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HomeMy WebLinkAboutMINUTES - 08201985 - 1.5 (2) ,THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA • ''Adopted this Order on August 20, 1985 , by the following vote: . AYES: Supervisors . Powers , McPeak , Torlakson, Fanden . NOTES: None. ABSENT: Supervisor Schroder . ABSTAIN: None . SUBJECRanda3ds for Administration of the General Assistance Program RESOLUTION NO. 85/ 505 The Contra Costa County Board of Supervisors RESOLVES that: In accordance with California Welfare and Institutions Code, Section 17000 et seq. , Resolution No. 79/88 and Resolution No. 79/446 and subsequent amendments thereto, the Contra Costa County Board of Supervisors hereby amends Resolution 83/1008 , as amended by Resolution No. 85/58 and Resolution No. 84/72, to substitute the following provisions, ADOPTS the Report and recommendations of the County Welfare Director as its findings and ADOPTS the following standards of aid and care for the indigent and dependent poor of the County (General Assistance) , effective September 1, 1985 . These standards govern the General Assistance Program of Contra Costa County. I . Persons Eligible for General Assistance An applicant for or recipient of General Assistance must meet all of the following criteria: A. Must be at least 18 years of age or legally married or disqualified for AFDC by limitations placed on State- only AFDC-U program under 1982 Statutes, Chapter 327 . B. Must be a legal residents with an address in Contra Costa County which can be given to the Social Service Department as the applicant' s place of residence. Cl. Must be without sufficient income or resources to meet basic needs, based upon the following basic need allowance: GA Budget Unit 1 person, independent living arrangement Supplemental Maximum Housirg Food Food Allowance Personal Needs Transportation Grant $132 $76 $3 $7 $6 $224 1 person, sharing housing $112 $76 $3 $7 $6 $204 2 persons, mutually responsible $224 $138 $6 $14 $12 $394 Orig. Dept. Social Service CC: County Administrator Auditor-Controller County Counsel RESOLUTION NO . 85/505 page 2 1 . For budget units of 3 or more applicants or recipients: a. Basic need allowances for food shal be calculated as follows: Budget Food Supplementary Unit Size Allowance Food Allowance 3 $196 $ 9 4 $247 $12 5 $295 $15 6 $350 $18 7 $392 $21 8 $449 $24 9 $507 $27 10 $563 $30 b. An additional allowance for housing costs, above the maximum amount of $224, may be allowed as a special need upon the - Social Service Director's determination. c. Personal need and transportation allowances shall be the amount provided for 1 person times the number of persons in the budget unit. D. Must not be in receipt of or eligible to categorical cash assis- tance in the same month. Where an individual makes himself or herself ineligible for categorical aid or refuses to cooperate with GA program requirements, he or she renders himself or her- self ineligible for General Assistance. E. Must meet the General Assistance eligibility standards outlined below. II . Eligibility Deterioination A. Employability 1 . An applicant or recipient who does not have a medically verified physical or mental disability, or who has not been determined to be vocationally unemployable by the Vocational Services Division, shall be determined .to be employable. 2. An applicant or recipient who is determined to be employable is subject to the following additional conditions of eligibility: a. Must be available for and actively seeking employment. b. Must not have failed to continue in employment without good cause within 60 days of application. c. Must actively participate in the program of the Vocational Services Division of the Social Service Department. d. Must actively participate in the program of the California Employment Development Department (EDD) or other manpower program to which the applicant or recipient is referred. e. Must accept any reasonable job offer. f. To be eligible for General Assistance, an employable applicant or recipient must agree to participate in the Workfare Program. Failure to participate or cooperate without good and sufficient reason will subject the applicant or recipient to denial or discontinuance of cash aid and imposition of a period of ineligibility as set forth in Part V. 3. An applicant or recipient who is determined to be unemployable (this is, mentally or physically disabled, as verified by a physician) , or determined to be vocationally unemployable, is subject to the following additional conditions of eligibility: a. Must cooperate in obtaining medical verification and confirma- tion of unemployability as directed by the Social Service Department. b. Must, if aged, blind or disabled, apply for that assistance program provided for under Title XVI of the Social Security Act as implemented by Welfare & Institutions Code 12000 et seq, known as Supplemental Security Income/State Supplemental Program (hereafter SSI/SSP) and follow through with appeal RESOLUTION NO . 