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HomeMy WebLinkAboutMINUTES - 08011995 - D8 ADDENDUM TO ITEM D.8, C.51 AND C.52 AUGUST 1, 1995 On this date, the Board of Supervisors considered the report from the Family and Human Services committee relative to shared housing adjustment for General Assistance recipients (item D.8), the adoption of a resolution establishing General Assistance Hearing and Appeal Procedures (item C.51), and the adoption of a resolution establishing General Assistance Standards of Assistance regarding direct vendor payments as in-kind assistance and regarding the in-kind value of shelter care (item C.52). The following persons presented testimony: Philip Bertenthal, P.O. Box 2289, Richmond, representing contra Costa Legal Services Foundation; , Susan Prather, El Cerrito; Bruce Oberlander, P.O. Box 31, Concord; Joan Stern, 2124 Anneita Drive, Pleasant Hill, representing Crisis and Suicide Intervention. After discussion by the Board, Supervisor Smith moved approval of a resolution establishing General Assistance Hearing and Appeal Procedures as modified as stated in Mr. Bertenthal's letter to the Board of Supervisors dated July 27, 1995, to increase the notice time for homeless recipients to seventeen days and to more clearly delineate the hearing postponement requirements, and to clearly identify when people will be reinstated as Mr. Berthenthal has listed. Supervisor Rogers seconded the motion. The vote on the motion was as follows: AYES: Supervisors Rogers, Smith and Torlakson NOES: Supervisors Bishop and DeSaulnier ABSENT: None ABSTAIN: None Supervisor Smith moved to discuss the item listed as D.8 since the material had not been presented in a timely manner to comply with the Better Government Ordinance. Supervisor Rogers seconded the motion. The vote to consider the item was unanimous by the five Supervisors present. Supervisor Smith moved to refer the review of the contract with Shelter, Inc. to the Family and Human Services Committee for report to the Board on August 8, 1995. Supervisor DeSaulnier seconded the motion. i i Supervisor Bishop requested that the issue of the homeless hotline and the use of Crisis and Suicide Prevention be referred to the Family and Human Services Committee. Supervisor Smith concurred. The vote on the motion was unanimous by the five Supervisors present. Supervisor DeSaulnier moved adoption of the staff recommendations with Supervisor Smith's recommendation 2A and to have staff come back to the Board with a more defined, narrowed definition of relatives. Supervisor Torlakson seconded the motion. Supervisor Smith moved to amend the motion to include a report from Sacramento about the implications of whatever they will do on this policy and procedure. Supervisor DeSaulnier concurred. Supervisor Rogers moved to amend the motion to include that if a waiver is obtained, that the Board would revisit this matter and eliminate it. Supervisor Torlakson requested that staff bring back a report on the process by which a waiver could be pursued. Supervisor Smith indicated that would be agendized next week. The vote on the motion was unanimous by the five Supervisors present. Supervisor DeSaulnier moved adoption of the resolution establishing General Assistance Standards of Assistance regarding direct vendor payments as in-kind assistance and regarding the in-kind value of shelter care, with non-sectarian removed. Supervisor Smith seconded the motion. The vote on the motion was unanimous by the five Supervisors present. . **************** The resolutions listed under D.8, C.51 and C.51 were approved with amendments and due to the extent of the amendments, the Clerk of the Board was instructed to relist the resolutions for final adoption on the August 8, 1995, Board agenda. TO:. BOARD OF SUPERVISORS HS-03 :? .. Contra FROM: FAMILY AND HUMAN SERVICES COMMITTEE J Costa ` ATE: "July 31, 1995 County SUBJECT: SHARED HOUSING ADJUSTMENT FOR GENERAL ASSISTANCE RECIPIENTS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. Supervisor Smith RECOMMENDS against adoption of the proposed Resolution concerning General Assistance recipients in shared housing: A. Supervisor Smith believes the proposed Resolution will discourage General Assistance clients.from living with their families, marrying persons with whom they live, and adopting children. B. Supervisor Smith believes the proposed Resolution will encourage General Assistance clients to lie that they are homeless. C. Supervisor Smith believes the proposed Resolution will result in more enforcement and administrative costs for the Social Service Department. D. Supervisor Smith believes that the proposed Resolution will result in significant financial savings only if a large number of General Assistance recipients share housing. E. Supervisor Smith believes the Board of Supervisors should not adopt a shared housing Resolution until the State Budget, including changes .in General Assistance laws, is adopted. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CO ITT E APPROVE OTHER JEFF SMITH SIGNATURE 5: ACTION OF BOARD ON August 1, 1995 P OVED AS RECOMMENDED OTHER _X See Addendum for Board actions and votes VOTE OF SUPERVISORS See Addendum .1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. County Administrator CC: County Counsel ATTESTED August 1, 1995 Acting Social Service Director PHIL BATCHELOR,CLERK OF THE BOARD OF Health Services Director SUPERVISORS AND COUNTY ADMINISTRATOR Public Health Director M382 (10/88) BY DEPUTY HS-03 2. Supervisor Smith RECOMMENDS that, if the proposed Resolution concerning General Assistance clients in shared housing is adopted, then the proposed Resolution should be: A. Modified to narrow the definition of relatives. B. Made effective September 1, 1995. 