California Legislature—2013–14 Regular Session

Assembly Bill No. 1653

Introduced by Assembly Member Garcia

February 11, 2014

An act to amend Sections 11320.3 and 11322.85 of, to repeal Section 11495.1 of, and to repeal and add Sections 11495.15 and 11495.25 of, the Welfare and Institutions Code, relating to public social services.

LEGISLATIVE COUNSEL’S DIGEST

AB 1653, as introduced, Garcia. CalWORKs: victims of domestic violence.

Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, and state and county funds. As part of the CalWORKs program, participants generally receive 24 months of specified welfare-to-work services and activities, after which they are required to meet federal work participation requirements, as specified. Existing law authorizes a county to excuse a participant from the welfare-to-work requirements for good cause if the person is a victim of domestic violence and participation would be detrimental to or unfairly penalize the individual or his or her family. Existing law also authorizes each county to waive a program requirement at any time for a recipient who is a past or present victim of abuse, as specified.

This bill would require the State Department of Social Services to establish a standard, statewide notice and process to ensure that applicants for, or recipients of, CalWORKs aid who are past or present victims of domestic violence are not placed at further risk or unfairly penalized by program requirements, rules, or procedures. The bill would also require, with specified verification, the county to waive, for applicants or recipients, program requirements that make it more difficult for the victim to escape domestic violence, unfairly penalize the victim or family, or place them at further risk or encourage them to remain with the abuser. The bill would provide that a month in which an individual has been granted an exemption from welfare-to-work requirements due to domestic violence shall not be counted as one of the 24 months of participation in welfare-to-work activities. The bill would require human services agencies to develop a domestic violence service plan that is consistent with federal law. The bill would also require counties to use the standard, statewide notice or an approved county notice, to inform all CalWORKs applicants and recipients of their rights and how to secure a waiver. By increasing the duties of county human services agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

(a)  In enacting this act, the Legislature
recognizes that some individuals who are in need of public
assistance are, or have been, victims of abuse.

(b) It is the intent of the Legislature to ensure that victims of
abuse and recipients who are past or present victims of abuse are
not placed at further risk or unfairly penalized by program
requirements or procedures.

(c) The Legislature intends that, in implementing this act, a
standard, statewide notice to CalWORKs applicants and recipients
will be established, informing them of rights for domestic violence
victims and survivors and instructing them how to secure these
rights, as well as referrals for counseling services.

(d) It is also the intent of the Legislature that program
requirements for aid under the CalWORKs program shall not be
created or applied in a way that would make it more difficult for
a victim to escape domestic violence or unfairly penalize the
victim.

(e) The Legislature further intends that victims of domestic
abuse have the opportunity to benefit from the services and income
maintenance available through the CalWORKs program, enabling
victims and their families to transition to independence and lead
healthy lives free from domestic abuse.

(f) Finally, it is the intent of the Legislature that the county
human services agency refer victims of domestic violence to
support services, including those provided by the victim’s health
care provider.

SEC. 2.  

Section 11320.3 of the Welfare and Institutions Code
is amended to read:

11320.3.  

(a) (1) Except as provided in subdivision (b) or if
otherwise exempt, every individual, as a condition of eligibility
for aid under this chapter, shall participate in welfare-to-work
activities under this article.

(2) Individuals eligible under Section 11331.5 shall be required
to participate in the Cal-Learn Program under Article 3.5
(commencing with Section 11331) during the time that article is
operative, in lieu of the welfare-to-work requirements, and
subdivision (b) shall not apply to that individual.

(b) The following individuals shall not be required to participate
for so long as the condition continues to exist:

(1) An individual under 16 years of age.

(2) (A) A child attending an elementary, secondary, vocational,
or technical school on a full-time basis.

(B) A person who is 16 or 17 years of age, or a person described
in subdivision (d) who loses this exemption, shall not requalify
for the exemption by attending school as a required activity under
this article.

(C) Notwithstanding subparagraph (B), a person who is 16 or
17 years of age who has obtained a high school diploma or its
equivalent and is enrolled or is planning to enroll in a
postsecondary education, vocational, or technical school training
program shall also not be required to participate for so long as the
condition continues to exist.

