Article 2 - Eligibility for Aid

California Welfare and Institutions Code — §§ 11250-11270

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Sections (41)

Amended by Stats. 1985, Ch. 1552, Sec. 1.

Aid, services, or both shall be granted under the provisions of this chapter, and subject to the regulations of the department, to families with related children under the age of 18 years, except as provided in Section 11253, in need thereof because they have been deprived of parental support or care due to:

(a)The death, physical or mental incapacity, or incarceration of a parent.

(b)The unemployment of a parent or parents.

(c)Continued absence of a parent from

the home due to divorce, separation, desertion, or any other reason, except absence occasioned solely by reason of the performance of active duty in the uniformed services of the United States. “Continued absence” exists when the nature of the absence is such as either to interrupt or to terminate the parent’s functioning as a provider of maintenance, physical care, or guidance for the child, and the known or indefinite duration of the absence precludes counting on the parent’s performance of the function of planning for the present support or care of the child. If these conditions exist, the parent may be absent for any reason, and may have left only recently or some time previously.

§ 11250.4

Amended by Stats. 1998, Ch. 902, Sec. 19. Effective January 1, 1999.

Aid under this chapter shall not be payable to an assistance unit if a caretaker relative is, on the last day of the month, participating in a strike, unless the strike is necessitated by an imminent health and safety hazard or abnormally dangerous working conditions at the place of employment as determined by the Division of Occupational Safety and Health, or a lockout as defined in Section 1132.8 of the Labor Code. For the purposes of this section, a strike necessitated by an imminent health and safety hazard or abnormally dangerous working condition shall

last only so long as necessitated by the imminent hazard or abnormally dangerous working condition. If an individual other than a caretaker relative is participating in a strike, as defined in this section, on the last day of the month, subject to the exceptions and their limitations set forth in this section, that individual’s needs shall not be included in determining the amount of aid payable to the assistance unit for the month during which the individual is participating in the strike on the last day of that month.

§ 11250.6

Amended by Stats. 1982, 1st Ex. Sess., Ch. 3, Sec. 14. Effective February 17, 1982.

Except where inconsistent with federal laws, the income of any person under a contract of employment on an annual basis but who works and receives income from such contract in fewer than 12 months, but more than eight months, shall be prorated over the period of the contract for the purposes of this chapter.

§ 11250.7

Amended by Stats. 1982, 1st Ex. Sess., Ch. 3, Sec. 15. Effective February 17, 1982.

Except where inconsistent with federal law, the salary of a full-time certificated employee of a school district shall be prorated over a 12-month period for the purposes of determining eligibility for aid under this chapter.

§ 11250.8

Added by Stats. 1987, Ch. 957, Sec. 1.

If an applicant for, or recipient of, benefits pursuant to this chapter receives one or more educational loans or grants, for purposes of determining availability of income, that person’s educational expenses shall not be applied to any educational loans or grants which, under federal or state law, are totally exempt from consideration as income for purposes of determining eligibility for benefits under this chapter.

§ 11250.9

Added by Stats. 2017, Ch. 463, Sec. 1. (SB 570) Effective January 1, 2018.

If an applicant for, or recipient of, benefits pursuant to this chapter is a veteran, the dependent of a veteran, or the spouse of a veteran who either died in the line of duty or has a service-connected disability, benefits received for education, training, vocation, or rehabilitation and related allowances through the United States Department of Veterans Affairs shall be exempt from consideration as income for purposes of determining eligibility for benefits or calculating grant amounts pursuant to this chapter.

§ 11251.3

Repealed (in Secs. 45 and 46) and added by Stats. 2014, Ch. 26, Sec. 47. (AB 1468) Effective June 20, 2014. Section operative April 1, 2015, by its own provisions.

(a)Subject to the limitations of subdivision (b), pursuant to Section 115(d)(1)(A) of Public Law 104-193 (21 U.S.C. Sec. 862a(d)(1)(A)), California opts out of the provisions of Section 115(a)(1) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(1)). An individual convicted as an adult in state or federal court after December 31, 1997, including any plea of nolo contendere, of any offense classified as a felony that has as an element the possession, use, or distribution of a controlled substance, as defined in Section 102(6) of the federal Controlled Substances Act (21 U.S.C. Sec. 802(6)) or Division 10 (commencing with Section 11000) of the Health and Safety Code, shall be eligible to receive CalWORKs benefits under this section.

