Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The competent professional authority
shall fill vacancies which occur after a local agency has reached its maximum
participation level by applying the following participant priority
system.
(b) The enrollment
priorities shall be as follows:
(1) Priority I
includes the following in rank order beginning with the highest:
(A) Pregnant women who have one or more
biochemical, physical, medical, or anthropometric risk factor(s) specified in
Section 40671 of these
regulations.
(B) Breastfeeding
women who have one or more biochemical, physical, medical, or anthropometric
risk factor(s) specified in Section
40671 of these
regulations.
(C) Infants who
possess one or more biochemical, physical, medical, or anthropometric risk
factor(s) specified in Section
40671 of these
regulations.
(2) Priority
II includes:
(A) Women who are breastfeeding
infants who qualify as Priority II and who have no other risk
factors.
(B) Infants up to six
months of age who do not qualify as Priority I and who were born to WIC
participants; infants up to six months of age who do not qualify as Priority I
and who were born to women who were not WIC participants during pregnancy, but
who were at nutritional risk during pregnancy due to one or more biochemical,
physical, medical, or anthropometric risk factor(s).
(3) Priority III includes the following in
rank order, beginning with the highest:
(A)
Children who have not reached the month of their third birthday and who possess
one or more biochemical, physical, medical, or anthropometric risk factor(s)
specified in Section
40671 of these
regulations.
(B) Postpartum women
who possess one or more anthropometric, biochemical, physical, or medical risk
factor(s) specified in Section
40671 of these
regulations.
(C) Children who have
reached the month of their third birthday and who possess one or more
biochemical, physical, medical, or anthropometric risk factor(s) specified in
Section 40671 of these
regulations.
(4) Priority
IV includes the following in rank order, beginning with the highest:
(A) Pregnant women with an inadequate
diet.
(B) Breastfeeding women with
an inadequate diet.
(C) Infants
with an inadequate diet.
(5) Priority V includes children with an
inadequate diet.
(6) Priority VI
includes postpartum women who are not breastfeeding and who currently have an
inadequate diet and no other risk factor(s).
(c) A breastfeeding woman and her infant
shall be placed in the highest priority level for which either is
qualified.
1. New
section filed 8-23-89; operative 8-23-89 (Register 89, No. 38).
2.
Governor Newsom issued Executive Order N-40-20 (2019 CA EO 40-20), dated March
30, 2020, which allowed the director of the State Department of Public Health
to make temporary changes to certain regulations relating to the Women,
Infants, and Children Program, due to the COVID-19
pandemic.
Note: Authority cited: Sections 311 and 312, Health
and Safety Code. Reference: Sections 311 and 312(f), Health and Safety
Code.
