SECTIONS 11050-11063 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 11050-11063

11050. Except as provided in Chapter 3 (commencing with Section
12000) of this part and Section 11403 of this code, applications for
public social services or public assistance by any person, or in
behalf of any person, shall be made to the county department in the
county in which the applicant is living. The application may be made
in writing or reduced to writing upon the standard form prescribed in
regulations of the department and a copy shall be furnished to each
applicant at the time of the application.
The state is responsible for maintaining uniformity in the public
social service programs provided for in Part 3 (commencing with
Section 11000) of this division, and in order to promote and insure
such uniformity, the department shall be responsible for the control
of administering the payment of grants for all aid programs.
The department may contract with any county for the performance of
eligibility and grant determinations for applicants or recipients
within the jurisdiction of the contracting county, or for applicants
or recipients within the jurisdiction of another county which has not
contracted with the department to perform such functions or whose
contract with the department has been terminated or in the absence of
such contract the department may act in the place of the county and
assume direct responsibility for the administration of such
eligibility and grant determinations.
The department shall have the right to terminate any such contract
immediately if the contracting county fails to carry out its
contractual obligations.

11052. Application for aid may be made within 60 days prior to the
date on which the applicant meets the technical requirements for such
aid which have to do with factors other than need.
Application made on behalf of a child deprived of parental support
because of separation or desertion may be made within 60 days prior
to the date on which he will become eligible.
The application shall be promptly investigated and acted upon, but
in no event shall the aid, if granted, begin as of a date prior to
the date on which he meets such requirements.

11052.1. The department shall undertake activities designed to
facilitate the dissemination of information to applicants for, and
recipients of, aid under Chapter 2 (commencing with Section 11200)
regarding work incentive provisions in existing law, in order to
ensure that clients are aware of these provisions and their effect.
These activities shall include all of the following:
(a) Developing state materials to accomplish this purpose and
distributing the materials to county welfare departments for
dissemination to clients as part of the regular intake and
redetermination process.
(b) Modifying the current rights and responsibilities portion of
the application process to include positive information about work.
(c) Developing other options to facilitate county administrative
activities designed to encourage AFDC clients to work, such as
including in the regular intake and redetermination process an oral
or video presentation regarding work incentives, and using
specialized staff, such as Greater Avenues for Independence Program
(GAIN) employment counselors, to provide work-related counseling and
information.

11052.5. No applicant shall be granted public assistance under
Chapters 2 (commencing with Section 11200) and 5 (commencing with
Section 13000) of this part until he or she is first personally
interviewed by the office of the county department or state staff for
patients in state hospitals. The personal interview shall be
conducted promptly following the application for assistance. If an
applicant is incapable of acting in his or her own behalf, the county
department shall verify this fact by personal contact with the
applicant before aid is authorized. As used in this section, the term
public assistance does not include health care as provided by
Chapter 7 (commencing with Section 14000).
The interview conducted pursuant to this section shall occur
within seven days after the time of application unless there are
extenuating circumstances that justify further delay.

11052.6. (a) Notwithstanding any other provision of law, the
requirements of Section 11052.5 shall not apply to any caretaker
relative when all of the following apply:
(1) He or she is an approved relative pursuant to subdivision (d)
of Section 309 caring for a child who is a dependent child of the
court, and is receiving benefits under the CalWORKs program on behalf
of the child.
(2) The caretaker relative is changing residence from one county
to another county and is applying for benefits in the new county on
behalf of one or more related children who are current recipients of
benefits under the CalWORKS Program under Chapter 2 (commencing with
Section 11200) of Part 3.
(3) The caretaker relative is not an applicant for or a recipient
of benefits under the CalWORKS Program.
(b) If the caretaker relative subsequently applies for benefits
under the CalWORKS Program, he or she shall be subject to the
requirements of Section 11052.5 that are applicable to that program.
(c) The county CalWORKs program shall verify that the individual
applying for benefits meets the criteria set forth in this section.

11053. It shall be the responsibility of a recipient changing
residence from one county to another within the state to promptly
notify the county paying aid to the recipient of the move and to
apply for a redetermination of eligibility within the new county of
residence. The first county shall notify the second county of the
recipient's move as soon as the recipient's location in the second
county is known. The county to which the recipient has moved will be
responsible for determining the recipient's continued eligibility for
payment of aid and, to the extent possible, as determined by the
Director of Health Services, eligibility for the Medi-Cal program, as
of the first day of the month following 30 days after the first
county has notified the second county of the recipient's relocation.
The first county shall provide the second county with copies of those
documents, as specified by the department, necessary to establish
current eligibility and grant amount.