(b)As a

condition of eligibility for CalWORKs pursuant to subdivision (a), an applicant or recipient described in subdivision (a) who is on probation or parole shall comply with the terms of the probation or parole, including participation in a government-recognized drug treatment program, if required. If the county human services agency receives verification that the individual is ineligible pursuant to subdivision (a) of Section 11486.5, the individual shall be ineligible for CalWORKs benefits under this section until he or she is no longer in violation of probation or parole or a fleeing felon. Verification shall be obtained using existing county human services agency protocols to determine eligibility.

(c)This section shall become operative on April 1, 2015.

§ 11253

Amended by Stats. 2019, Ch. 27, Sec. 36. (SB 80) Effective June 27, 2019.

(a)Except as provided in subdivision (b), aid shall not be granted under this chapter to or on behalf of any child who has attained 18 years of age unless all of the following apply:

(1)The child is less than 19 years of age and is attending high school or the equivalent level of vocational or technical training on a full-time basis.

(2)The child can reasonably be expected to complete the educational or training program before the child’s 19th birthday.

(b)(1) On and after January 1, 2012, aid shall be granted under this chapter to or on behalf of any nonminor dependent, as defined in subdivision (v) of Section

11400, if the nonminor dependent is placed in the approved home of a relative under the supervision of the county child welfare or probation department or Indian tribe that has entered into an agreement pursuant to Section 10553.1, and the nonminor dependent otherwise is eligible pursuant to Section 11403.

(2)The eligible nonminor dependent shall be exempt from identity verification requirements for the CalWORKs program.

(c)Notwithstanding any other law, payment of aid under this chapter may be made out of state if the nonminor dependent who is described in subdivision (b) is placed in the approved home of a relative who resides in another state.

§ 11253.2

Amended by Stats. 2019, Ch. 27, Sec. 37. (SB 80) Effective June 27, 2019.

(a)Notwithstanding any other law, an application for aid filed on behalf of a child to whom Section 309, 361.45, or 16519.5 applies shall be processed pursuant to an expedited process as determined by the department in consultation with the counties.

(b)Subdivision (a) does not apply if the person who applies for aid on behalf of a child described in subdivision (a) is also an applicant for or a recipient of benefits under this chapter.

(c)(1) Except as provided in paragraph (2), a person who applies for aid on behalf of a child described in subdivision (a) shall be exempt from identity verification requirements for the CalWORKs program.

(2)A relative caregiver who is also an applicant for or a recipient of benefits under this chapter shall comply with the identity verification requirements for the CalWORKs program, as those statutory and regulatory requirements existed on October 1, 2018.

§ 11253.3

Added by Stats. 2010, Ch. 559, Sec. 33.5. (AB 12) Effective January 1, 2011.

(a)On and after the effective dates of the age extensions provided in subdivision (k) of Section 11403, a nonminor dependent, as defined in subdivision (v) of Section 11400, who was receiving CalWORKs aid and was placed in the approved home of a relative under the supervision of the county child welfare or probation department or Indian tribe that has entered into an agreement pursuant to Section 10553.1, and who has become eligible for continued receipt of CalWORKs pursuant to Section 11403, shall

not be subject to this chapter, except as specified in subdivision (b).

(b)The nonminor dependent shall continue to receive the same grant amount as a CalWORKs grant recipient in an assistance unit of one, pursuant to the amount set forth in Section 11450. Any changes to the CalWORKs grant amount shall also apply to the nonminor dependent’s grant.

§ 11253.4

Amended by Stats. 2019, Ch. 27, Sec. 38. (SB 80) Effective June 27, 2019.

(a)(1) On and after January 1, 2015, a child eligible for the Approved Relative Caregiver Funding Program in accordance with Section 11461.3 is not subject to the provisions of this chapter relating to CalWORKs, including, but not limited to, the provisions that relate to CalWORKs eligibility, welfare-to-work, time limits, or grant computation.

(2)All of the following shall apply to a child specified in paragraph (1):

(A)The child shall receive the applicable regional CalWORKs grant for recipient in an assistance unit of one, pursuant to the exempt maximum aid payment set forth in Section 11450, and any changes to the CalWORKs grant amount shall apply to the grant described

in this subparagraph.

