Article 7.5 - Family Violence Option: Domestic Violence and Welfare

California Welfare and Institutions Code — §§ 11495-11495.40

Sections (8)

Amended by Stats. 2025, Ch. 386, Sec. 1. (AB 969) Effective January 1, 2026.

It is the intent of the Legislature in enacting this article to maximize protections afforded to survivors of domestic violence, sexual harassment, sexual assault, and stalking through the provisions of this article. By adopting this provision, the Legislature recognizes that some individuals who may need public assistance have been or are victims of abuse, and intends to ensure that applicants and recipients who are past or present victims of abuse are not placed at further risk or unfairly penalized by CalWORKs requirements and procedures. The Legislature intends that, in implementing this article,

program requirements not be created or applied in such a way as to encourage a victim to remain with the person committing the abuse.

§ 11495.1

Amended by Stats. 2025, Ch. 386, Sec. 2. (AB 969) Effective January 1, 2026.

(a)The department shall align CalWORKs with, and not be more restrictive than, the federal family violence option pursuant to

Section 402(a)(7)

of the federal Social Security Act (42 U.S.C. Sec. 602(a)(7)), and the requirements concerning survivors of abuse pursuant to Section 402(a)(8) of the federal Social Security Act (42 U.S.C. Sec. 602(a)(8)), and shall, to the fullest extent permitted, maximize protections afforded to survivors of abuse.

(b)On or before January 1, 2027, the department shall develop protocols on handling cases in which applicants and 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 program requirements, on a case-by-case basis, for so long as necessary, in accordance with Section

11495.15, as added by the act that added subdivision (e). Requirements that shall be waived, if eligible, include, but are not limited to, time limits on receipt of assistance, work requirements, educational requirements, paternity establishment and child support cooperation requirements.

(4)Issue an adequate written notice of action to each applicant or recipient of the determination about whether a waiver will be issued, and if a waiver is denied, the specific reasons for the denial.

(5)Issue timely and adequate notice of action when discontinuing a waiver that includes the specific

reasons

for termination.

(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.

(e)Notwithstanding the rulemaking provisions of the Administrative

Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific the changes made to this section by the act that added this subdivision by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations.

§ 11495.12

Added by Stats. 1997, Ch. 270, Sec. 155. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.

For purposes of this article, until regulations are adopted pursuant to Section 11495.1, the term “abuse” means battering or subjecting a victim to extreme cruelty by (1) physical acts that resulted in or threatened to result in physical injury, (2) sexual abuse, (3) sexual activity involving a child in the home, (4) being forced to participate in nonconsensual sexual acts or activities, (5) threats of, or attempts at, physical or sexual abuse, (6) mental abuse, (7) neglect or deprivation of medical care, or (8) stalking.

§ 11495.15

Current Version

Amended by Stats. 2025, Ch. 386, Sec. 3. (AB 969) Effective January 1, 2026. Conditionally inoperative on or after January 1, 2028, as prescribed by its own provisions. Repealed as of January 1 following the inoperative date. See later operative version added by Sec. 4 of Stats. 2025, Ch. 386.

(a)A county shall 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.

(b)This section

shall be inoperative on January 1, 2028, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement Section 11495.15, as added by the act that added this subdivision, whichever date is later, and as of January 1 of the following year, is repealed.

Future Version

Repealed (in Sec. 3) and added by Stats. 2025, Ch. 386, Sec. 4. (AB 969) Effective January 1, 2026. Conditionally operative on or after January 1, 2028, as prescribed by its own provisions.

(a)(1) A county shall waive, on a case-by-case basis, a program requirement for an applicant or recipient who has been identified as a past or present victim of domestic abuse for good cause, as provided in this section.

(2)A county shall find good cause for a waiver under this article, and shall issue a waiver, when compliance with the program requirement would make it more difficult for an applicant or recipient, or their children, to escape abuse or to stay safe after escaping abuse, or that it would be detrimental or unfairly penalize those applicants or recipients who are or have been victimized by abuse or who are at risk of further

domestic abuse.

(3)A county shall not deny a waiver absent

a documented determination that an applicant or recipient could comply with the program requirement without that requirement making it more difficult for them, or their children, to escape abuse, or that the requirement would not be detrimental or unfairly penalize them. The recipient’s attestation regarding the impact of compliance with the program rule shall be sufficient to issue a waiver unless the county determines the statement is not credible because of the recipient’s contradictory statements or other supporting documentation.

(4)The department, in conjunction with counties, advocates, and current or former recipient survivors, shall develop statewide standards for determining when there is good cause to issue a waiver.

(b)When reviewing waiver

eligibility, a county shall not consider participation hours in domestic violence, mental health, or substance disorder services that contribute to the individual meeting any required participation hours as a basis for denying a waiver. In no event shall a county deny a waiver because a survivor does not receive or participate in services from a victim service provider. A county shall not discontinue a waiver on the basis that a survivor chooses to voluntarily participate in welfare-to-work activities.