(D) For purposes of subparagraph (C), a person shall be deemed
to be planning to enroll in a postsecondary education, vocational,
or technical school training program if he or she, or his or her
parent, acting on his or her behalf, submits a written statement
expressing his or her intent to enroll in such a program for the
following term. The exemption from participation shall not
continue beyond the beginning of the term, unless verification of
enrollment is provided or obtained by the county.

(3) An individual who meets either of the following conditions:

(A) The individual is disabled as determined by a doctor’s
verification that the disability is expected to last at least 30 days
and that it significantly impairs the recipient’s ability to be
regularly employed or participate in welfare-to-work activities,
provided that the individual is actively seeking appropriate medical
treatment.

(B) The individual is of advanced age.

(4) A nonparent caretaker relative who has primary
responsibility for providing care for a child and is either caring for
a child who is a dependent or ward of the court or caring for a
child in a case in which a county determines the child is at risk of
placement in foster care, and the county determines that the
caretaking responsibilities are beyond those considered normal
day-to-day parenting responsibilities such that they impair the
caretaker relative’s ability to be regularly employed or to participate
in welfare-to-work activities.

(5) An individual whose presence in the home is required
because of illness or incapacity of another member of the household
and whose caretaking responsibilities impair the recipient’s ability
to be regularly employed or to participate in welfare-to-work
activities.

(6) A parent or other relative who meets the criteria in
subparagraph (A) or (B).

(A) (i) The parent or other relative has primary responsibility
for personally providing care to a child six months of age or under,
except that, on a case-by-case basis, and based on criteria
developed by the county, this period may be reduced to the first
12 weeks after the birth or adoption of the child, or increased to
the first 12 months after the birth or adoption of the child. An
individual may be exempt only once under this clause.

(ii) An individual who received an exemption pursuant to clause
(i) shall be exempt for a period of 12 weeks, upon the birth or
adoption of any subsequent children, except that this period may
be extended on a case-by-case basis to six months, based on criteria
developed by the county.

(iii) In making the determination to extend the period of
exception under clause (i) or (ii), the following may be considered:

(I) The availability of child care.

(II) Local labor market conditions.

(III) Other factors determined by the county.

(iv) Effective January 1, 2013, the parent or other relative has
primary responsibility for personally providing care to one child
from birth to 23 months, inclusive. The exemption provided for
under this clause shall be available in addition to any other
exemption provided for under this subparagraph. An individual
may be exempt only once under this clause.

(B) In a family eligible for aid under this chapter due to the
unemployment of the principal wage earner, the exemption criteria
contained in subparagraph (A) shall be applied to only one parent.

(7) A parent or other relative who has primary responsibility
for personally providing care to one child who is from 12 to 23
months of age, inclusive, or two or more children who are under
six years of age.

(8) A woman who is pregnant and for whom it has been
medically verified that the pregnancy impairs her ability to be
regularly employed or participate in welfare-to-work activities or
the county has determined that, at that time, participation will not
readily lead to employment or that a training activity is not
appropriate. If a pregnant woman is unable to secure this medical
verification, but is otherwise eligible for an exemption from
welfare-to-work requirements under this section, including good
cause for temporary illness related to the pregnancy, she shall be
exempt from participation.

(c) Any individual not required to participate may choose to
participate voluntarily under this article, and end that participation
at any time without loss of eligibility for aid under this chapter, if
his or her status has not changed in a way that would require
participation.

(d) (1) Notwithstanding subdivision (a), a custodial parent who
is under 20 years of age and who has not earned a high school
diploma or its equivalent, and who is not exempt or whose only
basis for exemption is paragraph (1), (2), (5), (6), (7), or (8) of
subdivision (b), shall be required to participate solely for the
purpose of earning a high school diploma or its equivalent. During
the time that Article 3.5 (commencing with Section 11331) is
operative, this subdivision shall only apply to a custodial parent
who is 19 years of age.

(2) Section 11325.25 shall apply to a custodial parent who is
18 or 19 years of age and who is required to participate under this
article.