85/505 page 3 processes through the Social Security Administration. In addition, such applicants must sign an agreement (SSP-14) authorizing the Social Security Administration to make the initial SSI/SSP payment to the County and authorizing the County to deduct from such pay- ment the amount of General Assistance paid to the recipient while SSI/SSP was pending. c. Must cooperate in the determination of eligibility for benefits from any State, Federal or other source. d. Must cooperate in obtaining medical or psychiatric examinations and medical or psychiatric care or treatment to correct or alle- viate medical or psychiatric conditions which cause unemploya- bility. e. Must actively participate in any training, re-training, educational or rehabilitation program as required by the Social Service Depart- ment. B. Property 1 . Real Property a. Home: The applicant's or recipient's own home in which he or she is living is excluded in determining eligibility. b. Real Property other than the home renders the applicant or recipient ineligible for General Assistance. 2. Personal Property In so far as it is possible, an applicant for or recipient of General Assistance shall be required to apply his or her own personal property to his or her support; subject to the provisions set forth below: a. Liquid Assets: Liquid assets are defined as cash, bank accounts, credit union shares, securities, stock or bonds, cash surrender value of insurance policies or other negotiable instruments read- ily convertible to cash. Liquid assets which are immediately avail- able must be applied towards the applicant's or recipient's support. In determining need and eligibility, such assets shall be budgeted as though they were income. Other liquid assets are subject to the rule governing available property. b. Motor Vehicle: One motor vehicle is excluded in determining elig- ibility if its value as determined by the Social Service Department does not exceed $1 ,500. In determining this value, the Social Service Department shall not reduce the value by any amounts owing on the vehicle. c. Personal effects: tools of the trade, an interment space, crypt or niche, and the first $500 for a burial or funeral trust for each budget member is excluded in determining eligibility. d. All other personal property: the value of other personal property may not exceed $500 .in order for the GA applicant or recipient to be eligible. 3. Available Property Where the applicant or recipient owns and possesses liquid assets that are not immediately available or other property in excess of the standards set forth above, and is unable to utilize such prop- erty for his or her immediate support, he or she may be aided for a period of one month upon the Social Service Director's authoriza- tion, to provide him or her with an opportunity to convert the property for use toward his or her support. 4. Transfer of Property a. When property is transferred by an applicant or recipient, within 12 months preceeding the date of application, whether by conver- sion to other property, conversion to cash, or expenditure of liquid assets, the purpose and intent of the transferor must be evaluated. The burden of proof that the transfer was not made to qualify for aid, or for a greater amount of aid, or to avoid utilization, is on the applicant or recipient. b. Transfers of property made to qualify for aid or for a greater amount of aid, or to avoid utilization, result in ineligibility. RESOLUTION NO. 85/505 pAge 4 c. The applicant or recipient who has transferred property which results in ineligibility remains ineligible for the period not to exceed twelve months during which the proceeds would have supported him at the rate of $250 per month for one person, plus $100 per month for each edditional person. C. Income All currently available net income (which shall include liquid assets) as determined by the Social Service Department shall be deducted from the maximum basic need allowance to determine the amount of the grant which may be authorized. D. GA Budget Unit 1 . The GA budget unit consists of the GA applicant or recipient and those household members who are legally or financially responsi- ble for him or her. Other household members who are legally or financially dependent on any member of that group will also be included. 2. The GA budget unit must meet the property and income limits as a group in order for anyone to be eligible for GA. 3. If responsible persons receive categorical cash assistance, they are not included in the budget unit, and their property and income is excluded in determining eligibility of the GA applicant or recipient. III . Additional Conditions of Eligibility A. Review of Eligibility 1 . A review of eligibility factors will be made at intervals as determined by the Social Service Department but at least once every 12 months. 