Code Section Group

Welfare and Institutions Code - WIC

DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.8]

  ( Division 9 added by Stats. 1965, Ch. 1784. )

PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771]

  ( Part 3 added by Stats. 1965, Ch. 1784. )

CHAPTER 1. General Provisions [11000 - 11175]

  ( Chapter 1 added by Stats. 1965, Ch. 1784. )

ARTICLE 3. Residence [11100 - 11105]
  ( Article 3 added by Stats. 1965, Ch. 1784. )

11100.
  

(a) For the purposes of the provisions of this code relating to public assistance, the continued absence of a recipient of public assistance from the state for a period of 60 days or longer shall be prima facie evidence of the intent of the recipient to have changed his or her residence to a place outside the state. The county granting the public assistance shall make inquiry from all recipients who have been continuously absent from the state for a period of 30 days, with the next assistance payment, to determine their intent to remain residents of California or to become residents of another state, and shall redetermine the residence of those persons. When the inquiry made under this section establishes that the recipient is no longer a resident of the state, his or her aid shall be terminated immediately.

(b) If a recipient is prevented by illness, displacement due to a disaster declared by the Governor or the President of the United States, or other good cause from returning to the state at the end of 60 days, and has not by act or intent established residence elsewhere, residence shall not be deemed to have been lost in the state.

(Amended by Stats. 2017, Ch. 501, Sec. 3. (AB 607) Effective January 1, 2018.)

11100.1.
  

(a) For purposes of the In-Home Supportive Services program established pursuant to Article 7 (commencing with Section 12300) of Chapter 3, “good cause,” as defined in Section 11100, shall include, but is not limited to, the following:

(1) Outpatient medical treatment necessary to maintain the recipient’s health where the medical treatment is not available in California.

(2) Short-term schooling or training necessary for the recipient to obtain self-sufficiency where training which would achieve that objective is not available or accessible in California.

(3) Court-issued subpoena or summons.

(b) The director shall promulgate regulations for the application of this section.

(Added by Stats. 1986, Ch. 777, Sec. 1.)

11100.5.
  

Notwithstanding Section 11100.1, or any other provision of law, in-home supportive services provided pursuant to Article 7 (commencing with Section 12300) of Chapter 3 shall be suspended for any recipient who leaves the state and remains absent from the state for a period which exceeds six months. In-home supportive services shall not be resumed until the recipient, upon returning to the state, requests a reassessment of need from the county welfare department, and the reassessment has been completed.

(Added by Stats. 1986, Ch. 777, Sec. 2.)

11101.
  

When a recipient of public assistance is absent from the United States for a period in excess of 30 days, his aid shall thereafter be suspended whenever need cannot be determined for the ensuing period of his absence from the United States. No person shall be considered absent from the United States in accordance with this section if he is residing in any of the states, territories, possessions or other districts eligible to receive grants-in-aid from the federal government under the Social Security Act.

(Added by Stats. 1965, Ch. 1784.)

11102.
  

(a) County residence is not a qualification for aid under any public assistance program.

(b) County responsibility for making aid payments is determined as follows:

(1) The county where the applicant lives shall accept the application and shall be responsible for paying the aid.

(2) Responsibility for payment of aid to a person qualifying for and receiving aid from a county, who moves to another county in this state to make his or her home, shall be transferred to the second county as soon as administratively possible pursuant to the requirements set forth in subdivision (a) of Section 10003.

(c) For purposes of public assistance, the county where an applicant or recipient lives is determined as follows:

(1) For a patient in a state hospital or institution, voluntary, nonprofit, or proprietary facility, or other public or private institution, the county where he or she was admitted.

(2) For a person who has had to leave the county where he or she normally lives, solely for the purpose of securing care not otherwise available to him or her in a medical facility, the county where he or she last maintained a living arrangement outside a medical facility.

(d) This section shall become operative on June 1, 2017.

(Repealed (in Sec. 5) and added by Stats. 2016, Ch. 801, Sec. 6. (SB 1339) Effective January 1, 2017. Section operative June 1, 2017, by its own provisions.)

11104.
  

Aliens shall be eligible for aid only to the extent permitted by federal law.

An alien shall only be eligible for aid if the alien has been lawfully admitted for permanent residence, or is otherwise permanently residing in the United States under color of law. No aid shall be paid unless evidence as to eligible alien status is presented.

(Repealed and added by Stats. 1982, 1st Ex. Sess., Ch. 3, Sec. 8. Effective February 17, 1982.)

11104.1.
  

The State Department of Social Services and the State Department of Health Care Services shall not take any compliance, disallowance, penalty, or other regulatory action against a county, as long as the United States Department of Health and Human Services has not taken any compliance, disallowance, penalty, or other action against the state, with respect to any error in the county’s determination to make an individual eligible for benefits under the Aid to Families with Dependent Children, CalFresh, and Medi-Cal programs based on citizenship or immigration status, under any of the following circumstances:

(a) The county has determined the eligibility based on a verification of satisfactory immigration status by the Immigration and Naturalization Service.

(b) The county was required by federal law to provide the applicant or recipient a reasonable opportunity to submit documentation.

(c) The county was required by federal law to wait for the response of the Immigration and Naturalization Service to the county’s request for official verification of the immigration status of the individual.

(d) A fair hearing process was required pursuant to federal law.

(Amended by Stats. 2011, Ch. 227, Sec. 41. (AB 1400) Effective January 1, 2012.)

11105.
  

(a) No person shall be granted aid under this part unless he or she is a resident of the state.

(b) If a recipient of aid under Chapter 2 (commencing with Section 11200) receives an aid payment at an address outside of the state for two consecutive months, the recipient’s eligibility shall be terminated if the county has inquired with the recipient pursuant to Section 11100, and the recipient has not responded to this inquiry by clearly showing that he or she has (1) not established residence elsewhere and (2) been prevented by illness, displacement due to a disaster declared by the Governor or the President of the United States, or other good cause from returning to the state.

(c) If a recipient whose aid is terminated pursuant to subdivision (b) reapplies for aid, payments shall be restored if all other eligibility criteria are met and if the recipient can prove both of the following:

(1) His or her permanent residence is in the state.

(2) He or she has not established residence in any other state, which can be considered to be of a permanent nature.

(d) Nothing in this section shall be construed as limiting Aid to Families with Dependent Children-Foster Care payments to children placed out of state by California children’s placement agencies.

(Amended by Stats. 2017, Ch. 501, Sec. 4. (AB 607) Effective January 1, 2018.)

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