DPSS ePolicy

Revision of existing policy and/or form(s)

What Changed?

CalWORKs policy for fleeing felons was modified where the below requirements must be met before a CalWORKs applicant/participant is determined to be ineligible to CalWORKs:

1. The applicant/participant is fleeing prosecution or custody and confinement; and
2. Law enforcement presents an active arrest warrant and the warrant falls under one or more of the following specific National Crime Information Center (NCIC) codes:
   • Escape Code 4901;
   • Flight to Avoid (prosecution, confinement, etc.) Code 4902; and/or
   • Flight-Escape Code 4999.

Note: Changes are shown highlighted in grey throughout the document.

Fleeing Felons and Probation or Parole Violators Policy

An applicant/participant is ineligible to receive CalWORKs and/or CalFresh when an individual is a fleeing felon or a probation or parole violator.  

Staff may become aware about an applicant/participant being a fleeing felon from: 

1. The applicant/participant who self discloses; 
2. The receipt of a Fleeing Felon Match (FFM) abstract; or
3. A law enforcement agency. 

The following criteria for fleeing felons must be met in order for the person to be ineligible for CalWORKs benefits:

1. The Eligibility staff receive information via FFM, law enforcement agency, or applicant/participant self-discloses stating they are fleeing prosecution or custody and confinement;
2. The law enforcement agency presents an active arrest warrant stating the applicant/participant is fleeing prosecution; and 
3. The active warrant falls under one or more of the following specific NCIC codes: 
   • Escape Code 4901;
   • Flight to Avoid (prosecution, confinement, etc.) Code 4902; and/or
   • Flight-Escape Code 4999.

Participant Self-Disclosure: 

A CalWORKs applicant/participant may self-disclose they are a fleeing felon via the SAWS 2 PLUS, Application for CalFresh, Cash Aid, and/or Medi-Cal/Health Care Programs, which is completed by the applicant/participant at Intake and during the annual Renewal (RE).  If an applicant/participant self-discloses they are a fleeing felon, Eligibility staff initiates a "Historical  Welfare Fraud Prevention and Investigations (WFP&I) referral."  WFP&I staff verify the status in accordance with policy which is outlined above.  In these situations, Eligibility staff must not delay the approval/issuance of benefits pending a review from WFP&I staff.   

FFM Abstract and Law Enforcement Agency: 

The WFP&I Section receives the FFM abstract or information from a Law Enforcement Agency and will coordinate with the district office staff if an action is required.

Further details about this policy can be referenced within 20-002 Welfare Fraud Prevention and Investigations Section Processes. 

Drug Felons

Effective April 1, 2015, drug felons are eligible to receive CalWORKs benefits as long as the individual is not fleeing and/or is compliant with the terms of their probation or parole.  No additional verification must be requested from individuals with a drug felony conviction regarding their probation/parole status.

On June 20, 2014, Assembly Bill 1468 was passed, making individuals convicted in State or federal court after December 31, 1997, of any drug offense eligible to receive CalWORKs benefits, if otherwise eligible, effective April 1, 2015.

Senate Bill 345 (Chapter 260, Statutes of 2023) changed the definition of a fleeing felon. The fleeing felon policy was enhanced which now requires that a federal, State, or local law enforcement office, acting in an official capacity, to present an outstanding felony arrest warrant containing one or more of the following NCIC offense classification codes before taking action to remove an applicant/participant who is a fleeing felon:  

• Escape Code 4901; 
• Flight to Avoid (prosecution, confinement, etc.) Code 4902; and/or
• Flight-Escape Code 4999.   

Previously, the aforementioned steps were not required.

Fleeing Felon

An individual who is fleeing to avoid prosecution, custody, or confinement after the conviction of a crime or attempt to commit a crime that is a felony.

An individual is now defined to be a fleeing felon when all of the following applies:

• An active warrant is presented to the counties by a law enforcement agency; and 
• The warrant falls under one or more of the specific NCIC codes below:
  • Escape Code 4901;
  • Flight to Avoid (prosecution, confinement, etc.) Code 4902; and/or
  • Flight-Escape Code 4999.

There is no requirement that the individual has knowledge of the existence of the warrant.

Fleeing felons are ineligible for cash aid. They are not in the Assistance Unit (AU) and are considered non-AU members.  Their needs will be considered in the Maximum Aid Payment (MAP) for non-AU members only if they have income that will be used in the grant computation.

Fleeing felons are identified by WFP&I through FFM abstracts received from the California Department of Social Services.

Parole/Probation Violator

An individual who is in violation of a condition of probation or parole.  The initial offense for which probation or parole was ordered need not be a felony.

Parole/Probation violators are ineligible for cash aid.  They are not in the AU and are considered non-AU members. Their needs will be considered in the MAP for non-AU members only if they have income that will be used in the grant computation.

Please refer to 01-203.1 Probation Public Safety Realignment Administrative Release for further details.

CalWORKs Eligibility

All applicants/participants must be compliant with the terms of their probation or parole in order to be eligible to receive CalWORKs benefits. In addition, applicants/participants must not be a fleeing felon who meet the criteria outlined within the Policy Section above.

Welfare-to-Work (WtW)

Participation in GAIN is mandatory for all CalWORKs aided adults, unless exempt.  Adults who are in the AU will be registered into the GAIN Program and will be scheduled to attend an Appraisal appointment.  Individuals with a drug conviction are eligible to receive CalWORKs benefits and will be registered into the GAIN Program.

Child Support

Effective April 1, 2015, drug felons approved for CalWORKs must cooperate with child support requirements and are subject to the following:

• Referral to the Child Support Services Department (CSSD);
• Twenty five percent grant penalty for noncooperation with CSSD;
• Sanction for refusal to assign child support rights via the CW 2.1, Notice and Agreement for Child, Spousal, and Medical Support; and
• Completing the child support forms:
  • CW 2.1.
  • CW 2.1(Q) – Support Questionnaire.
  • CW 51 – Child Support Good Cause for Claim for Noncooperation.

Annual Reporting/Child Only (AR/CO)

CalWORKs AU's in which all adults in the case are ineligible, with the exception of a GAlN sanctioned adult, are subject to the AR/CO reporting requirements.  This previously included cases with a drug felon. 

Effective April 1, 2015, since the drug felon was added to the AU, the case is not subject to AR/CO reporting requirements.  These cases are subject to Semi-Annual Reporting (SAR) requirements. 

Mandatory Reports

Under SAR and AR/CO, CalWORKs participants are mandated to report mid-period changes when a person is a fleeing felon and in violation of conditions of probation or parole within ten calendar days of the date the change is known to the AU.

For additional information see 44-316.3 Mid-Period Reports and County Actions.

CalFresh

Effective April 1, 2015, household members excluded due to their felony drug conviction are now eligible to receive CalFresh benefits.  

See CalFresh 63-402.22 Fleeing Felons and Probation or Parole Violators for further details.

If verification is received that the applicant/participant is in violation of probation or parole, the applicant/participant becomes ineligible to receive CalWORKs benefits until verification is provided that the applicant/participant is no longer in violation of probation or parole.

If WFP&I determines that the applicant/participant meets the NCIC code and law enforcement criteria, then the applicant/participant becomes ineligible to receive CalWORKs benefits until verification is provided that the applicant/participant is no longer fleeing.

Eligibility staff will be notified by WFP&I if an action to remove a fleeing felon from the CalWORKs case is required. 

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