2. Monthly determinations will be made by review of the Monthly Eligibility and Income Report required from all GA recipients. Failure to submit the required report shall result in the dis= continuance of aid. B. Exploration of Resource Potential GA applicants or recipients must take all actions necessary to obtain any available resources. C. Responsibility for Support 1 . A determination of support from all sources shall be made at the time GA is tranted. 2. Responsible persons include the spouse and parents of minor children who have a legal responsibility to support, as well as any other persons who have assumed responsibility for the support of the applicant or recipient. 3. An applicant or recipient is not eligible unless such person has made reasonable efforts to obtain support from all sources including legally responsible relatives. 4. As a condition of eligibility for General Assistance, an applicant or recipient must provide available information as to the identity and whereabouts of persons who may or may not assume responsibility for his or her support as well as information as to the source and amount of support pro- vided from any source during the past 12 months. 5. An applicant or recipient who lives with a responsible person(s) is not eligible unless the entire budget unit meets the property limits and need standard for General Assistance. D. Verification 1 . An applicant or recipient must provide all information required for the determination and verification of eligibility and com- pliance with these standards and the Social Service Department Manual of Policies and Procedures, including, but not limited to, name, address and personal identification. RESOLUTION NO. 85/505 page 5 2. An applicant or recipient is required to consent to the Social Service Department's investigations and inquiries reasonably necessary to verify eligibility at any time. 3. An applicant or recipient must consent to reasonable inspection, review, monitoring and audit of his or her household and records by authorized representatives of the Social Service Department. E. Alcohol Abuse Applicants or recipients must accept referral to County Health Services Alcohol Information and Rehabilitation Services (AIRS) by the Social Service Department, and actively and cooperatively participate in any treatment program recommended by AIRS for such persons. IV. General Assistance Payments A. Basic needs are budgeted as specified in the Social Service Depart- ment Manual of Policies and Procedures for food, personal needs, transportation and housing, the total of which shall not exceed the GA maximum basic need allowances stated in section I , C above. B. The amount of basic need assistance allowed is determined by adding and subtracting net income as determined by the Social Service Depart- ment. C. In addition to basic need assistance (for persons determined eligible for a GA grant under IV. B, .above) , an allowance for special needs may be provided for required special diets, transportation to seek work or to participate in required treatment programs , restaurant meals , employment or training expenses, clothing, excess housing costs for budget units of three or more recipients, or other extra- ordinary needs not included in the basic need allowance in such amounts as may be approved in writing by the Social Service Direc- tor or his designees. D. Overpayments of aid are subject to liquidation in accordance with the Social Service Department Manual of Policies and Procedures. V. Sanctions for Failure to Cooperate or Comply Initial and continued eligibility is conditioned upon the applicant's and recipient's full cooperation with the Social Service Department and upon compliance with all applicable policies and regulations governing the GA program. Applicant and recipient responsibilities embodied in this resolution include, but are not limited to, those set forth on forms GA 3 and GA 4, which are provided to and shall be executed by all applicants prior to the granting or restoration of aid. Where work-related failures or failures to cooperate with Quality Control are made by applicants or recipients sanctions may be imposed as follows: A. Once forms GA 3 and GA 4 are executed, an applicant who demonstrates his or her unwillingness to cooperate or to comply with program re- quirements by failing to meet any one of his or her responsibilities without good cause shall be denied aid and the following period of ineligibility shall be imposed: The period of ineligibility shall be one month upon the first denial of aid. The period of ineligibility shall be two months upon the second denial of aid for failure of the same kind occurring within 12--months. The period of ineligibility shall be three months upon the third or additional denial