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Excluded Persons
Persons Excluded by Law
[EAS 82-832.1]
Persons excluded by law are INELIGIBLE for CalWORKs. The following persons are excluded from the AU by law:
Individual |
Definition |
Child in receipt of Foster Care (FC) or Kin-GAP Child |
Is a child living with his/her minor or non-minor dependent parent who is in receipt AFDC-FC or Kin-GAP. |
Citizenship/Alienage |
Does not meet the citizenship/alien status requirements. |
Second Parent of Unborn |
Is an unborn child’s second parent who is living in the home with the pregnant person and who is:
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Other Aided Individual |
Persons who are in receipt of SSI/SSP, RRP, Kin-GAP or FC. |
Sponsored Non-citizen |
Is a sponsored non-citizen whose needs are being met by a sponsor’s deemed income. |
Spouse of Eligible Child |
Is a spouse of an eligible child, living with the child in the senior parent’s home, when there is no child in common for whom deprivation exists. |
Refugee Eligible for Alternative Project |
Is a refugee who is eligible for and required to participate in an alternative project implemented pursuant to Section 412(e)(7) of the federal Immigration and Nationality Act 8 USC 1522(e)(7). |
Fleeing Felon |
Is fleeing to avoid prosecution, or custody and confinement after conviction, for a crime or an attempt to commit a crime that is a felony under the laws where the individual is fleeing. Note: A felony is considered a high misdemeanor under the laws of the state of New Jersey. Effective January 1, 2024, a person is determined to be a fleeing felon when a federal, state, or local law enforcement officer, acting in an official capacity, presents an outstanding felony arrest warrant containing one or more of the following National Crime Information Center (NCIC) Offense Classification Codes:
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Violation of Probation or Parole |
Is in violation of a condition of probation or parole. The initial offense for which probation or parole was ordered does not have to be a felony. |
Non-minor dependent |
Is a non-minor dependent. Non-minor dependent shall constitute a PPO case and as such shall be excluded from the AU of a needy or non-needy caretaker relative for CalWORKs purposes. |
Sanctioned Persons
[EAS 82-832.2]
The following persons are excluded from the AU due to a sanction:
Type | Definition |
Citizenship | A person who fails to cooperate in the verification of his/her citizenship or alien status. |
IPV | An applicant or recipient who has been disqualified for a specific amount of time for committing an IPV prior to July 1, 1998. |
Welfare-to-Work |
A non-exempt welfare-to-work participant who fails or refuses without good cause to meet program requirements, and
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Social Security Number |
An applicant or recipient; or a child whose parent, caretaker relative, or legal guardian who:
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Striking | A striker who is not a caretaker relative. |
Reminder: Sanctioned individuals do not have their needs considered in the CalWORKs AU MAP.
Related Topics
Caretaker Relative Requirements
Chart of Relatives Who May Be Caretaker Relatives for Eligible Child
Determining Caretaker Relative
Needy & Non-Needy Caretaker Relatives
Approved Relative Caregiver (ARC) Funding Option Program
Pregnant Person in an AU with Another Eligible Child, or Otherwise Eligible SSI/SSP Child