11053.2. (a) Notwithstanding any other law, the department shall
establish a process of intercounty transfer of eligibility for food
stamp benefits provided under Chapter 10 (commencing with Section
18900) of Part 6 when a recipient changes residence from one county
to another within the state. The intercounty transfer process shall
facilitate a recipient's move from one county to another without a
break in benefits and without requiring a new application to be
submitted to the new county of residence.
(b) (1) For food stamp recipients who are receiving CalWORKs
benefits pursuant to Chapter 2 (commencing with Section 11200), the
intercounty transfer process utilized for CalWORKs shall be used.
(2) For food stamp recipients who are receiving Medi-Cal benefits
pursuant to Chapter 7 (commencing with Section 14000), but are not
receiving CalWORKs benefits pursuant to Chapter 2 (commencing with
Section 11200), the intercounty transfer process utilized for the
Medi-Cal program shall be used.
(3) This subdivision shall be implemented no later than April 1,
2011.
(c) For food stamp recipients who are not receiving CalWORKs or
Medi-Cal benefits as described in paragraphs (1) and (2) of
subdivision (b), an intercounty transfer process shall be developed,
in consultation with representatives of county human services
departments and advocates for recipients. To the greatest extent
possible, the process shall be simple, client friendly, ensure the
client does not need to provide copies of documents that were
previously provided to the prior county of residence, build on
existing processes for the programs described in paragraphs (1) and
(2) of subdivision (b), and minimize workload for county eligibility
operations. The process developed pursuant to this subdivision shall
be implemented no later than July 1, 2011.
(d) Upon the implementation of the intercounty transfer procedures
set forth in this section, it shall be the responsibility of a
recipient changing residence from one county to another within the
state to notify his or her prior county of residence of his or her
move. The prior county of residence shall notify the new county of
the recipient's move as soon as the recipient's location in the new
county is known. The new county of residence shall be responsible for
determining the recipient's continued eligibility for payment of
food stamp benefits. To the extent permitted by federal law, the new
county of residence shall not be required to interview persons in the
food stamp household to determine continued eligibility until the
next scheduled recertification or other regularly scheduled
interview.
(e) Notwithstanding 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 this section
through all-county letters, or similar instructions from the director
no later than April 1, 2011, with respect to subdivision (b), and no
later than July 1, 2011, with respect to subdivision (c).
(f) The department shall adopt regulations as otherwise necessary
to implement this section no later than July 1, 2012. Emergency
regulations adopted for implementation of this section may be adopted
by the director 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 adoption of emergency
regulations shall be deemed to be an emergency and necessary for
immediate preservation of the public peace, health and safety, or
general welfare. The emergency regulations shall be exempt from
review by the Office of Administrative Law. The emergency regulations
authorized by this section shall be submitted to the Office of
Administrative Law for filing with the Secretary of State and shall
remain in effect for no more than 180 days.

11054. Each applicant shall be required before approval of
assistance or services to file an affirmation setting forth his
belief that he meets the specific conditions of eligibility. Such
statements shall be on forms prescribed by the department and, in the
case of applicants for aid to families with dependent children,
shall contain a written declaration that the affirmation is made
under penalty of perjury. Any person signing a statement containing
such declaration, who willfully and knowingly with intent to deceive
states as true any material matter which he knows to be false, is
subject to the penalty prescribed for perjury in the Penal Code.
Whenever the applicant himself is incapable of completing the
required affirmation, and no guardian or conservator of his estate
has been appointed, the affirmation may be completed on his behalf by
a relative or close personal friend or a representative of a public
agency who has all necessary knowledge regarding the applicant's
circumstances and is willing to affirm thereto. A copy of the
affirmation shall be furnished to the applicant or other person
completing it at the time it is filed. Such other person completing
an affirmation who willfully and knowingly with intent to deceive
states as true any material matter which he knows to be false is
subject to the penalty prescribed for perjury in the Penal Code.
A county department may also require like statements to be
completed prior to approving restoration of aid as provided by
Section 11051, and may require new statements at any time for
purposes of continuing assistance.

11055. The county shall promptly investigate all applications for
public assistance as prescribed by the regulations of the department.