of aid for failure of the same kind occuring within 12 months. B. Once aid is granted, a recipient who demonstrates his or her unwill- ingness to cooperate with the Social Service Department or to comply with program requirements by failing to meet any one of his or her enumerated responsibilities without good cause, shall be discontinued and the following period of ineligibility imposed: The period of ineligibility shall be one month upon the first discon- tinuance of aid. The period of ineligibility shall be two months upon the second discontinuance for a failure of the same kind occur- ring within 12 months.. The period of ineligibility shall be three months upon the third or additional denial of aid for a failure of the same kind occurring within 12 months. RESOLUTION NO. 85/505 page 6 C. When an applicant for aid is denied, a new application shall be required to establish eligibility; when a recipient is discontinued, a new application shall be required to establish eligibility. D. Notice and Appeal Procedure re Sanctions 1 . Before denying aid or establishing ineligibility pursuant to part V. A. , the applicant shall be advised of the reason for denial of aid or ineligibility. 2. Before discontinuing aid or establishing ineligibility pursuant -to parts V. B, or V. C, the recipient shall be advised of the reason for discontinuing aid or establishing ineligibility and given an opportunity to respond personally or in writing to the Department regarding the proposed action. Any timely response shall be considered before action is taken. 3. Any person denied aid, discontinued from aid or for whom ineli- gibility for aid is established may request a hearing and deter- mination from the Department, and appeal the Department's deter- mination to the Board of Supervisors. VI . Interim General Assistance Reimbursement Program A. County' s Program In accordance with P.L. 94-365 and 42 U.S.C. 1383(g), and with the "Agreement for Reimbursement to State for Interim Assistance Pay- ments Pursuant to Section 1631 (g) of the Social Security Act" be- tween the U.S. Secretary of Health, Education and Welfare and the State of California, as executed on February 11 , 1975, which pro- vides for reimbursement to the State, or certain counties thereof, for "interim assistance" paid to eligible applicants for SSI/SSP benefits while such application is pending; and pursuant to the "Contract for the Interim Assistance Program" between the State of California Department of Social Services and the Contra Costa County Board of Supervisors, which permits the County to partici- pate- in the State's "Interim Assistance Program", the County here- by adopts and establishes a Contra Costa County Interim General Assistance Reimbursement Program. B. Interim General Assistance Under the County's Program, General Assistance paid to those per- sons who are subject to paragraph II , A, 3, b, herin, shall be considered "Interim General Assistance" where it is paid during the period beginning with the filing of an application for Fed- erally paid SSI/SSP benefits for which said person is ultimately determined eligible, and ending with the first regular SSI/SSP payment made thereunder. C. Program Operation Subject to the recipient's right to State hearing, Interim Gen- eral Assistance shall be repaid to the County from the recipient's Federally paid SSI/SSP benefits. VII . Additional Provisions A. Return to Residence Persons who are not residents of Contra Costa County, but otherwise would be eligible for General Assistance on the basis of property and income, may be provided County funds by the Social Service Department in order to return such persons to their place of resi- dence. In order to discourage a transient life-style which is a drain on county taxpayers , persons who return to this County after being transported out of County are ineligible to further County funds for 60 days from date of departure. If the place of resi- dence has a source of support which is still available such per- sons are not eligible to any further General Assistance. RESOLUT70N NO . 85/505 page 7 B. Emergency Assistance Not withstanding the provisions above, the County Social Service Director, or his designee, may determine in writing that an appli- cant not otherwise eligible to General Assistance, or further Gen- eral Assistance, may be granted emergency assistance for not more than one month because of emergency circumstances which are caused by fire, accident, illnees, natural disaster, unemployment, crime against the applicant, agency delay or error, of causes which re- sult in formal notice of eviction, in utility shut-off, or in lack of food and there are no other resources to meet the need. VIII . Social Service Department Manual A. Subject to the provisions contained herein, the General Assistance standards and policies of the Contra Costa County Board of