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:

  • Not the parent or caretaker relative of an eligible child, or
  • Not an essential person.

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:

  • Escape (4901),
  • Flight to Avoid (4902),
  • Flight-Escape (4999).

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

  • When the participant is a principal earner, the second parent is also ineligible unless he/she is participating in welfare-to-work activities.
Social Security Number

An applicant or recipient; or a child whose parent, caretaker relative, or legal guardian who:

  • Refuses or fails to furnish an SSN or evidence of a completed application for a SSN, or
  • Refuses or fails to cooperate in verifying an SSN.
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

Definitions

Caretaker Relative Requirements

Chart of Relatives Who May Be Caretaker Relatives for Eligible Child

Determining Caretaker Relative

Drug Felon

Temporary Absence

Persons Included in AU

Ineligibility for Entire AU

Determination of AU, by Step

Needy & Non-Needy Caretaker Relatives

Approved Relative Caregiver (ARC) Funding Option Program

Pregnant Person Only

Pregnant Person in an AU with Another Eligible Child, or Otherwise Eligible SSI/SSP Child

Family Reunification Program

Non-Minor Dependents