(e) Notwithstanding paragraph (1) of subdivision (d), the county
may determine that participation in education activities for the
purpose of earning a high school diploma or equivalent is
inappropriate for an 18 or 19 year old custodial parent only if that
parent is reassigned pursuant to an evaluation under Section
11325.25, or, at appraisal is already in an educational or vocational
training program that is approvable as a self-initiated program as
specified in Section 11325.23. If that determination is made, the
parent shall be allowed to continue participation in the self-initiated
program subject to Section 11325.23. During the time that Article
3.5 (commencing with Section 11331) is operative, this subdivision
shall only apply to a custodial parent who is 19 years of age.

(f) A recipient shall be excused from participation for good
cause when the county has determined there is a condition or other
circumstance that temporarily prevents or significantly impairs
the recipient’s ability to be regularly employed or to participate in
welfare-to-work activities. The county welfare department shall
review the good cause determination for its continuing
appropriateness in accordance with the projected length of the
condition, or circumstance, but not less than every three months.
The recipient shall cooperate with the county welfare department
and provide information, including written documentation, as
required to complete the review. Conditions that may be considered
good cause include, but are not limited to, the following:

(1) Lack of necessary supportive services.

begin delete

(2) In accordance with Article 7.5 (commencing with Section
11495), the applicant or recipient is a victim of domestic violence,
but only if participation under this article is detrimental to or
unfairly penalizes that individual or his or her family.

(3)

end delete

begin insert (2) end insert  Licensed or license-exempt child care for a child 10 years
of age or younger is not reasonably available during the
individual’s hours of training or employment including commuting
time, or arrangements for child care have broken down or have
been interrupted, or child care is needed for a child who meets the
criteria of subparagraph (C) of paragraph (1) of subdivision (a) of
Section 11323.2, but who is not included in the assistance unit.
For purposes of this paragraph, “reasonable availability” means
child care that is commonly available in the recipient’s community
to a person who is not receiving aid and that is in conformity with
the requirements of Public Law 104-193. The choices of child care
shall meet either licensing requirements or the requirements of
Section 11324. This good cause criterion shall include the
unavailability of suitable special needs child care for children with
identified special needs, including, but not limited to, disabilities
or chronic illnesses.

(g) (1) Paragraph (7) of subdivision (b) shall be implemented
notwithstanding Sections 11322.4, 11322.7, 11325.6, and 11327,
and shall become inoperative on January 1, 2013.

(2) The State Department of Social Services, in consultation
with the County Welfare Directors Association of California, and
advocates, shall develop a process to assist clients with
reengagement in welfare-to-work activities, pursuant to subdivision
(h). Reengagement activities may include notifying clients of the
expiration of exemptions, reassessments, and identifying necessary
supportive services.

(h) (1) A recipient who was not required to participate in
welfare-to-work activities on December 31, 2012, because, in
accordance with paragraph (7) of subdivision (b), he or she is a
parent or other relative who has primary responsibility for
personally providing care to one child who is from 12 to 23 months
of age, inclusive, or two or more children who are under six years
of age shall not be required to participate until the county welfare
department reengages the recipient in welfare-to-work activities.

(2) For purposes of this subdivision, reengagement in
welfare-to-work activities shall include the development of a
welfare-to-work plan in accordance with Section 11325.21 and
the provision of necessary supportive services pursuant to Section
11323.2.

(3) County welfare departments shall reengage all recipients
described in paragraph (1) by January 1, 2015, unless the recipient
is otherwise eligible for an exemption under subdivision (b).

(4) A recipient reengaged in accordance with this subdivision
who has received assistance under this chapter, or from any state
pursuant to the Temporary Assistance for Needy Families program
(Part A (commencing with Section 401) of Title IV of the federal
Social Security Act (42 U.S.C. Sec. 601 et seq.)), may continue
in a welfare-to-work plan that meets the requirements of Section
11322.6 for a cumulative period of 24 months commencing the
first day of the first month after he or she is reengaged, unless or
until he or she exceeds the 48-month time limitation described in
Section 11454.

