42-400.B     RESIDENCE INTENTION/CHANGE OF RESIDENCE

 

Table of Contents

The Residence Intention/Change of Residence section includes the following information:

 

Topic

Evidence of Residence Intention

Homeless Households Use of an Alternate Address

Physical Absence from the State

Absence for 60 Days or Longer

Reasons for Discontinuance of Aid

Continuous Absence for 60 Days or More

Persons Incapable of Changing Residence

Juvenile Court Dependents Placed Out-of-State

Persons Capable of Establishing Residence

Recipients Who Move to or From Other States

Mail Returned as Undeliverable or Addressee Unknown

Whereabouts Unknown

 

 

Evidence of Residence Intention
 
 
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The written statement of the applicant or recipient is acceptable to establish his/her intention and action of establishing residence unless the statement is inconsistent with other statements, recipient mid-quarter reports, or with the conduct of the person or with other information known to the Human Services Specialist (HSS).

 

Homeless Households Use of an Alternate Address
 
 
 
 
 
 
 
 
 

 

 

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Homeless households are not required to have a fixed address to pick up their CalWORKs benefits and correspondence.  Homeless households can choose to:

 

·        Pick up their notices/correspondence and EBT card at the Family Resource Center’s (FRC) PO Box; or

 

·        Use an alternate address such as a church, shelter or friend’s house (A release of information can be requested to confirm the use of an alternate address but is not required, unless questionable); or

 

·        Use their own PO Box or Commercial Mail Receiving Agency only when meeting requirementsincluding obtaining FRC Management approvalas outlined in CPG 40-100.A.

 

Note: If the Homeless household selects the FRC PO Box, the worker will follow County policy addressed in the Eligibility and Employment Operations Guide (EEOG) document entitled: INFORMING NOTICE FOR HOMELESS APPLICANTS/RECIPIENTS (16-45 HHSA).”

 

Physical Absence from the State
 
 
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Continued physical absence from the state for 30 days or longer may indicate a possible change of residence. Once reported, the HSS must determine the individual’s intent to maintain California residency. If an inquiry establishes no intent to return, the individual must no longer be considered a California resident, and aid must be discontinued with timely notice.

 

Absence for 60 Days or Longer
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 

 
 
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If the applicant or recipient advises that he/she intends to maintain their California residency, however remains out of the state for 60 days or longer, their continued absence is evidence of the applicant's or recipient's intent to have changed their place of residence outside of California. Such absence in itself is sufficient evidence to support a determination that the applicant or recipient has established residence outside of California. Therefore, their intent to return must be supported by one or a combination of the following:

·           Family members, with whom the recipient lived while receiving aid, continue to live in California.

 

·           The recipient has continued maintenance of his/her California housing arrangements (Owned, leased, or rented).

 

·           The recipient has employment or business interests in California.

 

·           The recipient’s return to California was prevented by illness or injury

 

·        Any other act or combination of acts, by the recipient establishing his /her intent to maintain California residence.

 

Reasons for Discontinuance of Aid
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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When any of the following occurs, aid is to be discontinued with timely notice:

 

·       The recipient advises the HSS that he/she does not intend to return to California or maintain California residency.

 

·       The HSS is notified that the recipient is applying for aid in another state.

 

·       The recipient has purchased or rented a house or dwelling out-of-state since leaving California.

 

·       The recipient has been employed out-of-state since leaving California.

 

·       The recipient has obtained an out-of-state driver’s license or ID card since leaving California.

 

·        The recipient has taken any other action, which indicates his/her intent to establish residence outside of California (i.e., school enrollment).

 

Continuous
Absence for 60 Days or More
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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Continuous absence outside of California for 60 days or longer, regardless of declared intent to return on form 806-0: California Residence, is sufficient evidence to support a determination that a recipient has established residence outside of California.  Aid to recipients in this situation is to be discontinued, with timely notice, unless a declared intent to return can be supported by any one, or a combination, of the following:

 

·           Family members, with whom the recipient lived while receiving aid, continue to live in California.

 

·           The recipient has continued maintenance of his/her California housing arrangements (Owned, leased, or rented).

 

·           The recipient has employment or business interests in California.

 

·           Any other act or combination of acts, by the recipient establishing his /her intent to maintain California residence.

 

Even if the recipient's intent to reside in California is supported by the above, it may still be established that the recipient does not have the intent to reside in California,  if any of the following situations occur and are significant enough to negate the evidence that supports California residence:

·           The applicant or recipient has purchased or leased a house out of state since leaving California.

 

·           The applicant or recipient has been employed out of state since leaving California.

 

·           The applicant or recipient has obtained an out-of-state motor vehicle driver's license since leaving California.

 

The applicant or recipient has taken any other action which indicates his intent to establish residence outside of California.

