§ 13952. — 13952. (Amended by Stats. 2015, Ch. 569, Sec. 1.)

California § 13952.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 3.
• Title 2.: DIVISION 3. EXECUTIVE DEPARTMENT
• Part 4.: PART 4. CALIFORNIA VICTIM COMPENSATION BOARD
• Ch. 5.: CHAPTER 5. Indemnification of Victims of Crime
• Art. 2.: ARTICLE 2. Applications for Compensation

Text

(a)
An application for compensation shall be filed with the board in the manner determined by the board.
(b)
(1)
The application for compensation shall be verified under penalty of perjury by the individual who is seeking compensation, who may be the victim or derivative victim, or an individual seeking reimbursement for burial, funeral, or crime scene cleanup expenses pursuant to subdivision (a) of Section 13957. If the individual seeking compensation is a minor or is incompetent, the application shall be verified under penalty of perjury or on information and belief by the parent with legal custody, guardian, conservator, or relative caregiver of the victim or
derivative victim for whom the application is made. However, if a minor seeks
compensation only for expenses for medical, medical-related, psychiatric, psychological, or other mental health counseling-related services and the minor is authorized by statute to consent to those services, the minor may verify the application for compensation under penalty of perjury.
(2)
For purposes of this subdivision, “relative caregiver” means a relative as defined in paragraph (2) of subdivision (h) of Section 6550 of the Family Code, who assumed primary responsibility for the child while the child was in the relative’s care and control, and who is not a biological or adoptive parent.
(c)
(1)
The board may require submission of additional information supporting the application that is reasonably necessary to verify the application and
determine eligibility for compensation.
(2)
The staff of the board shall determine whether an application for compensation contains all of the information required by the board. If the staff determines that an application does not contain all of the required information, the staff shall communicate that determination to the applicant with a brief statement of the additional information required. The applicant, within 30 calendar days of being notified that the application is incomplete, may either supply the additional information or appeal the staff’s determination to the board, which shall review the application to determine whether it is complete.
(3)
The board shall not require an applicant to submit documentation from the Internal Revenue Service, the Franchise Tax Board,
the State Board of Equalization, the Social Security Administration, or the Employment Development Department to determine eligibility for compensation. The board may require and use documentation from these entities to verify the amount of compensation for income or support loss.
(d)
(1)
The board may recognize an authorized representative of the victim or derivative victim, who shall represent the victim or derivative victim pursuant to rules adopted by the board.
(2)
For purposes of this subdivision, “authorized representative” means any of the following:
(A)
Any person who has written authorization by the victim or derivative victim. However, a medical or mental health provider, or agent of
the medical or mental health provider, who has provided services to the victim or derivative victim shall not be allowed to be an authorized representative.
(B)
Any person designated by law including, but not limited to, a legal guardian, conservator, or social worker.
(3)
Except for attorney’s fees awarded under this chapter, no authorized representative described in paragraph (2) shall charge, demand, receive, or collect any amount for services rendered under this subdivision.
(4)
The initial application materials sent by the board to an applicant shall be written in English, Spanish, Chinese, Vietnamese, Korean, East Armenian, Tagalog, Russian, Arabic, Farsi, Hmong, Khmer, Punjabi, and Lao. If the applicant selects one
of the languages listed in this subdivision, the board shall send all subsequent communications in that language.

Legislative History

Amended by Stats. 2015, Ch. 569, Sec. 1. (AB 1140) Effective January 1, 2016.