SECTIONS 18945 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 18945

18945. (a) Noncitizen victims of trafficking, domestic violence,
and other serious crimes, as defined in subdivision (b), shall be
eligible for public social services under this division, and health
care services under Part 6.2 (commencing with Section 12693) of
Division 2 of the Insurance Code, to the same extent as individuals
who are admitted to the United States as refugees under Section 1157
of Title 8 of the United States Code. These services shall
discontinue if there is a final administrative denial of a visa
application under Section 1101 (a)(15)(T)(i) or (ii), or Section 1101
(a)(15)(U)(i) or (ii), of Title 8 of the United States Code. For
trafficking victims on behalf of whom law enforcement officials have
not yet filed for continued presence or who have not yet filed an
application for a visa, benefits issued pursuant to this subdivision
shall be available for up to one year, and shall continue after that
date only if an application for continued presence, or an application
for a visa, is filed within the one-year period. Benefits and
services under this subdivision shall be paid from state funds to the
extent federal funding is unavailable.
(b) For purposes of this section, victims of trafficking, domestic
violence, and other serious crimes shall be defined to include both
of the following:
(1) Noncitizen victims of a severe form of trafficking in persons,
who have been subjected to an act or practice described in Section
7102 (8) or (9) of Title 22 of the United States Code or Section
236.1 of the Penal Code, and who have filed an I-914 application for
T Nonimmigrant status with the appropriate federal agency, are
preparing to file an application for status under Section 1101 (a)
(15)(T)(i) or (ii) of Title 8 of the United States Code, or otherwise
are taking steps to meet the conditions for federal benefits
eligibility under Section 7105 of Title 22 of the United States Code.
(2) Individuals who have filed a formal application with the
appropriate federal agency for status under Section 1101 (a)(15)(U)
(i) or (ii) of Title 8 of the United States Code.
(c) After one year from the date of application for public social
services, noncitizen victims of a severe form of trafficking, as
defined in paragraph (1) of subdivision (b), shall be ineligible for
state-funded services if a visa application has not been filed until
under Section 1101 (a)(15)(T)(i) or (ii) of Title 8 of the United
States Code.
(d) A noncitizen victim of a severe form of trafficking, as
defined in paragraph (1) of subdivision (b), who is issued a visa
shall be removed from the state-funded program and provided federally
funded public social services benefits under the provisions of
Section 1522 of Title 8 of the United States Code, or another federal
program for which the noncitizen victim may be eligible.
(e) For purposes of this section, Section 13283 and Section
14005.2:
(1) In determining whether an applicant for public social services
has been a victim of a severe form of human trafficking, as defined
in Section 7102 (8) or (9) of Title 22 of the United States Code, or
Section 236.1 of the Penal Code, the state or local agency shall
consider all relevant and credible evidence. A sworn statement by a
victim, or a representative if the victim is not able to competently
swear, shall be sufficient if at least one item of additional
evidence is also provided, including, but not limited to, any of the
following:
(A) Police, government agency, or court records or files.
(B) News articles.
(C) Documentation from a social services, trafficking, or domestic
violence program, or a legal, clinical, medical, or other
professional from whom the applicant or recipient has sought
assistance in dealing with the crime.
(D) A statement from any other individual with knowledge of the
circumstances that provided the basis for the claim.
(E) Physical evidence.
(F) A copy of a completed visa application.
(G) Written notice from the federal agency of receipt of the visa
application.
(2) If the victim cannot provide additional evidence, then the
sworn statement shall be sufficient if the county or state agency
makes a determination documented in the case file that the applicant
is credible.