11055.5. (a) In the administration of the Aid to Families with
Dependent Children program, counties may conduct an early fraud
prevention and detection program pursuant to this section.
(b) Funding for an early fraud prevention and detection program
pursuant to Section 15204.6 shall not be made to a county if the
department determines that an early fraud prevention and detection
program would not be cost-effective in that county.
(c) Funding for an early fraud prevention and detection program
pursuant to Section 15204.6 shall not be available to a county until
its operating plan for a program is approved by the department. No
operating plan shall be approved by the department unless the plan
contains assurances that the county will comply with the conditions
specified in subdivision (d).
(d) Each county which operates an early fraud prevention and
detection program shall be subject to all of the following
conditions:
(1) No intimidation of applicants or recipients shall occur,
either by referral or threat of referral for a fraud investigation.
(2) Applicants shall not be referred for a fraud investigation
until after they have completed and signed the application for aid.
(3) The referral and investigation shall not delay the receipt of
aid, including immediate need payments, for eligible applicants and
recipients.
(4) Uniformed investigators shall not be used by any county
welfare department for its fraud prevention program.
(5) The county welfare department shall abide by the
confidentiality requirements in Section 10850 and the requirements
and protections in the California Right to Financial Privacy Act
under Chapter 20 (commencing with Section 7460) of Division 7 of
Title 1 of the Government Code.
(6) The county shall make a referral for welfare fraud
investigation when there is reason to believe that a person, on
behalf of himself or herself or others, has done any of the
following:
(A) Knowingly, and with intent to deceive or defraud, made a false
statement or representation to obtain benefits, to obtain a
continuance or increase of benefits, or to avoid a reduction of
benefits.
(B) Knowingly, and with intent to defraud, failed to disclose a
fact which, if disclosed, could result in a denial, reduction, or
discontinuance of benefits.
(C) Accepted benefits knowing he or she was not entitled to those
benefits, or accepted any amount of benefits knowing the amount of
benefits received was greater than the amount to which he or she was
entitled.
(D) Made any statement which he or she did not know to be true
with reckless disregard of the truth, for the purpose of obtaining,
continuing, or avoiding a reduction or denial of benefits.
(7) The county shall make a referral for fraud investigation when
there are reasonable grounds to believe that fraud, as specified in
paragraph (6), exists. Reasonable grounds exist when one or more of
the following criteria exists:
(A) An overpayment or overissuance of benefits, or both, may
result from an applicant's failure to report information pertinent to
eligibility or benefits.
(B) A questionable situation exists and the applicant or third
party acting on behalf of the applicant will not cooperate in
providing necessary verification of information which would affect
the applicant's eligibility or the amount of benefits for which the
applicant is eligible.
(C) The county welfare program staff person finds conflicting
information which could affect the applicant's eligibility or the
amount of benefits for which the applicant is eligible, and any
further action on the part of that staff person could jeopardize the
investigator's ability to investigate.
(D) The county is made aware of any situation involving the
applicant that could involve embezzlement, collusion, conspiracy,
trafficking, black marketing, or any other general program
violations.
(E) The county is made aware of any situation in which the
applicant may have forged, may have caused the forgery of, or is
using a forgery of, any warrant or authorization to participate which
has been negotiated.
(F) The county welfare program staff person has received an
allegation of fraud with respect to the applicant from any
governmental agency.
(G) The county has received a complaint containing facts which
allege that a crime involving a public social services program,
including, but not limited to, fraud, perjury, trafficking, or
embezzlement, may occur.

11056. (a) If the applicant is determined to be eligible, aid shall
be granted from the date of application if the applicant meets all
eligibility conditions on that date, or from the date on which the
applicant meets all eligibility conditions, whichever is later. In
any event, the beginning date of aid shall comply with federal
requirements for aid programs covered under this section whether or
not federal financial participation in the aid payment is available.
(b) This section shall include, but not be limited to, payments
made under the Aid to Families with Dependent Children-Foster Care
program.

11057. Any recipient who becomes ineligible for aid under the
public assistance program under which he is receiving aid, but
appears to be eligible for aid under another public assistance
program, shall be so informed, and his application for aid under that
other program taken promptly, so that there is no interruption in
warrant payments to the recipient.

11057.5. The State Department of Social Services, after
consultation with the County Welfare Directors Association, shall
determine the times and methods for providing information regarding
the At Risk Child Care Program established pursuant to Article 15.5
(commencing with Section 8350) of Chapter 2 of Part 6 of the
Education Code to potentially eligible former Transitional Child Care
recipients (Article 8 (commencing with Section 11500) of Chapter 2
of Part 3 of the Welfare and Institutions Code), and former aid to
families with dependent children recipients.

11061. The board of supervisors of each county shall file with the
department a record of the action of such county in granting or
refusing to grant aid to the potentially self-supporting blind to
each applicant for such aid.

11062. The sworn statements, affidavits or affirmations of each
applicant or recipient of aid under Chapter 5 of this part, shall be
presumed to be true, except with respect to degree of blindness. This
section shall not be interpreted to preclude a full and complete
investigation by the agency administering aid to the blind.

11063. The provisions of this article do not apply to recipients
under Chapter 3 (commencing with Section 12000) of this part, unless
otherwise expressly indicated.