SECTIONS 17100-17111 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 17100-17111

17100. Except as otherwise provided in this chapter, a person, in
order to be entitled to aid, shall be a resident of the state and of
the county wherein application is made.

17101. The residence is the place where one remains when not called
elsewhere for labor or other special or temporary purpose, and to
which he returns in seasons of repose.

17102. The residence of an unmarried minor child is the residence
of the parent or parents with whom a child maintains his or her place
of abode or of the parent who has the legal custody of the minor.
The residence of an orphan is that of the last deceased person who
had his or her legal custody.
The residence of a dependent child who has been declared free from
the custody and control of his or her parent or parents, by order of
the juvenile court, is not changed by change of the residence of the
parent or parents.
The provisions of this section apply to the extent not in conflict
with federal law.

17103. Neither the domicile nor residence of a spouse shall be
deemed to be the domicile or residence of the other spouse, and each
spouse shall establish his or her own domicile or residence dependent
upon proof of the fact and not upon legal presumptions.

17104. A refugee who is eligible for, and is required to
participate in, an alternative project implemented pursuant to
Section 412(e)(7) of the federal Immigration and Nationality Act
(Section 1522(e)(7) of Title 8 of the United States Code), shall not
be eligible for benefits under this part. This section shall apply
only when a alternative project uses a payment level for project
participants that is substantially equal to the payment level in
effect for persons receiving aid under this part, with respect to
both cash and in-kind payments, and if the assistance provided to the
alternative project participant is considered a grant rather than a
loan.

17105. A person who is a resident of California within the meaning
of this chapter is a lawful resident of the county wherein he applies
for aid, if he has resided therein continuously for one year
immediately preceding his application for assistance. If the
applicant has no such residence, the county wherein he last resided
continuously for one year immediately preceding his application shall
be responsible for his support. If the applicant has no such year's
residence within three years preceding application, that county shall
be responsible for his support wherein he was present for the
longest time during the three-year period. Time spent in a public
institution or on parole therefrom or in a private charitable
institution shall not in any case be counted in determining the
matter of county residence.

17106. The eligibility of an indigent or needy person to receive
surplus food under any program supported or sponsored by the federal
government shall not be limited by any provision in this chapter, nor
shall any county, by ordinance or otherwise, limit the eligibility
of such persons to receive such food by the imposition of residence
requirements, whether or not such food is distributed by a county
agency.

17107. The board of supervisors may establish its own policies with
reference to the amount of property, if any, a person shall be
permitted to have while receiving assistance, to the end that, so far
as it is possible, an applicant for public relief shall be required
to apply his own property to his support.

17108. The policies established under Section 17107 shall not deny
needed care in a county hospital or contract hospital, as defined in
Section 14057.5 of this code, to any person who meets the eligibility
requirements for medical assistance for the aged, and shall not
require the application of any property of such a person to his
support or the taking of any lien upon that property.

17109. As a condition to the grant or continuation of aid to an
indigent, the board of supervisors may require, as security for the
moneys so expended, that the applicant transfer or grant to it such
property or interest in property as the applicant has, or such
portion thereof or estate therein or lien thereon as the board
specifies. Such property shall be managed by the board of supervisors
and the net income thereof shall be applied to the reimbursement of
the county for the aid granted, and any surplus in excess of such
reimbursement shall be paid to the indigent. In the case of any
estate, interest, or lien in such property held by the board, or any
right of management transferred thereto, the board shall have all the
powers of an attorney in fact for the indigent as to such estate,
interest, or lien, and may sell, lease, or transfer the same, defend
and prosecute all suits concerning it, pay all just claims against it
and be reimbursed out of the proceeds, and do all things necessary
for the protection, preservation, and management thereof. Any such
estate, interest, or lien shall be held by the board, subject to the
claim of the county for reimbursement for aid granted to the
applicant or for moneys expended in its management, preservation, or
protection, and such reimbursement shall constitute a preferred claim
against such estate, interest, or lien.

17110. Whenever the respective boards of supervisors deem it best
for the welfare of a family or in the public interest that an
indigent remain in a county not responsible for his support, the
county responsible for the support of the indigent may agree to
support him in the county not so responsible; but no indigent
supported in this manner shall be deemed to have acquired a residence
in the nonresponsible county. Such agreement shall be made by the
responsible county with the nonresponsible county, and a record or
copy thereof shall be sent to and filed in the office of the
department.

17111. An applicant or recipient shall be permitted to retain,
without effect on his eligibility for aid or the amount of aid to
which he is otherwise entitled, the tools of his trade necessary to
continue or seek employment and an automobile of reasonable value
needed to seek or maintain employment in order to enable the
applicant or recipient to become self-supporting. The board of
supervisors shall determine what tools of the trade may be retained
as necessary and the reasonable value of an automobile used to seek
or maintain employment.