Today's Law As Amended


PDF |Add To My Favorites | print page

AB-944 CalWORKs: sponsored noncitizen: indigence exception.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 11008.135 of the Welfare and Institutions Code is amended to read:

11008.135.
 (a) Notwithstanding any other provision of  law, in determining the eligibility and amount of aid for a person who is not a citizen or national of the United States  noncitizen  under this division, the income and resources of the person noncitizen  shall be deemed to include the income and resources of any person who has executed an affidavit of support on behalf of the person noncitizen  and the spouse of that person person,  as provided in Subtitle C (commencing with Section 421) of Title IV of Public Law 104-193, as amended by Public Law 104-208, and any subsequent amendments thereto, and  subject to any exceptions required allowed  by those provisions, including exceptions for indigents and battered spouses.
(b) As a condition of eligibility, the sponsored applicant or recipient shall provide information regarding the income and resources of any person, and the spouse of that person, who has executed an affidavit of support on behalf of the person who is not a citizen or national of the United States. noncitizen. 
(c) (1) To the extent permitted by federal law, waivers, and directives, a county shall renew the 12-month exception period for additional 12-month periods for a sponsored applicant for, or recipient of, benefits under the California Work Opportunity and Responsibility to Kids (CalWORKs) program (Chapter 2 (commencing with Section 11200) of Part 3) who is deemed to meet the indigence exception specified in Section 1631 of Title 8 of the United States Code.
(2) The department shall commence implementing this subdivision when the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this subdivision.
(d) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement and administer the act that added subdivision (c) through all-county letters or similar instructions until regulations are adopted. The department shall adopt regulations implementing the act that added subdivision (c) no later than 24 months after the release of the all-county letters or similar instructions.
SEC. 2.
 No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act.
SEC. 3.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.