 

Persons Incapable of Changing Residence
 
 
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The place of residence for persons who are deprived by court action of freedom of movement remains the same as at the time of the court action.  This does not apply to minors placed by court order with a caretaker relative in San Diego County who are active in a CalWORKs case.  An intercounty transfer should be initiated if the minor moves to another county either with the current caretaker relative or to live with a different caretaker.   

 

 

Juvenile Court Dependents Placed
Out-of-State
 
 
 
 
 
 
 
 
 
 
 
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A child with California residence, placed in another state by court order, may be eligible to CalWORKs from California.  If a court order establishes that a child is a San Diego County court dependent and specifies that the child is to receive CalWORKs from California, San Diego County is to determine initial and ongoing eligibility and issue California grant amounts.  The caretaker relative, even if living in another state, is responsible for completing all eligibility requirements.  The caretaker, unless a California resident, is not eligible to assistance. 

 

San Diego is the responsible county for payment of aid for AFDC-Foster Care cases for minors placed by court order with caretaker relatives who subsequently move to another county.

 

Persons with court appointed guardians or conservators may have their place of residence changed only by decision of the guardian or conservator.

 

Persons Capable of Establishing Residence
 
 
 
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Persons on Parole

Persons on parole from correctional institutions may establish residence, by intent.

Persons Living on Land Leased or Owned by the United States

Persons living within the boundaries of California on land leased by U.S. agencies from the state, its political subdivisions, or individuals, or on land owned by the U.S., may establish residence, by intent.

 

Recipients Who Move to or From Other States
 
 
 
 
 
 
 

 

 

 
 
 
 
 
 
 
 
 
 
 
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Recipients From Other States

 

Recipients from other states who move to California with the intent to establish residence in California are to be granted aid promptly, if otherwise eligible.  The HSS must contact the worker in the other state for the purpose of:

 

o       Verifying the amount of current aid payments; and

 

o       Coordinating the other state’s discontinuance of aid with San

      Diego’s granting without a break-in-aid or duplication of aid

      payments.

 

 

Application by Recipients in Other States

When notification is received from either the recipient or an out-of-state welfare agency that an application for TANF has been made, the HSS is to immediately contact the out-of-state agency to coordinate the discontinuance of aid payments in San Diego County, with the granting of aid by the other state.

 

       HSS’s are to discontinue aid no later than the end of the month following that in which the recipient applies for aid in another state.  If the recipient is determined to be ineligible in the other state, aid must be discontinued as soon as possible, with adequate notice.

 

Mail Returned as Undeliverable or Addressee Unknown
 
 
 

 

 

 

 

 

 

 

 

 

 

 

 
 
 
 
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Households have a responsibility to report a Change of Address (COA) within ten calendar days.  If the AU does not report a change in address verbally, in writing, or via their QR 7 form (Eligibility/Status Report), and mail sent to the only known address returns as “Undeliverable” or “Addressee Unknown” without any forwarding address, the worker must:

 

·        Attempt to reach the household to resolve the conflicting information, and

·        Send a notice of incomplete QR 7 form (if the client submits their QR 7 form without reporting a COA) or a QR 3 form (Mid-Quarter Status Report;

·        Document the Balderas attempt at personal contact; and

·        Discontinue the cash aid at the end of the quarter in accordance with the following:

 

If…

Then…

Mail has been returned as “undeliverable” or “addressee unknown” and it has been determined, (after notice issuance and the documented Balderas attempt at personal contact) that the client has moved out of California….

The worker can take mid-quarter action to terminate aid.

It is determined after notice issuance and the documented Balderas attempt at personal contact that the client has moved to another county…

An Inter-County Transfer (ICT) should be initiated in accordance with CPG Section 40-100.P.

 

NOTE: If the AU does not respond to the worker’s inquiry within 30 days, it can be presumed that they do not intend to maintain California residency, and the worker must discontinue the case immediately.

 

Whereabouts Unknown
 
 
 
 

 

 

 

 

 

 
 
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Residence in the state, but not in the county, is a requirement for continued eligibility for aid.  Households may not be automatically discontinued for “whereabouts unknown”, because they may still be eligible for CalWORKs if they are still California Residents. 

 

Loss of contact with the household can result in the worker being unable to request information necessary to determine continued eligibility for aid, which could ultimately result in discontinuance of the AU’s aid. In addition, if the AU has not reported an address change, the worker will not be able to properly notify the AU of changes in eligibility and/or grant amount.

 

When questions regarding an AU’s place of residence arise, workers are responsible for reviewing the circumstances of the case and contacting the AU to provide them with an opportunity to clarify the discrepancies.

 

Note:  Contact with the AU must be attempted and documented before making any referral for fraud investigation or taking action against the grant.