SECTIONS 18930-18935 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 18930-18935

18930. (a) The State Department of Social Services shall establish
a Food Assistance Program to provide assistance for those persons
described in subdivision (b). The department shall enter into an
agreement with the United States Department of Agriculture to use the
existing federal Food Stamp Program coupons for the purposes of
administering this program. Persons who are members of a household
receiving food stamp benefits under this chapter or under Chapter 10
(commencing with Section 18900), and are receiving CalWORKs benefits
under Chapter 2 (commencing with Section 11200) of Part 3 on
September 1, 1998, shall have eligibility determined under this
chapter without need for a new application no later than November 1,
1998, and the beginning date of assistance under this chapter for
those persons shall be September 1, 1998.
(b) (1) Except as provided in paragraphs (2), (3), and (4) and
Section 18930.5, noncitizens of the United States shall be eligible
for the program established pursuant to subdivision (a) if the person'
s immigration status meets the eligibility criteria of the federal
Food Stamp Program in effect on August 21, 1996, but he or she is not
eligible for federal food stamp benefits solely due to his or her
immigration status under Public Law 104-193 and any subsequent
amendments thereto.
(2) Noncitizens of the United States shall be eligible for the
program established pursuant to subdivision (a) if the person is a
battered immigrant spouse or child or the parent or child of the
battered immigrant, as described in Section 1641(c) of Title 8 of the
United States Code, as amended by Section 5571 of Public Law 105-33,
or if the person is a Cuban or Haitian entrant as described in
Section 501(e) of the federal Refugee Education Assistance Act of
1980 (Public Law 96-122).
(3) An applicant who is otherwise eligible for the program but who
entered the United States on or after August 22, 1996, shall be
eligible for aid under this chapter only if he or she is sponsored
and one of the following apply:
(A) The sponsor has died.
(B) The sponsor is disabled as defined in subparagraph (A) of
paragraph (3) of subdivision (b) of Section 11320.3.
(C) The applicant, after entry into the United States, is a victim
of abuse by the sponsor or the spouse of the sponsor if the spouse
is living with the sponsor.
(4) An applicant who is otherwise eligible for the program but who
entered the United States on or after August 22, 1996, who does not
meet one of the conditions of paragraph (3), shall be eligible for
aid under this chapter beginning on October 1, 1999.
(5) The applicant shall be required to provide verification that
one of the conditions of subparagraph (A), (B), or (C) have been met.
(6) For purposes of subparagraph (C) of paragraph (2), abuse shall
be defined in the same manner as provided in Section 11495.1 and
Section 11495.12. A sworn statement of abuse by a victim, or the
representative of the victim if the victim is not able to competently
swear, shall be sufficient to establish abuse if one or more
additional items of evidence of abuse is also provided. Additional
evidence may include, but is not limited to, the following:
(A) Police, government agency, or court records or files.
(B) Documentation from a domestic violence program, legal,
clinical, medical, or other professional from whom the applicant or
recipient has sought assistance in dealing with abuse.
(C) A statement from any other individual with knowledge of the
circumstances that provided the basis for the claim.
(D) Physical evidence of abuse.
(7) If the victim cannot provide additional evidence of abuse,
then the sworn statement shall be sufficient if the county makes a
determination documented in writing in the case file that the
applicant is credible.
(c) In counties approved for alternate benefit issuance systems,
that same alternate benefit issuance system shall be approved for the
program established by this chapter.
(d) (1) To the extent allowed by federal law, the income,
resources, and deductible expenses of those persons described in
subdivision (b) shall be excluded when calculating food stamp
benefits under Chapter 10 (commencing with Section 18900).
(2) No household shall receive more food stamp benefits under this
section than it would if no household member was rendered ineligible
pursuant to Title IV of Public Law 104-193 and any subsequent
amendments thereto.
(e) This section shall become operative on September 1, 1998.

18930.5. (a) As a condition of eligibility for assistance under
this chapter:
(1) A recipient who is also receiving aid under Chapter 2
(commencing with Section 11200) of Part 3 shall be required to
satisfactorily participate in welfare-to-work activities in
accordance with the recipient's welfare-to-work plan developed
pursuant to Section 11325.21.
(2) A recipient who is not receiving aid under Chapter 2 shall be
required to meet the federal Food Stamp Program work requirement
specified in Section 6(o) of the Food Stamp Act of 1977 and any
subsequent amendments thereto.
(b) This section shall become operative on September 1, 1998.

18931. Any person who is eligible for federally funded food stamps
shall not be eligible for assistance under this chapter.

18932. (a) Except as otherwise provided in this chapter, the
federal and state laws and regulations governing the federal Food
Stamp Program shall also govern the program provided for under this
chapter.
(b) Federal deeming rules and exemptions governing the federal
Food Stamp Program shall also govern the program provided for under
this chapter, except that for immigrants with affidavits of support
under Section 1183a of Title 8 of the United States Code who do not
meet exemptions from deeming, the period for deeming of a sponsor's
income and resources shall be three years from the date of the
sponsor's execution of the affidavit of support pursuant to Section
1183a of Title 8 of the United States Code.
(c) Notwithstanding any other provision in this chapter,
immigrants who are victims of abuse by their sponsor or sponsor's
spouse shall be exempt from deeming. Abuse shall be defined in the
same manner as provided in Section 11495.1 and Section 11495.12. A
sworn statement of abuse by a victim, or the representative of the
victim if the victim is not able to competently swear, shall be
sufficient to establish abuse if one or more additional items of
evidence of abuse is also provided. Additional evidence may include,
but is not limited to, the following:
(1) Police, government agency, or court records or files.
(2) Documentation from a domestic violence program, or from a
legal, clinical, medical, or other professional from whom the
applicant or recipient has sought assistance in dealing with abuse.
(3) A statement from any other individual with knowledge of the
circumstances that provided the basis for the claim.
(4) Physical evidence of abuse.
(5) If the victim cannot provide additional evidence of abuse,
then the sworn statement shall be sufficient if the county makes a
determination documented in writing in the case file that the
applicant is credible.

18933. Benefits provided under this chapter shall be equivalent to
the benefits provided under the federal Food Stamp Program.

18934. (a) It is the intent of the Legislature to appropriate funds
in the Budget Act for the purpose of providing services under this
chapter.

18935. This chapter shall be implemented only during any period
that federal benefits are provided under Section 1612(a) of Title 8
of the United States Code.