(5) All months of assistance described in paragraph (4) prior to
the reengagement of the recipient shall not be applied to the
24-month limitation described in paragraph (1) of subdivision (a)
of Section 11322.85.

SEC. 3.  

Section 11322.85 of the Welfare and Institutions Code
is amended to read:

11322.85.  

(a) Unless otherwise exempt, an applicant or
recipient shall participate in welfare-to-work activities.

(1) For 24 cumulative months during a recipient’s lifetime, these
activities may include the activities listed in Section 11322.6 that
are consistent with the assessment performed in accordance with
Section 11325.4 and that are included in the individual’s
welfare-to-work plan, as described in Section 11325.21, to meet
the hours required in Section 11322.8. These 24 months need not
be consecutive.

(2) Any month in which the recipient meets the requirements
of Section 11322.8, through participation in an activity or activities
described in paragraph (3), shall not count as a month of activities
for purposes of the 24-month time limit described in paragraph
(1).

(3) After a total of 24 months of participation in welfare-to-work
activities pursuant to paragraph (1), an aided adult shall participate
in one or more of the following welfare-to-work activities, in
accordance with Section 607(c) and (d) of Title 42 of the United
States Code as of the operative date of this section, that are
consistent with the assessment performed in accordance with
Section 11325.4, and included in the individual’s welfare-to-work
plan, described in Section 11325.21:

(A) Unsubsidized employment.

(B) Subsidized private sector employment.

(C) Subsidized public sector employment.

(D) Work experience, including work associated with the
refurbishing of publicly assisted housing, if sufficient private sector
employment is not available.

(E) On-the-job training.

(F) Job search and job readiness assistance.

(G) Community service programs.

(H) Vocational educational training (not to exceed 12 months
with respect to any individual).

(I) Job skills training directly related to employment.

(J) Education directly related to employment, in the case of a
recipient who has not received a high school diploma or a
certificate of high school equivalency.

(K) Satisfactory attendance at a secondary school or in a course
of study leading to a certificate of general equivalence, in the case
of a recipient who has not completed secondary school or received
such a certificate.

(L) The provision of child care services to an individual who is
participating in a community service program.

(b) Any month in which any of the following conditions exists
shall not be counted as one of the 24 months of participation
allowed under paragraph (1) of subdivision (a):

(1) The recipient is participating in job search in accordance
with Section 11325.22, assessment pursuant to Section 11325.4,
is in the process of appraisal as described in Section 11325.2, or
is participating in the development of a welfare-to-work plan as
described in Section 11325.21.

(2) The recipient is no longer receiving aid, pursuant to Sections
11327.4 and 11327.5.

(3) The recipient has been excused from participation for good
cause, pursuant to Section 11320.3.

(4) The recipient is exempt from participation pursuant to
subdivision (b) of Section 11320.3.

(5) The recipient is only required to participate in accordance
with subdivision (d) of Section 11320.3.

(6) The recipient is participating in family stabilization pursuant
to Section 11325.24, and the recipient would meet the criteria for
good cause pursuant to Section 11320.3. This paragraph may apply
to a recipient for no more than six cumulative months.

begin insert

(7) The recipient has been granted a domestic violence waiver
pursuant to Section 11495.15.

end insert

(c) County welfare departments shall provide each recipient
who is subject to the requirements of paragraph (3) of subdivision
(a) written notice describing the 24-month time limitation described
in that paragraph and the process by which recipients may claim
exemptions from, and extensions to, those requirements.

(d) The notice described in subdivision (c) shall be provided at
the time the individual applies for aid, during the recipient’s annual
redetermination, and at least once after the individual has
participated for a total of 18 months, and prior to the end of the
21st month, that count toward the 24-month time limit.

(e) The notice described in this section shall include, but shall
not be limited to, all of the following:

(1) The number of remaining months the adult recipient may
be eligible to receive aid.

(2) The requirements that the recipient must meet in accordance
with paragraph (3) of subdivision (a) and the action that the county
will take if the adult recipient does not meet those requirements.

