§ 11495.15
561 words·~3 min read·
/ca/welfare-and-institutions-code/11495-15A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A county shall waive, on a case-by-case basis, a program requirement for an applicant or recipient who has been identified as a past or present victim of domestic abuse for good cause, as provided in this section.
(2)A county shall find good cause for a waiver under this article, and shall issue a waiver, when compliance with the program requirement would make it more difficult for an applicant or recipient, or their children, to escape abuse or to stay safe after escaping abuse, or that it would be detrimental or unfairly penalize those applicants or recipients who are or have been victimized by abuse or who are at risk of further domestic abuse.
(3)A county shall not deny a waiver absent a documented determination that an applicant or recipient could comply with the program requirement without that requirement making it more difficult for them, or their children, to escape abuse, or that the requirement would not be detrimental or unfairly penalize them. The recipient’s attestation regarding the impact of compliance with the program rule shall be sufficient to issue a waiver unless the county determines the statement is not credible because of the recipient’s contradictory statements or other supporting documentation.
(4)The department, in conjunction with counties, advocates, and current or former recipient survivors, shall develop statewide standards for determining when there is good cause to issue a waiver.
(b)When reviewing waiver eligibility, a county shall not consider participation hours in domestic violence, mental health, or substance disorder services that contribute to the individual meeting any required participation hours as a basis for denying a waiver. In no event shall a county deny a waiver because a survivor does not receive or participate in services from a victim service provider. A county shall not discontinue a waiver on the basis that a survivor chooses to voluntarily participate in welfare-to-work activities.
(c)A county shall reevaluate a waiver every six months. A county may reevaluate a waiver more frequently based upon the recipient’s report of changed circumstances.
(d)A county shall notify each applicant or recipient about whether a waiver will be issued, and if a waiver is denied, the specific reasons for the denial. The county shall provide an adequate written notice of action regarding the waiver request by the time of application approval. A county shall not take any adverse action against a recipient for noncompliance with a program requirement while a waiver request is pending for that program requirement.
(e)A county shall notify each recipient if a waiver will be terminated and the reasons for the termination. The county shall provide a written timely and adequate notice of action of the termination.
(f)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 department may implement, interpret, or make specific this section by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations.
(g)This section shall become operative on January 1, 2028, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.