(c)A county shall reevaluate a waiver every six months. A county may reevaluate a waiver more frequently based upon the recipient’s report of changed circumstances.

(d)A county shall notify each applicant or recipient about whether a waiver will be issued, and if a waiver is

denied, the specific reasons for the denial. The county shall provide an adequate written notice of action regarding the waiver request by the time of application approval. A county shall not take any adverse action against a recipient for noncompliance with a program requirement while a waiver request is pending for that program requirement.

(e)A county shall notify each recipient if a waiver will be terminated and the reasons for the termination. The county shall provide a written timely and adequate notice of action of the termination.

(f)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret,

or make specific this section by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations.

(g)This section shall become operative on January 1, 2028, 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.

§ 11495.16

Current Version

Amended by Stats. 2025, Ch. 386, Sec. 5. (AB 969) Effective January 1, 2026. Conditionally inoperative on or after January 1, 2028, as prescribed by its own provisions. Repealed as of January 1 following the inoperative date. See later operative version added by Sec. 6 of Stats. 2025, Ch. 386.

(a)All CalWORKs applicants and recipients shall be informed verbally and in writing, and to the extent required by law, in the language understood by the applicant or recipient, of the availability of services designed to assist individuals to identify, escape, or stop future domestic abuse as well as to overcome the effects of domestic abuse.

(b)This section shall be inoperative on January 1, 2028, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement Section 11495.15, as added by

the act that added this subdivision, whichever date is later, and as of January 1 of the following year, is repealed.

Future Version

Repealed (in Sec. 5) and added by Stats. 2025, Ch. 386, Sec. 6. (AB 969) Effective January 1, 2026. Conditionally operative on or after January 1, 2028, as prescribed by its own provisions.

(a)The department, in consultation with stakeholders, including, but not limited to, federally recognized state domestic violence and sexual assault coalitions, other domestic abuse, sexual assault, and sexual harassment advocates, and public benefits advocates, shall develop both of the following:

(1)A uniform set of written materials to be used statewide that addresses all relevant information and necessary requirements designed to assist individuals to identify, escape, or stop future abuse, overcome the effects of abuse, and make informed decisions. The statewide information may be provided in one document and shall include all of the following

information:

(A)Available domestic abuse, stalking, sexual assault, and sexual harassment resources and victim service providers.

(B)How the information of an applicant or recipient abuse survivor is kept confidential and when the county human services agency is legally required to disclose that information.

(C)Information on the availability of program waivers, including a specific list of program requirements that may be waived, other program requirements not listed that may be waived,

the option to waive other program requirements not listed, how to request a waiver, and a waiver request form, as described in paragraph (2).

(D)Information about safety planning, including the process of identifying risks, mapping out resources, and assessing options to increase survivor safety developed by specialized workers in partnership with the abuse survivor.

(E)How the county will tailor a recipient survivor’s welfare-to-work plan and CalWORKs support services to meet their needs.

(F)Information on CalWORKs eligibility for noncitizen abuse survivors, exceptions to immigrant sponsor deeming requirements, and information on applying for legal status for noncitizen abuse survivors.

(2)A standardized waiver request form that allows an applicant or recipient to identify the specific program requirements that they need waived. The form shall include a list of program requirements that may be waived, the ability to request a waiver of a requirement that may not be specifically listed, and a way for an applicant or recipient to indicate whether they are seeking a waiver for a retroactive period of time.

(b)A county shall safely and confidentially verbally inform of, and provide, in the preferred language identified by the applicant or recipient to the extent required by law, the written materials and standardized waiver request form described in subdivision (a) to each applicant and recipient. Each county shall supplement the written materials described in

subdivision (a) with the name and contact information for local service providers, local policies, and local resources.

(c)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations.

(d)This section shall become operative on January 1, 2028, 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.

§ 11495.17

Amended by Stats. 2025, Ch. 386, Sec. 7. (AB 969) Effective January 1, 2026.

During the annual budget process, the department shall update the Legislature at hearings regarding the number of CalWORKs recipients, aggregated by county, who have been identified as potential victims of domestic abuse during the online CalWORKs appraisal process, and the number of CalWORKs recipients who have been identified as survivors of nondomestic stalking, sexual abuse, and sexual harassment. The report shall also include a summary of actions taken by the department to address the specific and unique needs of survivors of abuse.

§ 11495.25

Amended by Stats. 2006, Ch. 538, Sec. 703. Effective January 1, 2007.

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.

§ 11495.40

Added by Stats. 1997, Ch. 270, Sec. 155. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.

The department shall adopt a model curriculum for domestic violence and sexual abuse prevention training, based on the statewide protocol, in consultation with the task force identified in Section 11495.1. County welfare agencies shall determine which staff will be trained.