(B)Notwithstanding any other law, the CalWORKs grant of the child shall be paid by the county with payment responsibility as described in subdivision (b) of Section 11461.3, rather than the county of residence of the child, unless the child resides in the county with payment responsibility.

(C)For an assistance unit described in subparagraph (A), eligibility shall be determined in accordance with paragraph (3) of subdivision (a) of Section 672 of Title 42 of the United States Code and state law implementing those requirements for the purposes of Article 5 (commencing with Section 11400).

(D)(i) Article 7 (commencing with Section 11476.6), as modified by subdivisions (g) and (h) of Section 11461.3, applies to an assistance unit described in subparagraph (A).

(ii) This subparagraph is intended by the Legislature to clarify existing law.

(b)(1) Except as provided in paragraph (2), a person who is an approved relative caregiver with whom a child eligible in accordance with Section 11461.3 is placed shall be exempt from identity verification requirements for the CalWORKs program.

(2)An approved relative caregiver who is also an applicant for or a recipient of benefits under this chapter shall comply with the identity verification requirements for the CalWORKs program, as those statutory and regulatory requirements existed on October 1, 2018.

(c)Notwithstanding Sections 11004 and 11004.1 or any other law, overpayments to an assistance unit described in subparagraph (A) of paragraph (2) of

subdivision (a) shall be collected in accordance with subdivision (d) of Section 11461.3.

(d)If an approved relative caregiver with whom a child eligible in accordance with Section 11461.3 is placed is also an applicant for or a recipient of benefits under this chapter, all of the following apply:

(1)The applicant or recipient and each eligible child, excluding any child eligible in accordance with Section 11461.3, shall receive aid in an assistance unit separate from the assistance unit described in subparagraph (A) of paragraph (2) of subdivision (a), and the CalWORKs grant of the assistance unit shall be paid by the county of residence of the assistance unit.

(2)For purposes of calculating the grant of the assistance unit, the number of eligible needy persons on which the grant is based pursuant to paragraph

(1)of subdivision (a) of Section 11450 does not include any child eligible in accordance with Section 11461.3.

(3)For purposes of calculating minimum basic standards of adequate care for the assistance unit, any child eligible in accordance with Section 11461.3 shall be included as an eligible needy person in the same family pursuant to paragraph (2) of subdivision (a) of Section 11452.

§ 11253.5

Repealed (in Sec. 1) and added by Stats. 2017, Ch. 691, Sec. 2. (AB 557) Effective January 1, 2018. Section operative July 1, 2018, by its own provisions.

(a)All children in an assistance unit for whom school attendance is compulsory, except individuals who are eligible for the Cal-Learn Program under Article 3.5 (commencing with Section 11331), for any period during which that article is operative, and children subject to a county school attendance project under Article 2 (commencing with Section 18236) of Chapter 3.3 of Part 6, shall be required to attend school pursuant to subdivision (f).

(b)Applicants for and recipients of aid under this chapter shall be informed of the attendance requirement in subdivision (a) and it shall be included in the recipients’ welfare-to-work plan under Section 11325.21.

(c)A recipient shall

cooperate in providing the county with documentation routinely available from the school or school district of regular attendance of all children described in subdivision (a) in the assistance unit when the county determines it is appropriate, unless there is good cause for the inability to secure that documentation.

(d)If it is determined by the county that any child in the assistance unit is not attending school as required by subdivision (a), the family may be informed of how to enroll the child in a continuation school within the county and may be screened to determine eligibility for family stabilization services pursuant to Section 11325.24 and in accordance with county policy and procedures. If applicable, the county shall document that the family was given this information and was screened for those services. The needs of a child in the assistance unit who is 16 years of age or older shall not be considered in computing the grant of

the family under Section 11450 for any month in which the county is informed by a school district or a county school attendance review board that the child did not attend school pursuant to subdivision (f), unless at least one of the following conditions is present:

(1)The county is provided with evidence that the child’s attendance records are not available.

(2)The county is provided with evidence that the child has been attending school.

(3)Good cause for school nonparticipation exists at any time during the month. A circumstance that shall constitute good cause includes, but is not limited to, the applicant or recipient is in a domestic violence situation that results in school nonparticipation or the failure to cooperate.

(4)Any member of the

household is eligible to participate in family stabilization pursuant to Section 11325.24.

