SECTIONS 10830 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 10830

10830. (a) The department and the Health and Welfare Data Center
shall design, implement, and maintain a statewide fingerprint imaging
system for use in connection with the determination of eligibility
for benefits under the California Work Opportunity and Responsibility
to Kids Act (CalWORKs) program under Chapter 2 (commencing with
Section 11200) of Part 3 excluding Aid to Families with Dependent
Children-Foster Care (AFDC-FC), and the Food Stamp Program under
Chapter 10 (commencing with Section 18900) of Part 6.
(b) (1) Every applicant for, or recipient of, aid under Chapter 2
(commencing with Section 11200) of Part 3, excluding the AFDC-FC
program and Chapter 10 (commencing with Section 18900) of Part 6,
other than dependent children or persons who are physically unable to
be fingerprint imaged, shall, as a condition of eligibility for
assistance, be required to be fingerprint imaged.
(2) A person subject to paragraph (1) shall not be eligible for
the CalWORKs program or the Food Stamp Program until fingerprint
images are provided, except as provided in subdivision (e).
Ineligibility may extend to an entire case of a person who refuses to
provide fingerprint images.
(c) The department may adopt emergency regulations to implement
this section specifying the statewide fingerprint imaging
requirements and exemptions to the requirements in accordance with
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 initial adoption of any emergency regulations implementing
this section, as added during the 1996 portion of the 1995-96
Regular Session, shall be deemed to be an emergency and necessary for
the immediate preservation of the public peace, health and safety,
or general welfare. Emergency regulations adopted pursuant to this
subdivision shall remain in effect for no more than 180 days.
(d) Persons required to be fingerprint imaged pursuant to this
section shall be informed that fingerprint images obtained pursuant
to this section shall be used only for the purpose of verifying
eligibility and preventing multiple enrollments in the CalWORKs
program or the Food Stamp Program. The department, county welfare
agencies, and all others shall not use or disclose the data collected
and maintained for any purpose other than the prevention or
prosecution of fraud. Fingerprint imaging information obtained
pursuant to this section shall be confidential under Section 10850.
(e) (1) Except as provided in paragraph (2), the fingerprint
imaging required under this chapter shall be scheduled only during
the application appointment or other regularly scheduled
appointments. No other special appointment shall be required. No
otherwise eligible individual shall be ineligible to receive benefits
under this chapter due to a technical problem occurring in the
fingerprint imaging system or as long as the person consents to and
is available for fingerprint imaging at a mutually agreed-upon time,
not later than 60 days from the initial attempt to complete
fingerprint imaging.
(2) During the first nine months following implementation,
recipients may be scheduled for separate appointments to complete the
fingerprint imaging required by this section. Notice shall be mailed
first class by the department to recipients at least 10 days prior
to the appointment, and shall include procedures for the recipient to
reschedule the scheduled appointment within 30 days.
(f) If the fingerprint image of an applicant or recipient of aid
to which this section applies matches another fingerprint image on
file, the county shall notify the applicant or recipient. In the
event that a match is appealed, the fingerprint image match shall be
verified by a trained individual and any matching case files reviewed
prior to the denial of benefits. Upon confirmation that the
applicant or recipient is receiving or attempting to receive multiple
CalWORKs program checks, a county fraud investigator shall be
notified.