1. (a) Eligibility for HOPE trust accounts under WIC Section 18997.51(d)(1), Covid-bereaved, will be determined by establishing all of the following factors:

   1. (1) COVID-19 related death of the Decedent must have died on or after March 1, 2020, the beginning of the national emergency concerning the Novel Coronavirus Disease (COVID-19) Outbreak, 85 Fed. Reg. 53, 15337 (March 18, 2020) as shown by one of the following:

      1. (A) A death certificate that states the date of death and that the cause of death was COVID-19, or medically recognized consequence of Long-Term COVID; or
      2. (B) A signed statement under penalty of perjury of an Eligible Child's living parent, Indian custodian, or legal guardian that states the date of death and that the cause of death was COVID-19, or a medically recognized consequence of Long-Term COVID, along with documentation that the person was diagnosed or was in the process of being diagnosed with COVID-19 or Long-Term COVID.

   2. (2) The Eligible Child to be enrolled must have been under 18 years old and a resident of California when the Decedent died, and the Decedent must have been their parent, Indian custodian, or legal guardian. These facts may be determined by one or more of the documents listed below:

      1. (A) U.S. or foreign government documents pertaining to the Eligible Child or their parent, Indian custodian, or legal guardian, such as birth certificates, medical records, passports, voter registration, vehicle registration, drivers' licenses, or school records;
      2. (B) Records that demonstrate the Eligible Child's Residency in California as defined in Section 10500(l); or,
      3. (C) A signed statement affirming the information provided under Section 10501(a)(2)(B) is true and accurate and to be signed by the Eligible Child's parent, Indian custodian, or legal guardian under penalty of perjury.

   3. (3) Family Household Income eligibility as defined in Section 10500(g) may be determined by reference to any of the following:

      1. (A) Current enrollment of the Eligible Child in Medi-Cal for Children prior to the death of the Decedent;
      2. (B) State or federal income tax records of the Eligible Child's Decedent;
      3. (C) Current enrollment of the Eligible Child in a local, state, or federal program that had the same or lower income qualification as that required by Medi-Cal for Children prior to the death of the Decedent;
      4. (D) Information obtained through the Income and Eligibility Verification System (IEVS);
      5. (E) Verification of income by a local, state, or federal government agency that the Family Household Income was equal to or less than that required for Medi-Cal for Children eligibility; or
      6. (F) Upon the inability to determine the facts in (a)-(e) in this Section, a signed statement under penalty of perjury of the Eligible Child's parent, Indian custodian, or legal guardian that the Family Household Income was equal to or less than that required by Medi-Cal for Children in the year prior to the Decedent's death.

2. (b) Eligibility for HOPE trust accounts and annual deposits under WIC Section 18997.51(d)(2), foster eligibility, will be determined by the California Department of Social Services using data derived from its data systems.

   1. (1) The requirement that an Eligible Child under this Section must reach at least 18 months in care may be met by adding up the total time in care and need not be consecutive.
   2. (2) Program Enrollees who become dependents or wards of the court under WIC Section 300, 601, or 602, after being reunified with their parents, adopted, or placed in legal guardianship, shall not be required to reach an additional 18 months in care to be eligible for additional deposits to their HOPE trust account.
3. (c) Eligibility for withdrawal or transfer of funds from HOPE trust accounts may be determined by reference to documents listed in Section 10501(a)(2) that identify the Eligible Youth's 18th birthday.

Note: Authority cited: Section 18997.52, Welfare and Institutions Code. Reference: Sections 18997.5 and 18997.51, Welfare and Institutions Code.

History

1. New section filed 8-26-2025; operative 10-1-2025 (Register 2025, No. 35).