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California Welfare and Institutions Code Section 11450.04

Legal Research Home > California Laws > Welfare and Institutions Code > California Welfare and Institutions Code Section 11450.04

11450.04.  (a) For purposes of determining the maximum aid payment
specified in subdivision (a) of Section 11450 and for no other
purpose, the number of needy persons in the same family shall not be
increased for any child born into a family that has received aid
under this chapter continuously for the 10 months prior to the birth
of the child. For purposes of this section, aid shall be considered
continuous unless the family does not receive aid during two
consecutive months. This subdivision shall not apply to applicants
for, or recipients of, aid unless notification is provided pursuant
to this section.
   (b) This section shall not apply with respect to any of the
following children:
   (1) Any child who was conceived as a result of an act of rape, as
defined in Sections 261 and 262 of the Penal Code, if the rape was
reported to a law enforcement agency, medical or mental health
professional or social services agency prior to, or within three
months after, the birth of the child.
   (2) Any child who was conceived as a result of an incestuous
relationship if the relationship was reported to a medical or mental
health professional or a law enforcement agency or social services
agency prior to, or within three months after, the birth of the
child, or if paternity has been established.
   (3) Any child who was conceived as a result of contraceptive
failure if the parent was using an intrauterine device, a Norplant,
or the sterilization of either parent.
   (c) This section shall not apply to any child born on or before
November 1, 1995.
   (d) (1) This section shall not apply to any child to whom it would
otherwise apply if the family has not received aid for 24
consecutive months while the child was living with the family.
   (2) This section shall not apply to any child conceived when
either parent was a nonneedy caretaker relative.
   (3) This section shall not apply to any child who is no longer
living in the same home with either parent.
   (e) One hundred percent of any child support payment received for
a child born into the family, but for whom the maximum aid payment is
not increased pursuant to this section, shall be paid to the
assistance unit. Any such child support payment shall not be
considered as income to the family for the purpose of calculating the
amount of aid for which the family is eligible under this article.
   (f) Commencing January 1, 1995, each county welfare department
shall notify applicants for assistance under this chapter, in
writing, of the provisions of this section. The notification shall
also be provided to recipients of aid under this chapter, in writing,
at the time of recertification, or sooner. The notification required
by this section shall set forth the provisions of this section and
shall state explicitly the impact these provisions would have on the
future aid to the assistance unit. This section shall not apply to
any recipient's child earlier than 12 months after the mailing of an
informational notice as required by this subdivision.
   (g) (1) The department shall seek all appropriate federal waivers
for the implementation of this section.
   (2) The department shall implement this section commencing on the
date the Director of Social Services executes a declaration, that
shall be retained by the director, stating that the administrative
actions required by paragraph (1) as a condition of implementation of
this section have been taken by the United States Secretary of
Health and Human Services.
   (h) Subdivisions (a) to (g), inclusive, shall become operative on
January 1, 1995.
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Last modified: March 17, 2014