Supervis- ors are expressed in the Social Service Department Manual of Policies and Procedures. B. The County Welfare Director is empowered to adopt procedures and pol- icies for the operation of the General Assistance program which are consistent with and within the scope of this resolution, and to pub- lish same in the Social Service Department Manual of Policies and Procedures. IX . Hearings Applicants and recipients are entitled to notice, hearings and appeals as provided in the Social Service Department Manual , this Resolution and Resolution Nos. 74/365 and 75/28. X. Administrative Review Panel A. The Department of Social Service shall establish an Administrative Review Panel which shall review and make recommendations to the Director of Social Service regarding evidentiary hearing decisions which are appealed to the Board of Supervisors. B. Any interested person may file a written challenge with the Director of the Social Service Department objecting in whole or in part to regulations of the Department or of the Board of Supervisors govern- ing the General Assistance Program. The Administrative Review Panel shall review any such challenge. It shall make a recommendation to the Director of the Social Service Department concerning such a chal- lenge within six weeks from the date of its receipt. The Director's determination may be appealed to the Board of Supervisors by written notice of appeal , stating the facts and authorities on which it is based, delivered to the Clerk of the Board of Supervisors , within two weeks from the date the Director's determination is mailed to appellant. 1 hereby certify that this is a true and correct copy of an action taken crd entered on the minutes of the Board of Supe:r?s^rs on ::,e date sti 1awwn. ATTESTPD: 011 By /f .f;CP� , Deputy RESOLUTION. NO. 85/505 ESTABLISHING MAXIMUM GENERAL ASSISTANCE GRANT LEVELS .This report is submitted to establish the basis for General Assistance Program maximum allowances based-upon factual findings as to the current needs of General Assistance recipients. RECOMMENDED STANDARDS OF ASSISTANCE I. Housing (rent and utilities): A. Premises: A reasonable maximum monthly allowance should be provided for General Assistance housing costs, including rent and utilities. This allowance should not exceed the cost of housing generally available for General Assistance recipients. B. Derivation of a Reasonable Allowance: .In order to establish a reasonable allowance for housing costs, the Department took a randomly selected sample to determine the average actual monthly cost of housing to persons presently receiving General Assistance. The data gathered showed that 78% of the sample lived in a shared housing arrangement and 22% lived in an unshared housing arrangement. The results showed that the mean actual cost of unshared housing to current recipients is $132 and the mean actual cost of shared housing is $112. A summary of the survey data is attached as Appendix 1. As the mean actual cost of housing is a reasonable allowance, we have established our recommended allowances at these amounts. C. Proposed Maximum Housing Allowance: In view of the foregoing facts, the Department hereby recommends that the Board establish the following standards for housing allowances: For unshared housing, the monthly allowance should be $132. For persons residing in shared housing, the rate should be $112. Additionally, we believe a further rate should be established for persons residing in shared housing involving two or more persons receiving General Assistance of $224. One-person budget units -2- represent about 97% of the GA caseload. Almost all of the remaining 3% are two-person budget units usually consisting of a husband and wife. It is possible, however, for there to be budget units of three or more persons. Should such a budget unit need a housing allowance of more than $224, they should be permitted to apply for a special need allowance to meet their additional housing needs. II. Food A. Premises: A reasonable monthly allowance should be provided to all General Assistance recipients which is sufficient to purchase a nutritionally adequate diet, without regard to the availability of the Food Stamp Program to increase food purchasing power. B. Derivation of a Reasonable Allowance: The United States Department of Agriculture prepares statistical data on the cost of several nutritionally adequate diets. The least costly and yet nutritionally adequate diet is described as a "thrifty food plan", and it is on the basis of this plan that the U.S.D.A. establishes the benefits to be payable under the Food Stamp Program. Under the Food Stamp Program, a table of graduated allowances provides for the actual monthly cost to any given number of persons comprising a single household to purchase an adequate and nutritionally sound diet. In order to avoid the unnecessary duplication