ARTICLE 7.5. Family Violence Option: Domestic Violence and Welfare [11495. - 11495.40.]

Cal. Welfare and Institutions Code - WIC 7.5.

in effect

Cal. Welfare and Institutions Code - WIC § 11495. Section 11495.

It is the intent of the Legislature in enacting this article to maximize protections afforded to survivors of domestic violence, sexual harassment, sexual assault, and stalking through the provisions of this article. By adopting this provision, the Legislature recognizes that some individuals who may need public assistance have been or are victims of abuse, and intends to ensure that applicants and recipients who are past or present victims of abuse are not placed at further risk or unfairly penalized by CalWORKs requirements and procedures. The Legislature intends that, in implementing this article, program requirements not be created or applied in such a way as to encourage a victim to remain with the person committing the abuse.

Cal. Welfare and Institutions Code - WIC § 11495.1. Section 11495.1.

(a) The department shall align CalWORKs with, and not be more restrictive than, the federal family violence option pursuant to Section 402(a)(7) of the federal Social Security Act (42 U.S.C. Sec. 602(a)(7)), and the requirements concerning survivors of abuse pursuant to Section 402(a)(8) of the federal Social Security Act (42 U.S.C. Sec. 602(a)(8)), and shall, to the fullest extent permitted, maximize protections afforded to survivors of abuse. (b) On or before January 1, 2027, the department shall develop protocols on handling cases in which applicants and recipients are past or present victims of abuse. The protocols shall define domestic abuse, and shall address training standards and curricula, individual case assessments, confidentiality procedures, notice procedures and counseling or other appropriate participation requirements as part of an overall plan to transition from welfare-to-work. The protocol shall specify how counties shall do the following: (1) Identify applicants and recipients of assistance under this chapter who have been or are victims of abuse, including those who self-identify, while protecting confidentiality. (2) Refer these individuals to supportive services. (3) Waive program requirements, on a case-by-case basis, for so long as necessary, in accordance with Section 11495.15, as added by the act that added subdivision (e). Requirements that shall be waived, if eligible, include, but are not limited to, time limits on receipt of assistance, work requirements, educational requirements, paternity establishment and child support cooperation requirements. (4) Issue an adequate written notice of action to each applicant or recipient of the determination about whether a waiver will be issued, and if a waiver is denied, the specific reasons for the denial. (5) Issue timely and adequate notice of action when discontinuing a waiver that includes the specific reasons for termination. (c) Waivers of time limits granted pursuant to this section shall not be implemented if federal statutes or regulations clarify that abuse victims are included in the 20-percent hardship exemptions and that no good cause waivers of the 20-percent limit will be granted to the state for victims of abuse, thereby incurring a penalty to the state. (d) Waivers of the work requirements granted pursuant to this section shall not be implemented if federal statutes or regulations clarify that the state will be penalized for failing to meet work participation requirements due to granting waivers to abuse victims. (e) 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 the changes made to this section by the act that added this subdivision 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.

Cal. Welfare and Institutions Code - WIC § 11495.12. Section 11495.12.

For purposes of this article, until regulations are adopted pursuant to Section 11495.1, the term “abuse” means battering or subjecting a victim to extreme cruelty by (1) physical acts that resulted in or threatened to result in physical injury, (2) sexual abuse, (3) sexual activity involving a child in the home, (4) being forced to participate in nonconsensual sexual acts or activities, (5) threats of, or attempts at, physical or sexual abuse, (6) mental abuse, (7) neglect or deprivation of medical care, or (8) stalking.

Cal. Welfare and Institutions Code - WIC § 11495.15. Section 11495.15.

(a) A county shall waive a program requirement for a recipient who has been identified as a past or present victim of abuse when it has been determined that good cause exists pursuant to paragraph (2) of subdivision (f) of Section 11320.3. Until implementation of the regulations required pursuant to subdivision (b) of Section 11495.1, a county may utilize standards, procedures, and protocols currently available and shall identify them in its county plan. Waivers shall be reevaluated in accordance with other routine periodic reevaluations by the county. (b) This section shall be inoperative on January 1, 2028, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement Section 11495.15, as added by the act that added this subdivision, whichever date is later, and as of January 1 of the following year, is repealed.

Cal. Welfare and Institutions Code - WIC § 11495.16. Section 11495.16.

(a) All CalWORKs applicants and recipients shall be informed verbally and in writing, and to the extent required by law, in the language understood by the applicant or recipient, of the availability of services designed to assist individuals to identify, escape, or stop future domestic abuse as well as to overcome the effects of domestic abuse. (b) This section shall be inoperative on January 1, 2028, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement Section 11495.15, as added by the act that added this subdivision, whichever date is later, and as of January 1 of the following year, is repealed.

Cal. Welfare and Institutions Code - WIC § 11495.17. Section 11495.17.

During the annual budget process, the department shall update the Legislature at hearings regarding the number of CalWORKs recipients, aggregated by county, who have been identified as potential victims of domestic abuse during the online CalWORKs appraisal process, and the number of CalWORKs recipients who have been identified as survivors of nondomestic stalking, sexual abuse, and sexual harassment. The report shall also include a summary of actions taken by the department to address the specific and unique needs of survivors of abuse.

Cal. Welfare and Institutions Code - WIC § 11495.25. Section 11495.25.

Sworn statements by a victim of past or present abuse shall be sufficient to establish abuse unless the agency documents in writing an independent, reasonable basis to find the recipient not credible. Evidence may also include, but is not limited to: police, government agency, or court records or files; documentation from a domestic violence program, legal, clerical, medical or other professional from whom the applicant or recipient has sought assistance in dealing with abuse; or other evidence, such as a statement from any other individual with knowledge of the circumstances that provide the basis for the claim, physical evidence of abuse, or any other evidence that supports the statement.

Cal. Welfare and Institutions Code - WIC § 11495.40. Section 11495.40.

The department shall adopt a model curriculum for domestic violence and sexual abuse prevention training, based on the statewide protocol, in consultation with the task force identified in Section 11495.1. County welfare agencies shall determine which staff will be trained.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026