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HomeMy WebLinkAboutMINUTES - 09131988 - 1.91 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 13, 1988 by the following vote: AYES: Supervisors Powers , Fanden, McPeak, Torlakson, Schroder. NOES: None . ABSENT: None .; ABSTAIN: None . SUBJECT: Standards for Administration of the General Assistance Program RESOLUTION NO. 881576 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 87/493 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 August 1 , 1988 . 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 categorical assistance. B. Must be a legal resident with an address in Contra Costa County which can be given to the Social Service Department as the applicant' s place of residence. Other conclusive evidence of residency, as determined by the Department of Social Service, may be substituted for the address requirement if the applicant or recipient does not have an address. C. 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 Personal Maximum Housing Food Food Allowance Needs Transportation Grant $170 . $ 87 . $3 . $16 . $ 8 . $ 284 . 1 person, sharing housing $136 . $ 87 . $3 . $16 . $ 8 . $ 250 . 2 persons, mutually responsible $272 . $159 . $6 . $32 . $16 . $ 485 . RESOLUTION NO. 88/ 576 Page 2 1. For budget units of 3 or more applicants or recipients: a.. Basic need allowances for food shall be calculated as follows: Budget Food Supplementary Unit Size Allowance Food Allowance 3 $ 228 . $ 9 . 4 $ 290 . $ 12 . 5 $ 344 . $ 15 . 6 $ 413 . $ 18 . 7 $ 457 . $ 21 8 $ 522 . $ 24 . 9 $ 587 . $ 27. 10 $ 652 . $ 30 . b. An additional allowance for housing costs, above the maximum amount of $272 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 assistance in the same month. Where an individual fails to take all reasonable steps to establish or maintain his or her eligibility for categorical aid, or refuses to cooperate with GA program requirements, he or she renders himself or herself ineligible for General Assistance. E. Must meet the General Assistance eligibility standards outlined below. II . Eligibility Determination 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 General Assistance Work Programs of the Social Service Department. d. Must actively participate in any 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. RESOLUTION NO. 88/576 Page 3 3 . An applicant or recipient who is determined to be unemploy- able (this is, mentally or physically disabled, as verified by a physician) , or determined to be vocationally unemploy- able, is subject to the following additional conditions of eligibility: a. Must cooperate in obtaining medical verification and confirmation 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 and Institutions Code 12000 et seq, known as Supplemental Security Income/State Supplemental Program (hereafter SSI/SSP) and follow through with appeal 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 payment 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 alleviate medical or psychiatric conditions which cause unemployability. .e. Must actively participate in any training, re-training, educational or rehabilitation program as required by the Social Service Department. 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 readily convertible to cash. Liquid assets which are immediately available 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 deter- mining eligibility if its value as determined by the Social Service Department does not exceed $1 , 500 . In RESOLUTION NO. 88/ 576 r Page 4 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 property for his or her immediate support, he or she may be aided for a period of one month upon the Social Service Director ' s authorization, 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 preceding the date of application, whether by conversion 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. 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 $325 per month for one person, plus $150 per month for each additional 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 responsible for him or her. Other household members who are legally or financially dependent on any member of that group will also be included except that minor children who are receiving OASDI survivors benefits are excluded. 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. RESOLUTION NO. 88/ 576 • Page 5 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 discontinuance 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 granted. 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 provided from any source during the past 12 months. 5 . An _applicarit or recipient who lives with a responsible person(s) is not eligible unless the entire budget unit meets the property limits and need standard of General Assistance. D. Verification 1. An applicant or recipient must provide all information required for the determination and verification of eligi- bility and compliance with these standards and the Social Service Department Manual of Policies and Procedures, including, but not limited to, name, address, and person identification. 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 inspec- tion, review, monitoring and audit of his or her household and records by authorized representatives of the Social Service Department. E. Alcohol/Drug Abuse Applicants or recipients must accept referral to County Health Services Alcohol Information and Rehabilitation Services (AIRS) or to the Drug Abuse Program, and actively and cooperatively participate in any treatment program recommended by Health Services for such persons. RESOLUTION NO. 88/ 576 Page 6 IV. General Assistance Payments A. Basic needs are budgeted as specified in the Social Service Department 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 need items and subtracting net income as determined by the Social Service Department. 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 extraordinary needs not included in the basic need allowance in such amounts as may be approved in writing by the Social Service Director 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 201A and GA 34 , 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 201A and GA 34 are executed, an applicant who demon- strates his or his unwillingness to cooperate or to comply with program requirements by failing to meet any one of his or her responsibilities without good cause shall be denied aid and a thirty day period of ineligibility shall be imposed. B. Once aid is granted, a recipient who demonstrates his or her unwillingness 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 a one month period of ineligibility imposed. 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. RESOLUTION NO. 88/ 576 Page 7 •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 ineligibility for aid is established may request a hearing and determination from the Department, and appeal the Department' s determination 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 (8) , and with the "Agreement for Reimbursement to State for Interim Assistance Payments Pursuant to Section 1631(g) of the Social Security Act" between the U.S. Secretary of Health, Education and Welfare and the State of California, as executed on February' ll , 1975 , which provides 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 participate in the State' s "Interim Assistance Program" , the County hereby 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 persons who are subject to paragraph II .A, 3 ,b herein, shall be considered "Interim General Assistance" where it is paid during the period beginning with the filing of an application for Federally 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 General 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 other- wise 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 residence. 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 residence has a source of support which is still available, such persons are not eligible to any further General Assistance. RESOLUTION NO. 88/ 576 • Page 8 x B. Emergency Assistance Not withstanding the provisions above, the County Social Service Director, or his designee, may determine in writing that an applicant not otherwise eligible to General Assistance, or further General Assistance, may be granted emergency assistance for not more than one month because of emergency circumstances which are caused by fire, accident, illness , natural disaster, unemployment, crime against the applicant, agency delay or error, of causes which result 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 Assist- ance standards and policies of the Contra Costa county Board of Supervisors are expressed in the Social Service Department Manual of Policies and Procedures. B. The County Welfare Director is empowered to adopt procedures and policies for the operation of the General Assistance program which are consistent with and within the scope of this resolution, and to publish 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 Resolutions 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 governing 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 challenge 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. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supe71rson the date shown. / ATTESTED: ` o PHIL BATC LOR, Clerk of the Board of Supervisors and County Administrator 13Y � , Deputy cc : County. Administrator Auditor-Controller Social Services RESOLUTION NO. 88/ 576