(5)The county is provided with evidence that the child, parent, or caregiver is complying with requirements imposed by a school attendance review board, the county probation department, or the district attorney pursuant to Section 48263 or 48263.5 of the Education Code.

(6)A member of the household is cooperating with a plan developed by a county child welfare agency.

(e)A child whose needs have not been considered in computing the grant of the family pursuant to this section shall remain eligible for services that may lead to attendance in school.

(f)For the purposes of this section, a child shall be presumed to be attending school unless he or she has been

deemed a chronic truant pursuant to Section 48263.6 of the Education Code.

(g)This section shall become operative on July 1, 2018.

§ 11254

Amended by Stats. 2002, Ch. 1022, Sec. 27. Effective September 28, 2002.

(a)Subject to subdivision (b), in the case of any individual who is under the age of 18 years and has never married, and who is pregnant or has a dependent child in his or her care:

(1)The individual may receive aid under this chapter for the individual and the child, if otherwise eligible, only if the individual and child reside in a place of residence maintained by a parent, legal guardian, or other adult relative of the individual as the parent’s, guardian’s, or adult

relative’s own home, or in another adult-supervised supportive living arrangement.

(2)The aid, where possible, shall be provided to the parent, legal guardian, or other adult relative on behalf of the individual.

(b)Subdivision (a) does not apply in any of the following circumstances:

(1)The individual has no parent or legal guardian of his or her own who is living or whose whereabouts are known.

(2)No living parent or legal guardian of the individual allows the individual to live in the home of the parent or guardian.

(3)It is determined by the child protective services worker that the physical or emotional health or safety of the individual or child would be jeopardized if the

individual and child lived in the same residence with the individual’s own parent, legal guardian or other adult relative.

(4)The individual lived apart from his or her parent or legal guardian for a period of at least one year before either the birth of any such child or the individual having made application for aid under this chapter.

(5)It is determined in accordance with federal regulations that there is good cause for waiving subdivision (a).

§ 11256

Added by Stats. 1965, Ch. 1784.

For the purposes of this chapter only, the ownership of stock in a water company not appurtenant to the land shall be considered real property to the extent of and in the amount necessary to obtain water for agricultural purposes.

§ 11257

Current Version

Amended by Stats. 2019, Ch. 27, Sec. 39. (SB 80) Effective June 27, 2019. Repealed on or after June 1, 2020, as prescribed by its own provisions.

(a)To the extent not inconsistent with Sections 11265.1, 11265.2, 11265.3, and 11004.1, no aid under this chapter shall be granted or paid for any child who has real or personal property, the combined market value reduced by any obligations or debts with respect to this property of which exceeds one thousand dollars ($1,000), or for any child or children in one family who have, or whose parents have, or the child or children and parents have, real and personal property the combined market value reduced by any obligations or debts with respect to this property which exceeds one thousand dollars ($1,000).

For purposes of this subdivision, real and personal property shall be considered both when actually available and when the applicant or recipient

has a legal interest in a liquidated sum and has the legal ability to make that sum available for support and maintenance.

(b)Notwithstanding subdivision (a) above, an applicant or recipient may retain the following:

(1)Personal or real property owned by him or her, or in combination with any other person, without reference to its value, if it serves to provide the applicant or recipient with a home. If the basic home is a unit in a multiple dwelling, then only that unit shall be exempt.

For the purposes of paragraph (1), if an applicant has entered into a marital separation for the purpose of trial or legal separation or dissolution, real property which was the usual home of the applicant shall be exempt for three months following the end of the month in which aid begins. If the recipient was receiving aid when the marital separation

occurred, the period of exemption shall be three months following the end of the month in which the separation occurs. To remain exempt following this three-month period, the home must be occupied by the recipient, or be unavailable for use, control, and possession due to legal proceedings affecting a property settlement or sale of the property.

(2)Personal property consisting of one automobile with maximum equity value as permitted by federal law.

(3)In addition to the foregoing, the director may at his or her discretion, and to the extent permitted by federal law, exempt other items of personal property not exempted under this section.

(c)This section shall become inoperative on June 1, 2020, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary

automation to implement Section 11257, as added by Section 40 of the act that added this subdivision, whichever date is later, and as of that date is repealed.

Future Version

Added by Stats. 2019, Ch. 27, Sec. 40. (SB 80) Effective June 27, 2019. Section operative on or after June 1, 2020, as prescribed by its own provisions.

