CCLME.ORG - DIVISION 4.5. ENVIRONMENTAL HEALTH STANDARDS FOR THE MANAGEMENT OF HAZARDOUS WASTE

(continued) ention, which results or threatens to result in physical or mental injury. Rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence.
(B) There is a substantial connection between such battery or cruelty and the need for the benefits to be provided in the opinion of the Department. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the benefits to be provided:
1. The benefits are needed to enable the alien child's parent to become self-sufficient following separation from the abuser.
2. The benefits are needed to enable the alien child's parent to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien child's parent from the abuser.
3. The benefits are needed due to a loss of financial support resulting from the alien child's parent's separation from the abuser.
4. The benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from the legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien child's parent to lose his or her job or to earn less or to require the alien child's parent to leave his or her job for safety reasons.
5. The benefits are needed because the alien child's parent requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty.
6. The benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien child's parent's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into a day care for fear of being found by the abuser).
7. The benefits are needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser.
8. The benefits are needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the alien child's parent and/or to care for any resulting children.
9. Where medical coverage and/or health care services are needed to replace medical coverage or health care services the alien child's parent had when living with the abuser.
(C) The alien child meets the requirements of subsection (c)(8)(C) above.
(d) For purposes of this section, "nonimmigrant" is defined the same as in section 101 (a)(15) of the INA (8 U.S.C. s 1101(a)(15)).
(e) For purposes of establishing eligibility for the REA II registration, Health and Safety Code section 25570 et seq., all of the following must be met:
(1) The applicant must declare himself or herself to be a citizen of the United States, a qualified alien under subsection (c), a nonimmigrant alien under subsection (d), or an alien paroled into the United States for less than one year under section 212(d)(5) of the INA (8 U.S.C. s 1182 (d)(5)). The applicant shall declare that status through use of the "Statement of Citizenship, Alienage, and Immigration Status for State Public Benefits," (Form REA 5, Revised 9/98 or electronic Form REA 6, Revised 9/98) which is incorporated by reference.
(2) The applicant must present documents of a type acceptable to the Immigration and Naturalization Services (INS) which serve as reasonable evidence of the applicant's declared status.
(3) The applicant must complete and sign Form REA 5 or electronic Form REA 6.
(4) Where authorized by the INS, the documentation presented by an alien as reasonable evidence of the alien's declared immigration status must be submitted to the INS for verification through the Systematic Alien Verification for Entitlements (SAVE) system procedures as follows:
(A) Unless the primary SAVE system is unavailable for use, the primary SAVE system verification must be used to access the biographical/ immigration status computer record contained in the Alien Status Verification Index maintained by the INS. Subject to subparagraph (B), this procedure must be used to verify the status of all aliens who claim to be qualified aliens and who present an INS-issued document that contains an alien registration or alien admission number.
(B) In any of the following cases, the secondary SAVE system verification procedure must be used to forward copies of original INS documents evidencing an alien's status as a qualified alien, as a nonimmigrant alien under the INA, or as an alien paroled into the United States under section 212 (d)(5) of the INA (8 U.S.C. s 1182 (d)(5)) for less than one year:
1. The primary SAVE system is unavailable for verification.
2. A primary check of the Alien Status Verification Index instructs the Department to "institute secondary verification."
3. The document presented indicates immigration status but does not include an alien registration or alien admission number.
4. The Alien Status Verification Index record includes the alien registration or admission number on the document presented by the alien but does not match other information contained in the document.
5. The document is suspected to be counterfeit or to have been altered.
6. The document includes an alien registration number on the A60 000 000 (not yet issued) or A80 000 000 (illegal border crossing) series.
7. The document is a fee receipt from INS for replacement of a lost, stolen, or unreadable INS document.
8. The document is one of the following: an INS Form I-181b notification letter issued in connection with an INS Form I-181 Memorandum of Creation of Record of Permanent Residence, an Arrival-Departure Record (INS Form I-94) or a foreign passport stamped "PROCESSED FOR I-551, TEMPORARY EVIDENCE OF LAWFUL PERMANENT RESIDENCE" that INS issued more than one year before the date of application for the REA II registration.
(5) Where verification through the SAVE system is not available, if the documents presented do not on their face reasonably appear to be genuine or to relate to the individual presenting them, the government entity that originally issued the document should be contacted for verification. With regard to naturalized citizens and derivative citizens presenting certificates of citizenship and aliens, the INS is the appropriate government entity to contact for verification. The Department should request verification by the INS by filing INS Form G-845 with copies of the pertinent documents provided by the applicant with the local INS office. If the applicant has lost his or her original documents, or presents expired documents or is unable to present any documentation evidencing his or her immigration status, the applicant should be referred to the local INS office to obtain documentation.
(6) If the INS advises that the applicant has citizenship status or immigration status which makes him or her a qualified alien, a nonimmigrant, or an alien paroled for less than one year under section 212(d)(5) of the INA, the INS verification should be accepted. If the INS advises that it cannot verify that the applicant has citizenship status or an immigration status that makes him or her a qualified alien, a nonimmigrant, or an alien paroled for less than one year under section 212(d)(5) of the INA, benefits should be denied and the applicant notified pursuant to the REA II appeal procedures (Cal. Code Regs., tit. 22 s 69209), of his or her rights to appeal the denial of benefits.
(7) Provided that the alien has completed and signed Form REA 5, revised 9/98 or electronic form REA 6, revised 9/98, under penalty of perjury, eligibility for REA registration shall not be delayed, denied, reduced or terminated while the status of the alien is verified.
(f) Pursuant to section 432 (d) of the PRWORA (8 U.S.C. s 1642 (d)), a nonprofit charitable organization that provides federal, state, or local public benefits shall not be required to determine, verify, or otherwise require proof of eligibility of any applicant or beneficiary with respect to his or her immigration status or alienage.
(g) Nothing in this section shall be construed to withdraw eligibility for those programs described under section 411 (b) of the PRWORA, (8 U.S.C. s 1621 (b)).
(h) Pursuant to section 434 of the PRWORA (8 U.S.C. s 1644), where the Department reasonably believes that an alien is unlawfully in the State based on the failure of the alien to provide reasonable evidence of the alien's declared status, after an opportunity to do so, said alien shall be reported to the Immigration and Naturalization Service.
(i) Any applicant who is determined to be ineligible for the REA II registration, whose services are terminated, suspended, or reduced pursuant to subsections (b), and (e), is entitled to a hearing, pursuant to section 69209.

Note: Authority cited: Sections 25570.3 and 58004.5, Health and Safety Code. Reference: Sections 25570-25570.4, Health and Safety Code; 8 U.S.C. Sections 1621, 1641 and 1642.

s 69214. Sunset Review.
(a) The Director in consultation with the Secretary for Environmental Protection, shall conduct a sunset review, within five years of the effective date of the regulations in sections 69200 through 69213, to determine whether the regulations should be retained, revised, or repealed.

Note: Authority cited: Sections 25570.3 and 58004.5, Health and Safety Code. Reference: Sections 25570-25570.4, Health and Safety Code.