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CalWORKs Policy - Department of Public Social Services

CalWORKs Policy - Department of Public Social Services

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Can aid be continued if the participant has<br />

been continuously absent for 60 days or<br />

longer?<br />

Aid can be continued if the applicant/participant<br />

has been continuously absent for 60 days or<br />

longer but the following evidence clearly shows:<br />

• He/she has not by act/intent, established<br />

residence outside <strong>of</strong> California; and<br />

• His/her return to California was prevented by<br />

illness or an emergency.<br />

What action is taken when a child’s parent is<br />

under order <strong>of</strong> deportation?<br />

California residence <strong>of</strong> a U. S. citizen child can be<br />

established independently even though the parent<br />

is under order <strong>of</strong> deportation. Inquiries into the<br />

parent’s plans for where the child will reside at<br />

some indefinite time in the future are permissible<br />

only if the parent is under a “final non-appealable”<br />

order <strong>of</strong> deportation. Unless a final nonappealable<br />

order <strong>of</strong> deportation has been issued,<br />

a parent cannot be asked to provide information<br />

regarding his/her future plans for the child once<br />

he/she leaves the country.<br />

Can a participant receive <strong>CalWORKs</strong> if he/she<br />

is temporarily outside <strong>of</strong> the U.S.?<br />

A participant may retain his/her eligibility and<br />

receive <strong>CalWORKs</strong> while temporarily outside <strong>of</strong><br />

the U.S.<br />

When a participant is/will be temporarily absent<br />

from the U.S., the District Director must submit to<br />

the Division Chief, the case record and a memo to<br />

the Bureau Director containing the following<br />

information:<br />

• Reason for the absence from the country;<br />

• Destination and mode <strong>of</strong> travel;<br />

• Length <strong>of</strong> the absence and date <strong>of</strong> return;<br />

• Living plans, to include how the participant<br />

will manage financially;<br />

• Cost <strong>of</strong> the round trip travel arrangements;<br />

• Source <strong>of</strong> travel funds (i.e., gift from a<br />

relative, etc.); and<br />

• A statement concerning the determination <strong>of</strong><br />

continued eligibility.

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