Abused/Abandoned Sponsored Noncitizens

Definition of Sponsored Noncitizens

Sponsored noncitizens are lawful permanent residents (LPRs) who have been admitted into the United States because another person or group has agreed to support them. That individual or group is known as the noncitizen’s sponsor, and as such, have completed an affidavit of support substantiating that they have sufficient income and resources to meet the needs of the noncitizen.

Director’s Exception for Abused/Abandoned Sponsored Noncitizens

General Assistance (GA) regulations require for the sponsor of the non-citizen to sign an Agreement to Reimburse - Sponsor (SCD 355 S/A), to repay any aid provided to the noncitizen during the period of time which the sponsor has agreed, in writing, to provide for the noncitizen.

However, to protect the confidentiality of an applicant or recipient who is being abused/abandoned by the sponsor, this requirement does not apply to sponsored cases under this category.

The Social Services Benefits Specialist (SSBS) must NOT:

Request a signed SCD 355 S/A.
Apply income deeming rules.
Refer the sponsored case to Collections. The total obligation from the sponsor and sponsor’s spouse is canceled.

Note: Abused/abandonment information must be entered in the appropriate CalSAWS fields and thoroughly documented in a Journal Entry.

Eligibility

To be eligible for the the Director’s Exception, the abused/abandoned sponsored noncitizen must meet the following requirements:

There must be supporting documentation of sponsor abuse or abandonment.
The noncitizen must no longer reside with the abusive sponsor.

Affidavit of Support

Applicants/recipients must provide supporting verification that the abuse/abandonment was caused by the sponsor(s) before the Director’s Exception is explored. Refer to the Citizens /Noncitizens chapter.

Verification of Abuse or Abandonment

Supporting documentation of abuse or abandonment must be provided, which may include the following:

Police, government agency, or court records or files.
Documentation from a domestic abuse program.
Documentation from a legal, clerical, medical, or other professional from whom the client has sought assistance in dealing with the abuse.
Physical evidence of abuse.
A report from APS indicating there is abuse.

Note: A sworn statement from the clientalone is NOT sufficient. Additional verification must be provided along with the client’s statement.

Reminder: If a dependent adult/elder person is applying on the basis of abuse by the sponsor and/or sponsor’s spouse, a referral to APS is MANDATORY. Verification of abandonment may be demonstrated by an applicant/recipient completing and submitting a Sworn Statement (GEN 853), along with a separate GEN 853 completed by an acceptable source such as a migrant service agency, landlord, community partner, or neighbor.

Residing with the Sponsor

The sponsored noncitizen must no longer reside with the sponsor. The SSBS must determine that the client is no longer living with the sponsor or in one of the sponsor’s properties.

If the client is unable to provide the sponsor's address or their other real properties, follow the steps provided in the Citizens/Noncitizens chapter. A rental or lease agreement with the owner’s name may also be provided to prove the client is not living with the sponsor.

SSBS Requirements

The SSBS must complete a General Assistance Director’s Exception Request-Individual (GA 5) for individual Director’s Exceptions. This referral must be completed after GA eligibility has been determined. The SSBS must do the following:

Determine that the client is eligible for the Abused/Abandoned Sponsored Noncitizens Director’s Exception.
Attach all pertinent verification to the GA 5.

Reevaluation Period

This Director’s Exception must be reevaluated every six months.

Mandatory Referral

All Social Services Agency employees are mandated by law to report instances of physical abuse of dependent and elder adults.

SSBS's must refer the abused or abandoned elder or dependent sponsored noncitizen adults to Adult Protective Services by calling (408) 975-4900 or 1-800-414-2002 or submitting the Report of Suspected Dependent Adult/Elder Abuse (SOC 341).

Reminder: The sponsored noncitizen may call the National Domestic Violence Hotline at 1-800-799-7233 for more information, the local legal aid office, or an immigration attorney. Santa Clara County’s Domestic Violence Crisis Line is (408) 279-2962, and the Elder Abuse Hotline number is 1-800-414-2002.

Definition of Dependent Adult or Elder

The term “dependent adult” means any person between the ages of 18 and 64 who has physical or mental limitations which restrict their ability to carry out normal activities or protect their rights. “Elder” means a person 65 years or older.

The client may provide doctor’s verification or the GA Request for Medical Verification (SCD 1400) to establish physical or mental limitations.