(3) The manner in which the recipient may dispute the number
of months counted toward the 24-month time limit.

(4) The opportunity for the recipient to modify his or her
welfare-to-work plan to meet the requirements of paragraph (3)
of subdivision (a).

(5) The opportunity for an exemption to, or extension of, the
24-month time limitation.

(f) For an individual subject to the requirements of paragraph
(3) of subdivision (a), who is not exempt or granted an extension,
and who does not meet those requirements, the provisions of
Sections 11327.4, 11327.5, 11327.9, and 11328.2 shall apply to
the extent consistent with the requirements of this section. For
purposes of this section, the procedures referenced in this
subdivision shall not be described as sanctions.

(g) (1) The department, in consultation with stakeholders, shall
convene a workgroup to determine further details of the noticing
and engagement requirements for the 24-month time limit, and
shall instruct counties via an all-county letter, followed by
regulations, no later than 18 months after the effective date of the
act that added this section.

(2) The workgroup described in paragraph (1) may also make
recommendations to refine or differentiate the procedures and due
process requirements applicable to individuals as described in
subdivision (f).

(h) (1) Notwithstanding paragraph (3) of subdivision (a) or any
other law, an assistance unit that contains an eligible adult who
has received assistance under this chapter, or from any state
pursuant to the Temporary Assistance for Needy Families program
(Part A (commencing with Section 401) of Title IV of the federal
Social Security Act (42 U.S.C. Sec. 601 et seq.)) prior to January
1, 2013, may continue in a welfare-to-work plan that meets the
requirements of Section 11322.6 for a cumulative period of 24
months commencing January 1, 2013, unless or until he or she
exceeds the 48-month time limitation described in Section 11454.

(2) All months of assistance described in paragraph (1) prior to
January 1, 2013, shall not be applied to the 24-month limitation
described in paragraph (1) of subdivision (a).

(i) This section shall become operative on January 1, 2014.

SEC. 4.  

Section 11495.1 of the Welfare and Institutions Code
is repealed.

begin delete

11495.1.  

(a) The department shall convene a task force
including, but not limited to, district attorney domestic violence
units, county departments of social services, the County Welfare
Directors Association of California, the California State
Association of Counties, statewide domestic violence prevention
groups, local domestic violence prevention advocates, and service
providers, the State Department of Health Care Services, the State
Department of Public Health, and the California Emergency
Management Agency. The department shall develop, in
consultation with the task force, protocols on handling cases in
which recipients are past or present victims of abuse. The protocols
shall define domestic abuse, and shall address training standards
and curricula, individual case assessments, confidentiality
procedures, notice procedures and counseling or other appropriate
participation requirements as part of an overall plan to transition
from welfare-to-work. The protocol shall specify how counties
shall do the following:

(1) Identify applicants and recipients of assistance under this
chapter who have been or are victims of abuse, including those
who self-identify, while protecting confidentiality.

(2) Refer these individuals to supportive services.

(3) Waive, on a case-by-case basis, for so long as necessary,
pursuant to a determination of good cause under paragraph (2) of
subdivision (f) of Section 11320.3, any program requirements that
would make it more difficult for these individuals or their children
to escape abuse, and that would be detrimental or unfairly penalize
past or present victims of abuse. Requirements that may be waived
include, but are not limited to, time limits on receipt of assistance,
work requirements, educational requirements, paternity
establishment and child support cooperation requirements.

(b) The department shall issue regulations describing the
protocol identified in subdivision (a) no later than January 1, 1999.

(c) Waivers of time limits granted pursuant to this section shall
not be implemented if federal statutes or regulations clarify that
abuse victims are included in the 20 percent hardship exemptions
and that no good cause waivers of the 20 percent limit will be
granted to the state for victims of abuse, thereby incurring a penalty
to the state.

(d) Waivers of the work requirements granted pursuant to this
section shall not be implemented if federal statutes or regulations
clarify that the state will be penalized for failing to meet work
participation requirements due to granting waivers to abuse victims.

end delete

SEC. 5.  

Section 11495.15 of the Welfare and Institutions Code
is repealed.

begin delete

11495.15.  

