B)
					 There is a substantial connection between such battery or cruelty and the need
					 for the benefits to be provided in the opinion of the California Arts Council.
					 For purposes of this subsection, the following circumstances demonstrate a
					 substantial connection between the battery or cruelty and the need for the
					 benefits to be provided:
1. The benefits are
					 needed to enable the alien to become self-sufficient following separation from
					 the abuser.
2. The 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. The benefits are needed
					 due to a loss of financial support resulting from the alien's separation from
					 the abuser.
4. The 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. The 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. The 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 a
					 day care for fear of being found by the abuser).
7. The benefits are needed to alleviate
					 nutritional risk or need resulting from the abuse or following separation from
					 the abuser.
8. The 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. §
															1254) as in effect prior to April 1, 1997
					 [Pub. L.
					 104-208. §
														501 (effective September 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 U.S.C.S. 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 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
					 of subparagraphs (A), (B), (C), (D) and (E) 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 shall be considered acts of violence.
(B) The alien did not actively participate in
					 such battery or cruelty.
(C) There
					 is a substantial connection between such battery or cruelty and the need for
					 the benefits to be provided in the opinion of the California Arts Council. For
					 purposes of this subsection, the following circumstances demonstrate a
					 substantial connection between the battery or cruelty and the need for the
					 benefits to be provided:
1. The benefits are
					 needed to enable the alien's child to become self-sufficient following
					 separation from the abuser.
2. The
					 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. The
					 benefits are needed due to a loss of financial support resulting from the
					 alien's child's separation from the abuser.
4. The 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. The 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. The 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. The benefits are needed
					 to alleviate nutritional risk or need resulting from the abuse or following
					 separation from the abuser.
8. The
					 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's
					 child 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 (c)(8)(C) above.
(E) For
					 the period for which 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.
(10) An alien child who meets all of the
					 conditions of subparagraphs (A), (B), and (C) below:
(A) The alien child 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. 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 shall be considered acts of violence.
(B) There is a substantial connection between
					 such battery or cruelty and the need for the benefits to be provided in the
					 opinion of the California Arts Council. For purposes of this subsection, the
					 following circumstances demonstrate a substantial connection between the
					 battery or cruelty and the need for the benefits to be provided:
1. The benefits are needed to enable the
					 alien child's parent to become self-sufficient following separation from the
					 abuser.
2. The benefits are needed
					 to enable the alien child's parent to escape the abuser and/or the community in
					 which the abuser lives, or to ensure the safety of the alien child's parent
					 from the abuser.
3. The benefits
					 are needed due to a loss of financial support resulting from the alien child's
					 parent's separation from the abuser.
4. The 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 child's parent to lose his or her job or
					 to earn less or to require the alien child's parent to leave his or her job for
					 safety reasons.
5. The benefits are
					 needed because the alien child's parent requires medical attention or mental
					 health counseling, or has become disabled, as a result of the battery or
					 extreme cruelty.
6. The 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 child's
					 parent'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. The
					 benefits are needed to alleviate nutritional risk or need resulting from the
					 abuse or following separation from the abuser.
8. The 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 child's parent 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 child's parent had when living with the
					 abuser.
(C) The alien
					 child meets the requirements of subsection (c)(8)(C)
					 above.