SECTIONS 11495-11495.40 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 11495-11495.40

11495. It is the intent of the Legislature in enacting this article
to adopt a family violence provision by enacting the federal option
concerning victims of domestic violence provided for in the Temporary
Assistance to Needy Families program pursuant to Section 402(a)(7)
of the Social Security Act (42 U.S.C. Sec. 602(a)(7)). 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 abuser. It is also the intent of the Legislature that
CalWORKs recipients participate in welfare-to-work activities, to
the full extent of their abilities, including participation in
counselling and treatment programs, as appropriate, to enable the
recipient to obtain unsubsidized employment and move towards
self-sufficiency.

11495.1. (a) The department shall convene a task force including,
but not limited to, district attorney domestic violence units, county
departments of social services, the County Welfare Directors
Association of California, the California State Association of
Counties, statewide domestic violence prevention groups, local
domestic violence prevention advocates, and service providers, the
State Department of Health Services, the State Department of Mental
Health, and the Office of Criminal Justice Planning. The department
shall develop, in consultation with the task force, protocols on
handling cases in which 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, on a case-by-case basis, for so long as necessary,
pursuant to a determination of good cause under paragraph (2) of
subdivision (f) of Section 11320.3, any program requirements that
would make it more difficult for these individuals or their children
to escape abuse, and that would be detrimental or unfairly penalize
past or present victims of abuse. Requirements that may be waived
include, but are not limited to, time limits on receipt of
assistance, work requirements, educational requirements, paternity
establishment and child support cooperation requirements.
(b) The department shall issue regulations describing the protocol
identified in subdivision (a) no later than January 1, 1999.
(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.

11495.12. 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. A county may 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.

11495.25. 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. 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.