(a)(1) (A) To the extent not inconsistent with Sections 11265.1, 11265.2, 11265.3, and 11004.1, aid under this chapter shall not be granted or paid for any child who has real or personal property, the combined market value reduced by any obligations or debts with respect to this property of which exceeds ten thousand dollars ($10,000), or for any child or children in one family who have, or whose parents have, or the child or children and parents have, real and personal property the combined market value reduced by any obligations or debts with respect to this property which exceeds ten thousand dollars ($10,000).

(B) Effective July 1, 2020, or the date that automation changes occur, as required for

implementation, in the Statewide Automated Welfare System, whichever date is later, and annually thereafter, the resources threshold described in subparagraph (A) shall be increased on January 1 of each subsequent year by an amount equal to the increase in the California Necessities Index for the most recent fiscal year.

(2)For purposes of this subdivision, real and personal property shall be considered both when actually available and when the applicant or recipient has a legal interest in a liquidated sum and has the legal ability to make that sum available for support and maintenance.

(b)Notwithstanding subdivision (a), an applicant or recipient may retain the following:

(1)(A) Personal or real property owned by the applicant or recipient, or in combination with any other person, without

reference to its value, if it serves to provide the applicant or recipient with a home. If the basic home is a unit in a multiple dwelling, then only that unit shall be exempt.

(B)For the purposes of subparagraph (A), if an applicant has entered into a marital separation for the purpose of trial or legal separation or dissolution, real property that was the usual home of the applicant shall be exempt for three months following the end of the month in which aid begins. If the recipient was receiving aid when the marital separation occurred, the period of exemption shall be three months following the end of the month in which the separation occurred. To remain exempt following this three-month period, the home must be occupied by the recipient, or be unavailable for use, control, and possession due to legal proceedings affecting a property settlement or sale of the property.

(2)Motor vehicles, subject to the methods of calculation and limitations of subdivision (c) of Section 11155.

(3)In addition to the foregoing, the director may, at the director’s discretion, and to the extent permitted by federal law, exempt other items of personal property not exempted under this section.

(c)This section shall become operative on June 1, 2020, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.

§ 11257.5

Amended by Stats. 1986, Ch. 1402, Sec. 6.

Notwithstanding the property limitations in subdivision (a) of Section 11257, a family may retain, for nine months, real property if the family is making a good faith effort to sell the real property. However, any aid payable to the family for the nine-month period shall be conditioned upon the sale. At the time of the sale any aid payments made during the nine-month period shall be considered overpayments to the extent they would not have been made had the sale occurred at the beginning of the nine-month period. Notwithstanding Section 11004 overpayments shall be recouped from the proceeds of the sale. If the real property has not been sold at the end of

the nine-month period, the family shall be ineligible for aid if the combined net value of the real and personal property owned by the family exceeds the one thousand dollar ($1,000) limitation in Section 11257.

Notwithstanding Section 11007 as a condition to the granting of aid pursuant to this section, the family shall grant the county a lien upon the real property as security for the aid to be paid. The lien shall be used to recoup any overpayments incurred pursuant to this section. Notwithstanding any other provision of law, the lien shall not be enforceable by the sale of the secured property by the county. The lien of the county shall be paid upon the sale of the property.

The department shall define good faith effort in regulation.

§ 11259

Added by Stats. 1965, Ch. 1784.

For the purposes of this chapter, “personal property” shall not include the value of property belonging to an absent parent and not available to the family.

§ 11260

Added by Stats. 1965, Ch. 1784.

A child’s share of any estate, which share has not been distributed and of which he has no present economic use, does not constitute property for the purpose of this chapter.

§ 11262

Added by Stats. 2018, Ch. 485, Sec. 3. (AB 2030) Effective January 1, 2019.

The department shall include questions that enable a recipient to disclose a disability, the need for accommodation due to disability, and any experience of domestic violence, in any amendment or revision adopted on or after January 1, 2019, to the semiannual report form described in Section 11265.1.

§ 11263

Amended by Stats. 1972, Ch. 579.

Except as provided in Sections 11253 and 11455, no person over the age of 18 years is a needy child within the meaning of this chapter.

§ 11263.5

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§ 11264

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§ 11265

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§ 11265.1

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§ 11265.15