of effort that would be required in the development of a minimum standard for a nutritionally adequate diet, the Department has proceeded on the basis of the U.S.D.A. thrifty food plan allowance and, thus, recommends a monthly allowance for food in accordance with the U.S.D.A. published standards. The "Thrifty Food Plan" figures were not revised this year. C. Proposed Maximum Food Allowance: In view of the foregoing facts, the Department hereby recommends that the -3- Board 3-Board retain the following monthly allowances for food: . for a one-person household, $76; for a two-person household, $138; for a three-person house- hold, $196-; for households of greater size, refer to Appendix 2. In addition to these figures, the Department recommends that the Board retain the Supple- mental Food Allowance of $3 per person. III. Personal Needs A. Premises: An allowance should be made for the personal needs of recipients in order to encourage acceptable standards of appearance and hygiene. B. Derivation of a Reasonable Allowance for Personal Needs: In determining a reasonable allowance, the Department conducted a survey of six County stores. The Department believes that the items and cost data in- cluded in that study reasonable represent the cost of those items of personal need essential for an individual. A summary of this data is set forth in Appendix 3. The data from this study indicates that the average monthly personal need of a recipient is $6.56. This figure is arrived at by averaging the costs between men and women to provide a standard which is applicable to all recipients. C. Proposed Personal Needs Allowance: In view of the foregoing facts, the Department recommends that the Board establish a standard allowance of $7 per month for the miscellaneous personal needs of General Assistance recipients. IV. Transportation A. Premises: The General Assistance allowance should include an allowance for essential local transportation. -4- B. Derivation of a Reasonable Allowance for Local Transportation: Public bus transportation is available in the County. The cost of a round trip by bus on the local bus lines is $1. 20. One round trip a week is adequate to meet the minimum need for essential local transporta- tion. Accordingly, the Department recommends that the Board establish $6.00 as the monthly allowance for essential local transportation. This figure is arrived at by multiplying the average number of weeks in a month (4-1/3) by the maximum cost of one local round trip by bus per week. C. Proposed Transportation Allowance: In view of the foregoing facts, the Department hereby recommends that the Board establish the following standard allowance for transportation: $6.00 per month. V. Special Needs In addition to the aforementioned basic needs provided for all recipients, the County recognizes that some recipients have needs which are not common to recipients in general, and these are provided for as "special need allowances". Allowances for extraordinary needs not included in the basic need allowance shall be determined by the Social Service Director. SUMMARY OF RECOMMENDATIONS FOR THE ESTABLISHMENT OF MAXIMl11 GENERAL ASSISTANCE GRANT ALLOWANCES The Social Service Department recommends that the maximum General Assistance mrant be: $224 per month for one person living in an unshared housing arrangement and $201 per month for one person living in a shared housing arrangement(2) . Basic Allowances Supple- GA mental Pers. Transpo r- Budget Unit Housing-) Food Food Needs tation Total 1 Person/Unshared $132 $76 $3 $7 $6 $224 1 Person/Shared $112 76 3 7 6 $204 2 Persons Mutually $224 $138 $6 $14 $12 $394 Responsible (1 ) Present Maximum is $205 (2) Present Maximum is $169 Summary of GA Sample Data Total Shared Unshared Sample size Cases 127 99 28 Persons 137 103 34 Total Rent $119487. 58 $41,483.81 & Utilities Mean $ 111 .53 $ 131 .88 ANNUAL COST OF PERSONAL NEED ITEMS AT SIX STORES, 4/85 Stores Surveyed: Safeway - Antioch Bruno 's Market - West Pittsburg Cotright's Market - Richmond Longs - San Pablo Food Bowl - San Pablo Lucky 's - .Richmond ff TEMS ANNUAL QUANTITY AVERAGE ANNUAL COST , soap 18 bars $ 5.40 Brush 2 1.97 Toothpaste 7 tubes, 2.7 oz each 8.12 Comb IL Brush 1 each .80/1.66 Shampoo 4 bottles, 16 oz. each 7.65 Washcloth 1 1.01 Bath towel 1 3.97 Deodorant 5 bottles, 2.5 oz. each 10.09 Dishimshing soap 3 bottles, 22 oz. each 2.82 Laundry soap 6 boxes, 20 oz. each 5.95 Razor Blades 3 packs, 10 each 7.91 Shaving cream 2 c 11 oz. each 3.00 Toilet paper 6 - 4 packs 6.12 Shoe Laces 2 packages .61 MANS ANNUAL TOTAL $67.08 Cosmetics 1 each, lipstick & mascara 1.85/2.29 Sanitary pads 12 boxes, 12 in each 19.30 WOMAN'S ANNUAL TOTAL $90.52 MONTHLY AVERAGE'- Using voman's annual total $ 7.54 Thrifty Food Plan Allowances as of November 1 , 1984 Household Size Allowance 1 $ 76 2 138 3 196 4 247 5 295 6 350 7 392 8 449 9 507 10 563