42-431 ELIGIBILITY REQUIREMENTS

(a) Severe forms of human trafficking are defined in the U.S. Code, Title 22, Section 7102 (8) as: Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

(b) Sections 1101(a)(15)(U)(i) and (iii) of Title 8 of the U.S. Code define noncitizen victims of serious crimes as aliens who:

(1) Have suffered substantial physical or mental abuse as a result of having been victims of criminal activity involving, or similar to, the following violations: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; or attempt, conspiracy or solicitation to commit any of the above mentioned crimes; and,

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(2) Possess information concerning criminal activity (or in case of an alien child under the age of 16, the parent, guardian, or adult representing the child); and

(3) Have been helpful, are being helpful. or are likely to be helpful to a federal, state, or local law enforcement official, prosecutor, or judge or to other federal, state, or local authorities investigating or prosecuting criminal activities described above (or in the case of an alien child under the age of 16, the parent, guardian, or adult representative of the alien is helpful).

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.3 Eligible noncitizen trafficking, domestic violence or other serious crime victims who meet all other eligibility criteria for cash assistance shall be aided under the CalWORKS program. See MPP Section 40-105.26 for SSN exception.

.31 If not otherwise eligible under the CalWORKS program requirements, these individuals shall have their eligibility determined under the Trafficking and Crime Victims Assistance Program (TCVAP).

4 Determination of Eligibility as a Victim of Human Trafficking: The county shall consider all forms of acceptable evidence as listed below.

.41 For purpose of determining eligibility as a victim of human trafficking (Section 42-431.23), the CWD shall consider all relevant and credible evidence. A sworn statement by a victim or a representative, if the victim is unable to competently swear, shall be sufficient to verify trafficking status, if at least one item of additional evidence is provided. This evidence includes, but is not limited to the following:

.411 Police, government agency, or court records or files;

412 News articles;

.413 Documentation from a social services, trafficking or domestic violence program, or a legal, clinical, medical, or other professional from whom the applicant or recipient has sought assistance in dealing with the crime;

.414 A statement from any other individual with knowledge of the circumstances that provided the basis for the claim;

.415 Physical evidence;

.416 A copy of a completed visa application;

.417 Written notice from United States Citizenship and Immigration Services (USCIS) of receipt of the visa application.

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.42 If the victim of human trafficking cannot provide additional evidence, a sworn statement shall be sufficient if the county makes a determination that the applicant appears to be credible.

.42 The CWD may use a generic "under penalty of perjury" form for the sworn statement that contains the applicant's declaration that s/he is a victim of human trafficking.

.422 The credibility of an applicant for purposes of accepting his/her sworn statement of trafficking status may be determined by applying the same standard used when determining credibility in domestic violence cases as defined in Section 42-712.12. The sworn statement is acceptable unless there is an independent and reasonable basis, documented in writing, for finding the applicant not credible.

.5 Determination of Trafficking Victim's Eligibility for Benefits and Services

.51 Once it has been determined that the applicant meets the definition of a victim of human trafficking, the CWD must verify that the applicant:

.511 Has filed an I-914 application for T Nonimmigrant status (T Visa) with USCIS and the application has not been denied; or

.512 Is preparing to file an application for a T Visa; or

.513 Is otherwise taking steps to meet the eligibility conditions for federal benefits; or

.514 Is a person for whom "continued presence" in the U.S. has been requested by federal law enforcement because s/he is assisting or willing to assist in the investigation or prosecution of human traffickers.

.52 The following documentation can be used in determining whether an applicant has filed or is preparing to file for a T Visa:

.21 A confirmation receipt or letter from USCIS verifying an application has been filed; or

.52 A copy of the application for a T Visa (form I-914); or

.523 If an applicant has not yet filed for a T Visa, the applicant's statement that he or she intends to file or is taking steps to become federally eligible (e.g., working with a community-based organization to prepare to qualify for federal benefits, working with law enforcement, etc.) will be acceptable.

(a) Documentation could also include statements from persons in official capacities, (e.g., law enforcement officials or victims advocates) who have assisted or are assisting the victim with the T Visa application or steps to becoming eligible.

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53 "Continued Presence" is a status that allows trafficking victims assisting law enforcement to remain in the country during the course of a criminal investigation.

54 Eligibility for state-funded services for trafficking victims shall be terminated if:

.541 The recipient has a final administrative denial of a T Visa application; or

(a) Final Administrative Denial" means that an appeal of the visa denial has been unsuccessful or the time to appeal the denial has passed without an appeal having been filed, whichever comes first.

.542 The recipient has not applied for a T Visa within one year of the date of the CalWORKs application; or

.543 A request on behalf of the recipient for continued presence has not been made within one year of the date of CalWORKs application; or

.544 The recipient is issued a T Visa.

.545 When a trafficking recipient who is otherwise eligible receives his/her T Visa, the case is reviewed for Temporary Assistance For Needy Families (TANF) eligibility and application for SSN must be made in accordance with Section 40-105.21.

.6 Determination of Eligibility for Benefits and Services for Victims of Domestic Violence or Other Serious Crimes

.61 State-funded services for noncitizen victims of domestic violence or other serious crimes are available only when a request with USCIS for a U Visa has been filed, if otherwise eligible. This section also applies to individuals who have requested U Visa Interim Relief only if requested prior to October 17, 2007, if otherwise eligible. To be eligible under this section, the CWD must verify that these applicants:

.611 Have filed a formal application for U Visa (Form I-918 and required supplements) with USCIS for status under Section 1101(a)(15)(U)(i) or (ii) of the Title 8 of U.S. Code or have requested U Visa Interim Relief prior to October 17, 2007, if otherwise eligible.

.62 Acceptable documentation for verifying that an application for a U Visa has been filed or a request for U Visa Interim Relief was filed (U Visa Interim Relief is acceptable only if a request for U Visa Interim Relief was filed prior to October 17, 2007) includes, but is not limited to:

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.621 A confirmation receipt or letter from USCIS verifying that a request has been filed; or

.62 The Notice of Action (form I-797) approving a U Visa or a request for U Visa Interim Relief (U Visa Interim Relief is acceptable only if a request for U Visa Interim Relief was filed before October 17, 2007); or

.623 A form I-797 which serves as a fee receipt for an employment authorization request based on a U Visa application; or

.624 A copy of the Petition for U Nonimmigrant status (Form I-918); or

.625 An Employment Authorization Document (EAD) issued under Category “A19” or “A20” for an approved U Visa petitioner.

.63 Eligibility for state-funded services will continue until the recipient has a final administrative denial, as defined in Section 42-431.541(a), of a U Visa application or when the CalWORKs 60-month time limit has been exhausted with no eligible time extenders, whichever occurs first. See Section 42-302.1 for time limit extenders.

NOTE: Authority cited: Sections 10553 and 10554, Welfare Institutions Code. Reference; SB 1569 (Chapter 672, Statutes of 2006). Sections 11454, 13283, 14005.2, and 18945, Welfare and Institutions Code; 8 United States Code 1182(d)(5)(B), 28 Code of Federal Regulations (CFR) Section 1100.35, 45 (CFR) Section 400.43; the Trafficking Victims Protection Act of 2000 (P.L. 106-386), Sections 107(b)(1)(A), (B), and (C).