SECTIONS 11100-11105 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 11100-11105

11100. For the purposes of the provisions of this code relating to
public assistance, the continued absence of a recipient of public
assistance from this state for a period of 60 days or longer shall be
prima facie evidence of the intent of the recipient to have changed
his or her residence to a place outside this state. The county
granting the public assistance shall make inquiry from all recipients
who have been continuously absent from this state for a period of 30
days, with the next assistance payment, so as to determine their
intent to remain residents of California or to become residents of
another state, and shall redetermine the residence of those persons.
In any case where the inquiry made under this section establishes
that the recipient is no longer a resident of this state, his or her
aid shall be terminated immediately.
If a recipient is prevented by illness or other good cause from
returning to this state at the end of 60 days, and has not by act or
intent established residence elsewhere, residence shall not be deemed
to have been lost in this state.

11100.1. (a) For purposes of the In-Home Supportive Services
program established pursuant to Article 7 (commencing with Section
12300) of Chapter 3, "good cause," as defined in Section 11100, shall
include, but is not limited to, the following:
(1) Outpatient medical treatment necessary to maintain the
recipient's health where the medical treatment is not available in
California.
(2) Short-term schooling or training necessary for the recipient
to obtain self-sufficiency where training which would achieve that
objective is not available or accessible in California.
(3) Court-issued subpoena or summons.
(b) The director shall promulgate regulations for the application
of this section.

11100.5. Notwithstanding Section 11100.1, or any other provision of
law, in-home supportive services provided pursuant to Article 7
(commencing with Section 12300) of Chapter 3 shall be suspended for
any recipient who leaves the state and remains absent from the state
for a period which exceeds six months. In-home supportive services
shall not be resumed until the recipient, upon returning to the
state, requests a reassessment of need from the county welfare
department, and the reassessment has been completed.

11101. When a recipient of public assistance is absent from the
United States for a period in excess of 30 days, his aid shall
thereafter be suspended whenever need cannot be determined for the
ensuing period of his absence from the United States. No person shall
be considered absent from the United States in accordance with this
section if he is residing in any of the states, territories,
possessions or other districts eligible to receive grants-in-aid from
the federal government under the Social Security Act.

11102. County residence is not a qualification for aid under any
public assistance program.
County responsibility for making aid payments is determined as
follows:
(a) The county where the applicant lives shall accept the
application and shall be responsible for paying the aid.
(b) Responsibility for payment of aid to any person qualifying for
and receiving aid from any county, who moves to another county in
this state to make his home, shall be transferred to the second
county as soon as administratively possible, but not later than the
first day of the month following 30 days after notification to the
second county.
For purposes of public assistance the county in which an applicant
or recipient lives is:
(1) For a patient in a state hospital or institution, voluntary,
nonprofit, or proprietary facility or other public or private
institution, the county from which he was admitted.
(2) For a person who has had to leave the county in which he
normally lives, solely for the purpose of securing care not otherwise
available to him in a medical facility, the county in which he last
maintained a living arrangement outside a medical facility.
(3) For a person who on or after July 1, 1969, has been released
or discharged from a state hospital, for a period not to exceed three
years from the date of such release, the county from which he was
admitted to the hospital.
(4) For a person who prior to July 1, 1969, has been released on
leave of absence from a state hospital, the county from which he was
admitted.

11104. Aliens shall be eligible for aid only to the extent
permitted by federal law.
An alien shall only be eligible for aid if the alien has been
lawfully admitted for permanent residence, or is otherwise
permanently residing in the United States under color of law. No aid
shall be paid unless evidence as to eligible alien status is
presented.

11104.1. The State Department of Social Services and the State
Department of Health Services shall not take any compliance,
disallowance, penalty, or other regulatory action against a county,
as long as the United States Department of Health and Human Services
has not taken any compliance, disallowance, penalty, or other action
against the state, with respect to any error in the county's
determination to make an individual eligible for benefits under the
Aid to Families with Dependent Children, Food Stamps, and Medi-Cal
programs based on citizenship or immigration status, under any of the
following circumstances:
(a) The county has determined the eligibility based on a
verification of satisfactory immigration status by the Immigration
and Naturalization Service.
(b) The county was required by federal law to provide the
applicant or recipient a reasonable opportunity to submit
documentation.
(c) The county was required by federal law to wait for the
response of the Immigration and Naturalization Service to the county'
s request for official verification of the immigration status of the
individual.
(d) A fair hearing process was required pursuant to federal law.

11105. (a) No person shall be granted aid under this part unless he
is a resident of this state.
(b) Where a recipient of aid under Chapter 2 (commencing with
Section 11200) receives an aid payment at an address outside of this
state for two consecutive months, the recipient's eligibility shall
be terminated where the county has made inquiry of the recipient
pursuant to Section 11100, and where the recipient has not responded
to this inquiry by clearly showing that he or she has (1) not
established residence elsewhere; and (2) been prevented by illness or
other good cause from returning to this state.
(c) If a recipient whose aid is terminated pursuant to subdivision
(b) reapplies for aid, payments shall be restored provided all other
eligibility criteria are met if this individual can prove both of
the following:
(1) His or her permanent residence is in this state.
(2) That residence has not been established in any other state
which can be considered to be of a permanent nature.
(d) Nothing in this section shall be construed as limiting Aid to
Families with Dependent Children-Foster Care payments to children
placed out of state by California children's placement agencies.