SECTIONS 11275-11275.50 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 11275-11275.50

11275. (a) Only verification of information necessary to determine
past or present eligibility for or the computation of or delivery of
aid shall be requested from an applicant for or recipient of aid
under this chapter. Additional information necessary for the
administration of the AFDC program may be requested, but the
individual's eligibility for aid shall not be delayed, denied, or
terminated due to his or her inability to provide this information.
(b) Within 10 days from the date of application, the county shall
identify and provide written notice of documents and alternative
documents, if applicable, that may be submitted to verify
eligibility.

11275.05. (a) Whenever a former recipient of aid applies for aid
before the expiration of one year from the effective date of
discontinuance, the county shall examine the existing case file to
determine if the necessary verification is in the possession of the
county if any of the following criteria is present:
(1) The applicant does not have easy access to the verification.
(2) There is a cost associated with obtaining the verification.
(3) The time needed to obtain the verification would delay the
application.
(b) The county shall not be required to examine the existing case
file if it would be unreasonable to expect the file to contain the
needed verification because the circumstance for which the
verification is needed did not exist during the period the applicant
previously received aid.
(c) Notwithstanding the provisions of subdivision (a), whenever a
former recipient of aid applies for aid within the calendar month
following the effective date of a discontinuance, a county shall not
require the former recipient to furnish any documentation previously
provided to the county unless the documentation is absent from the
existing file and the documentation affects eligibility or the amount
of aid.
(d) The retrieval and examination of the file shall be conducted
in a timely manner to ensure the prompt determination of eligibility
for aid.
(e) At the time an applicant described in subdivisions (a) and (c)
is requested to obtain and submit to the county verification of
eligibility, the county shall inform the applicant, in writing, of
the requirements of this section.

11275.10. (a) When an applicant or recipient establishes that he or
she has made a good faith effort to obtain information or
verification from a third party, including any other public agency,
and the third party fails or refuses to provide the information or
verification or seeks to impose a charge or fee for providing the
information to the applicant or recipient, the county shall assist
the applicant or recipient in obtaining the information or
verification from the third party, and when necessary, shall obtain
the document.
(b) If it is necessary to pay a fee imposed by a third party to
obtain the information or verification, the county shall pay that fee
on behalf of the applicant or recipient.
(c) If the county finds that he or she has not made a good faith
effort to obtain the information or verification, it shall document
its reasons for the finding in the client's file.
(d) Any notice requesting verification shall clearly inform
applicants and recipients of the requirements of this section.

11275.15. No application for aid may be denied for failure to
provide verification if the applicant is cooperating in obtaining the
information requested, except as required by Section 11268.

11275.20. (a) If an applicant is denied assistance solely due to
failure to provide verification of eligibility, but subsequently
submits all required verifications within 30 days of the date of the
denial notice, denial shall be rescinded, and if eligibility is
approved, aid shall be granted based on the original application.
(b) The notice of denial of aid for failure to provide
verification of eligibility shall advise the applicant of his or her
right to have the denial rescinded if he or she meets the
requirements of this subdivision.

11275.25. If any provision of this article is in conflict with any
federal statute or regulation, it shall be inapplicable to the extent
of the conflict, but the remainder of the article shall be
unaffected to the extent that no conflict exists.

11275.30. (a) In the event of an initial determination by the
Secretary of Health and Human Services that any provision of this
section is in conflict with any federal statute or regulation, the
department shall take all available and necessary steps to obtain a
final determination reversing that decision.
(b) In the event of a final determination finding a conflict with
federal law, the department shall immediately request the Attorney
General to seek judicial review of the determination and shall
immediately notify the appropriate policy and fiscal committees of
both houses of the Legislature.
(c) (1) If federal funds are withheld based on a determination by
the United States Department of Health and Human Services that any
provision of this article conflicts with federal law, the department
may adopt emergency regulations in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, if necessary to avoid withholding of federal
reimbursement.
(2) The adoption of regulations for that purpose shall be deemed
to be an emergency and necessary for the immediate preservation of
the public peace, health, or safety.
(3) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, emergency
regulations adopted by the department pursuant to this paragraph
shall not be subject to the review and approval of the Office of
Administrative Law, and shall become effective immediately upon
filing with the Secretary of State.
(d) The department shall continue to implement provisions of this
article which are unaffected by the determination.

11275.35. (a) If the determination that all or any provision of
this article conflicts with federal law is reversed, the department
shall reinstate the provision or provisions it had ceased
implementing as a result of the withholding of funds, and may adopt
emergency regulations for that purpose.
(b) The adoption of regulations for purposes of subdivision (a)
shall be deemed to be an emergency and necessary for the immediate
preservation of the public peace, health, or safety.
(c) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, emergency
regulations adopted by the department pursuant to this section shall
not be subject to the review and approval of the Office of
Administrative Law, and shall become effective immediately upon
filing with the Secretary of State.

11275.40. This article applies to all applicants for, and
recipients of, aid under this chapter, regardless of whether federal
financial participation is available for the family.

11275.45. (a) This article shall be applied prospectively only, and
shall apply only with respect to applications for aid made on or
after July 1, 1991.
(b) This section shall not prohibit a county welfare department
from verifying information provided prior to July 1, 1991, in the
administration of this article.

11275.50. The State Department of Social Services shall consult
with the County Welfare Directors Association when developing state
budget estimates on the administrative funds necessary to implement
this article.