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California Law (Last Updated: March 4, 2014) |
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Welfare and Institutions Code - WIC |
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Division 9. PUBLIC SOCIAL SERVICES |
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Part 3. AID AND MEDICAL ASSISTANCE |
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Chapter 7. Basic Health Care |
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ARTICLE 1. General Provisions |
Section 14007.1.
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(a) The department shall adopt regulations for use by the county welfare department in determining whether an applicant is a resident of this state and of the county subject to the requirements of federal law. The regulations shall require that state residency is not established unless the applicant does both of the following:
(1) The applicant produces one of the following:
(A) A recent California rent or mortgage receipt or utility bill in the applicant's name.
(B) A current California motor vehicle driver's license or California Identification Card issued by the Department of Motor Vehicles in the applicant's name.
(C) A current California motor vehicle registration in the applicant's name.
(D) A document showing that the applicant is employed in this state.
(E) A document showing that the applicant has registered with a public or private employment service in this state.
(F) Evidence that the applicant has enrolled his or her children in a school in this state.
(G) Evidence that the applicant is receiving public assistance in this state.
(H) Evidence of registration to vote in this state.
(2) The applicant declares, under penalty of perjury, that all of the following apply:
(A) The applicant does not own or lease a principal residence outside this state.
(B) The applicant is not receiving public assistance outside this state. As used in this subdivision, "public assistance" does not include unemployment insurance benefits.
(b) A denial of a determination of residency may be appealed in the same manner as any other denial of eligibility. The administrative law judge shall receive any proof of residency offered by the applicant and may inquire into any facts relevant to the question of residency. A determination of residency shall not be granted unless a preponderance of the credible evidence supports the applicant's intent to remain indefinitely in this state.
(c) This section shall remain in effect only until January 1, 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.