A county may waive a program requirement for a
recipient who has been identified as a past or present victim of
abuse when it has been determined that good cause exists pursuant
to paragraph (2) of subdivision (f) of Section 11320.3. Until
implementation of the regulations required pursuant to subdivision
(b) of Section 11495.1, a county may utilize standards, procedures,
and protocols currently available, and shall identify them in its
county plan. Waivers shall be reevaluated in accordance with other
routine periodic reevaluations by the county.

end delete

SEC. 6.  

Section 11495.15 is added to the Welfare and
Institutions Code, to read:

11495.15.  

(a) The State Department of Social Services shall
establish a standard statewide notice and process to ensure that
applicants for, or recipients of, aid under this chapter who are past
or present victims of domestic violence are not subject to program
requirements, rules, or procedures that make it more difficult for
the victim to escape domestic violence, unfairly penalize the victim,
place the victim at further risk of abuse, or encourage the victim
to remain with his or her abuser.

(b) (1) A county shall, with verification provided pursuant to
Section 11495.25, temporarily waive a program requirement,
subject to subdivision (e), at any time for an applicant or recipient
who is a past or present victim of abuse when it has been
determined that the requirement makes it more difficult for the
victim to escape domestic violence, would unfairly penalize the
victim or the victim’s family, places the victim at further risk of
abuse, or encourages the victim to remain with the abuser.

(2) A county shall, with verification provided pursuant to Section
11495.25, permanently waive the child support requirements set
forth in Section 11477, and any other requirement determined by
the department, at any time for an applicant or recipient who is a
past or present victim of abuse when it has been determined that
the rule or requirement makes it more difficult for the victim to
escape domestic violence, would unfairly penalize the victim or
the victim’s family, places the victim at further risk of abuse, or
encourages the victim to remain with the abuser.

(3) A county shall, with verification provided pursuant to Section
11495.25, permanently waive the maximum family grant
requirement set forth in Section 11450.04.

(c) County human services agencies shall provide, or make a
referral to, available domestic violence services for an applicant
or recipient granted a temporary or permanent waiver pursuant to
this section, unless the applicant or recipient is already in receipt
of those services.

(d) County human services agencies shall develop a domestic
violence service plan that is consistent with Section 260.55(c) of
Title 45 of the Code of Federal Regulations and shall be prepared
by a county human services agency employee trained in domestic
violence.

(e) (1) A temporary waiver granted pursuant to paragraph (1)
of subdivision (b) shall be reevaluated by the county human
services agency every six months following the granting of the
waiver to determine all of the following:

(A) If the conditions under which the temporary waiver was
granted still exist.

(B) Whether the recipient is participating in domestic violence
services pursuant to subdivision (c), as documented in writing by
the domestic violence service provider.

(C) Whether the recipient needs further domestic violence
services, as documented in writing by the domestic violence service
provider.

(D) Whether the domestic violence service provider documents
in writing that the recipient needs an additional six months of
domestic violence services.

(2) If the county human services agency determines that
subparagraphs (A) to (D), inclusive, of paragraph (1) have been
met, the county human services agency may grant additional
six-month extensions of the temporary waiver of program
requirements.

(3) Nothing shall preclude the applicant or recipient from
contacting the county earlier than the six-month review to request
information or seek to participate in welfare-to-work activities,
regardless of whether he or she is waived from the welfare-to-work
requirements.

(f) Any month in which an individual has been granted an
exemption from welfare-to-work requirements under this section
shall not be counted as one of the 24 months of participation
allowed under paragraph (1) of subdivision (a) of Section 11322.85.

(g) County human services agencies shall use the standard
statewide notice or approved county notice to inform all
CalWORKs applicants and recipients of their right to request a
waiver of program requirements as established in this section. The
notice shall be given, orally and in writing, at the time of
application and during the welfare-to-work planning process. The
notice shall be given in writing at redetermination, in each notice
of action for sanction resulting from failure to participate in a
program requirement, and whenever an applicant or recipient
voluntarily discloses that he or she is a victim of abuse. Proof that
the applicant or recipient was provided with each notice shall be
retained in his or her case file.

