DPSS ePolicy

Individuals determined guilty of committing an IPV act in a court of law or through an ADH will be disqualified. Penalties for committing an IPV act vary depending on the type of offense committed and frequency. 

The following offense constitutes a 24-month disqualification for the first offense and permanent disqualification for the second offense: 

• Trading or attempting to trade CalFresh benefits for a controlled substance, (Manual of Policies and Procedures [MPP] 20-300.312).
  

The following offenses constitute a permanent disqualification: 

• Trading or attempting to trade CalFresh benefits for firearms, ammunition, or explosives, (MPP 20-300.313); 
  
  
• Trading, selling, or attempting to trade CalFresh benefits with a value of $500 or more, (MPP 20-300.315).

The following offense constitutes a 10-year disqualification:

• Falsifying the identity or place of residence in order to receive multiple CalFresh benefits, (MPP 20-300.314).

The following offenses constitute a 12-month disqualification for the first offense, 24-month disqualification for the second offense and permanent disqualification for the third offense: 

• Hiding information or making false statements.
  
  
• Using Electronic Benefit Transfer (EBT) cards that belong to someone else or letting someone else use the EBT card.
  
  
• Using CalFresh benefits to buy alcohol or tobacco.
  
  
• Attempting to or trading, buying, selling, stealing or giving away CalFresh benefits or EBT cards.
  
  
• Submitting false documents for children or adult household (HH) members who are not eligible or who do not exist.
  
  
• Violating conditions of probation or parole.
  
  
• Fleeing after a felony conviction.
  
  
• Purchasing a product with CalFresh benefits that has a return deposit, intentionally throwing away the contents and returning the container for the deposit amount or attempting to return the container for the deposit amount.
  
  
• Buying a product with CalFresh benefits and intentionally reselling it for cash

In an ADH decision, the individual who has committed the IPV is disqualified effective the first of the month following the date the individual and the Department are notified in writing of the ADH decision.

The period of disqualification must begin within 45 days of the date:

1. The HH member signed the Disqualification Consent Agreement form;
   
   
2. The HH member signed an ADH Waiver before the scheduled hearing; or
   
   
3. A written order has been issued from a court decision, unless the court specifically sets a different time frame.

The HH must be provided a 10-day Notice of Action (NOA) regarding IPV disqualification, even if the IPV individual in the HH is sanctioned for another reason or not on aid.

If a disqualification is not processed timely, the individual is disqualified for the remaining time of the penalty period. An Administrative Error (AE) overissuance is established by county Eligibility Staff from the first date of the disqualification period until the date the disqualification action is taken.

Once the disqualification period has been applied, it continues uninterrupted until the end of the disqualification period regardless of the eligibility of the HH.

An individual disqualified for an IPV cannot act as an AR during their disqualification period, unless Eligibility Staff have determined that no one else is available to serve as an adult AR for the HH.

Separate determination will be made by Eligibility Staff for whether the IPV-disqualified individual is needed to apply or obtain benefits on behalf of the HH.

ADH

A State hearing held to decide if a HH member intentionally violated CalFresh Program rules.

IPV

An IPV claim is defined as having intentionally:

1. Made a false or misleading statement, misrepresented, concealed, or withheld facts, or
   
   
2. Committed any act which constitutes a violation of the “Food Stamp Act”, CalFresh Program regulations or any status relating to the use, presentation, transfer, acquisition, receipt or possession of CalFresh benefits, trafficking of benefits, or electronic benefit cards or devices that deliver benefits.

Welfare Fraud Investigator (WFI)

A WFI is a Peace Officer pursuant to Section 830.35(a) of the California Penal Code, whose task is to investigate cases of suspected welfare fraud and violations of the public assistance rules and regulations; locate and interview witnesses and persons suspected of violations; obtain and present facts and evidence to support administrative action or prosecution.