MFG - Exceptions

Rape

The MFG rule does not apply if the child was conceived as the result of an act of rape, as defined in Sections 261 and 262 of the Penal Code, and

The rape has been reported to a law enforcement agency, medical or mental health professional, or an organization that provides counseling to victims of rape prior to, or within three months after, the birth of the child.
The recipient provides written verification from one of the above entities that the incident of rape was reported and the date the report was made.

Note: The EW does not need to see an actual copy of the reports given to the law enforcement office, but does need written verification that meets the above criteria.

Incest

The MFG rule does not apply if the child was conceived as the result of an act of incest, as defined in Section 285 of the Penal Code, and

Paternity has been established, or
The incest has been reported to a law enforcement agency, medical or mental health professional, or an organization that provides counseling to victims of rape prior to, or within three months after, the birth of the child.

The recipient must provide written verification from one of the above entities that the incident of incest was reported and the date the report was made.

Note: The EW does not need to see an actual copy of the reports given to the law enforcement office, but does need written verification that meets the above criteria.

As defined in the California Penal Code and the California Family Code, a child is conceived as a result of incest when that child is conceived between:

Parents and children (including step relationships that have not been dissolved by death, divorce, or annulment, or
Brothers and sisters (including half-brothers and half-sisters), or
Uncles and nieces, or
Aunts and nephews.

Contraceptive Failure

The MFG rule does not apply if it is medically verified that the child was conceived as the result of the failure of:

An intrauterine device (IUD), or
Norplant, or
Depo-Provera, or
The sterilization of either parent.

Example Example Depo-Provera is a sterilization method by injection that is administered by a physician to prevent pregnancy. Therefore, the MFG rule will not apply when the county receives medical verification that the pregnancy occurred as the result of failure of this sterilization method.

Example Example A woman on aid was sterilized. She subsequently had a child and was given an MFG exemption for a failed contraceptive. She is currently pregnant and again claiming an exemption for this second child because of the failure of the same prior method of sterilization. The woman must provide medical verification of her sterilization status after the birth of the first child. The MFG rule would apply if her physician informed the woman that the first sterilization had failed and she would need other birth control methods to prevent pregnancy in the future. However, the MFG rule would not apply if her physician indicated that a second sterilization or other birth control methods were not necessary to prevent future pregnancies.

Unaided Caretaker Relative

The MFG rule does not apply if the child was conceived while either parent was an unaided non-parent caretaker relative.

Example Example A non-needy caretaker relative has been receiving CalWORKs for her nephew. She becomes pregnant and applies for CalWORKs for herself and her child when the baby is born. MFG does not apply as she was not receiving cash aid for herself or on behalf of her eligible child.

Example Example A non-needy caretaker relative has been receiving CalWORKs for her niece. She becomes pregnant and once the child is born she applies for CalWORKs for herself and her child. Also living in the home are the father of the newborn and his separate child who have been receiving CalWORKs for himself and his separate child. Due to the mandatory inclusion rules, this is one AU. However, since the mother was an unaided non-parent caretaker relative, the newborn meets an exception to the MFG rule.

Non-Parent Caretaker Relative

The MFG rule does not apply when the child is not living with either parent.

Example Example An MFG child moves into the home of the grandmother and the grandmother applies for CalWORKs for that child. The MFG rule will no longer apply to that child, as long as neither parent lives in that same home. This exception will continue to apply regardless of whether the grandmother is needy or non-needy.

Victim of Domestic Abuse

On a case-by-case basis, the MFG rule may be waived for a recipient who has been identified as a past or present victim of domestic abuse. To determine if the MFG rule may be waived, a referral to the CalWORKs Social Worker/Domestic Violence Advocate must be made.