(h) (1) The notice required by subdivision (g) shall be developed
by the department, in consultation with county human services
agencies, domestic violence and CalWORKs advocates, and
CalWORKs caseworkers, and it shall include all of the following:

(A) The rights and responsibilities established in this section.

(B) Examples of the types of program requirement waivers that
may be requested.

(C) Space for county-specific instructions for securing a waiver
and a service plan.

(D) Space for county domestic abuse resources, including mental
health services.

(E) Confidentiality and the limits thereof.

(F) The good cause exemption to the child support cooperation
requirement.

(G) General abuse information such as safety planning.

(H) Information about how to receive county assistance in
tailoring welfare-to-work plans to meet the needs of victims when
they do not have a waiver of the welfare-to-work requirements.

(I) Remedies available for immigrant domestic violence
survivors.

(2) A county that wishes to use a notice it has developed may
do so with the approval of the department, provided that the notice
meets the minimum requirements of this subdivision.

(i) An applicant or recipient of aid shall not be required to
disclose his or her status, or the status of another member of the
authorized unit, as a domestic violence victim in order to receive
aid.

(j) (1) This section does not limit the authority of a county to
waive a program rule or requirement retroactively, if the past
application of the rule or requirement unfairly penalized the
individual or made it more difficult for the individual to escape
the abuse. The county shall require the applicant or recipient to
provide evidence of the past abuse, as described in subdivision (b)
of Section 11495.25, in order to waive a program requirement
retroactively, and may assist the applicant or recipient in obtaining
the evidence, as appropriate. A county shall not retroactively waive
a program requirement for more than 12 months.

(2) Notwithstanding paragraph (1), a county shall waive the
program requirements for more than 12 months if the county failed
to provide a written notice pursuant to subdivision (g). Retroactivity
shall be limited to the date the last written notice was provided to
the applicant or recipient by the county. Notwithstanding this
provision, retroactivity may be granted beyond the last written
notice if the county worker failed to assess whether a waiver should
be granted after the applicant or recipient has requested a waiver
and provided the appropriate documentation as specified in Section
11495.25. If denied a waiver, an applicant or recipient shall be
informed that he or she has a right to a hearing by an administrative
law judge.

SEC. 7.  

Section 11495.25 of the Welfare and Institutions Code
is repealed.

begin delete

11495.25.  

Sworn statements by a victim of past or present
abuse shall be sufficient to establish abuse unless the agency
documents in writing an independent, reasonable basis to find the
recipient not credible. Evidence may also include, but is not limited
to: police, government agency, or court records or files;
documentation from a domestic violence program, legal, clerical,
medical or other professional from whom the applicant or recipient
has sought assistance in dealing with abuse; or other evidence,
such as a statement from any other individual with knowledge of
the circumstances that provide the basis for the claim, physical
evidence of abuse, or any other evidence that supports the
statement.

end delete

SEC. 8.  

Section 11495.25 is added to the Welfare and
Institutions Code, to read:

11495.25.  

When determining eligibility for a prospective
waiver of a program requirement established in Section 11495.15,
either of the following shall be accepted:

(a) A sworn statement by an applicant or recipient that past or
present abuse has occurred shall be sufficient for a prospective
waiver of program requirements, unless the county human services
agency documents in writing an independent, reasonable basis to
find that the applicant or recipient is not credible. If the county
human services agency documents that the applicant or recipient
is not credible, the applicant or recipient may provide evidence as
set further in subdivision (b). The applicant or recipient is not
precluded from voluntarily providing additional evidence that may
be available beyond a sworn statement. The evidence shall be
retained in the case file.

(b) Evidence required pursuant to subdivision (a) of this section
and subdivision (j) of Section 11495.15 that abuse, as defined in
Section 11495.12, is occurring or has occurred in the past shall
consist of either of the following:

(1) Police, government agency, or court records or files.

(2) Documentation from a domestic violence program, legal,
clerical, medical, or other professional from whom the applicant
or recipient is seeking or has sought assistance regarding the abuse.

SEC. 9.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.