3. Supervisor Smith RECOMMENDS that the Board of Supervisors DIRECT the Family and Human Services Committee to review the full text of the proposed contracts with Shelter, Inc. before they are presented to the Board of Supervisors on August 8, 1995 for approval. BACKGROUND: On July 25, 1995, the Board of Supervisors agreed to have our Committee take another look at the shared housing provisions of the General Assistance Program. At the July 31, 1995 Committee meeting, Supervisor Smith met with staff from the Social Service Department, the County Counsel's Office, Legal Services Foundation and homeless advocates. Supervisor DeSaulnier was unable to attend the meeting. The Acting Social Service Director presented our Committee with the attached Resolution, which provides for dividing the multiple person budget unit standard by the number of persons in the budget unit up to four persons. No additional adjustment will be made for households (budget units)with more than four persons. Supervisor Smith reiterated his objections to the proposed Resolution, as outlined above. Phil Bertenthal from the Legal Services Foundation suggested that the County return to the 15%, 20% and 25%reductions for shared housing that were in effect prior to January 1, 1995, which he maintains are more moderate than the reductions contained in the proposed Resolution. In terms of the contracts with Shelter, Inc., Supervisor Smith believes that the dollar value of the contracts should be reduced to eliminate case management from the contracts before they are presented to the Board of Supervisors for approval on August 8, 1995. Supervisor Smith believes that this would be consistent with the Board's direction on July 25, 1995 that the Social Service Department provide case management services to GA residents of the shelters and that the Health Services Department provide case management services for the non-GA residents of the shelters. Supervisor Smith believes that the Family and Human Services Committee should review these contracts to insure that they comply in full with the Board's directions of July 25, 1995. fi 2 ATTACHMENT #3 d THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA D Adopted this Order on August 1, 1995 by the following vote: -( ��"��y��' AYES: NOES: ABSENT: ABSTAIN: SUBJECT: Standards for Administration of the RESOLUTION NO. 951 General Assistance Program The Contra Costa County Board of Supervisors RESOLVES that Board of Supervisors Resolution No. 91/606, as amended, is further amended as follows effective September 1, 1995: Part 1. Standards of Assistance 102. The general assistance standards of aid for applicants or recipients living alone or with specified relatives are established by budget units consisting of the following persons: (1) The General Assistance applicant or recipient; and (2) The following persons living with and related to the applicant or recipient by birth, marriage, or adoption: mother, father, brother, sister, daughter, son, grandmother, grandfather, aunt, uncle, niece and nephew. (a) The standard of General Assistance aid for each person in a budget unit exceeding one shall be an amount equal to the multiple person budget unit standard divided by the number of persons in the budget unit. Any budget unit with five-or more persons shall be considered as having four persons in the budget unit. Part 5. Budget Unit and Assistance Unit Limitations on Eligibility 501. The General Assistance budget unit consists of the General Assistance applicant or recipient and those household members who are related to him or her by birth, marriage or adoption (mother, father, brother, sister, son, daughter, grandmother, grandfather, aunt, uncle, niece and nephew), except that minor children who are receiving OASDI survivors benefits are excluded. The assistance unit consists of those persons in the budget unit who are applying for General Assistance, and their legally responsible relatives (spouse for spouse and parent for minor children). 502. The General Assistance assistance unit must meet the property and income limits as a group in order for any member of the assistance unit to be eligible for General Assistance. 503. If legally responsible persons receive categorical cash assistance, they are included in the budget unit, but their property and income is excluded in determining eligibility of the General Assistance applicant or recipient. RESOLUTION NO. 95/ Contact Person: Jewel Mansapit (Social Service Department) 313-1601 LAW OFFICES OF CONTRA COSTA LEGAL SERVICES FOUNDATION Main Office Telephone 1017 Macdonald Avenue West County(510)233-9954 P.O. Box 2289 East(510)439-9166 Richmond,California 94802 Central(510)372-8209 Fax(510)236-6846 To: Board of Supervisors From: Philip Bertenthal, Director of Litigation r Re: Proposed Modifications of Draft Board Resolution "General Assistance Hearing and Appeals Procedures" Date: July 27, 1995 We propose the following changes in the proposed Board Resolution on GA hearings. We believe these changes are necessary to provide minimal due process standards when the automatic hearing procedure is put into place. The underlined material are additions to the Department's proposal. Bracketed material are proposed deletions. Part 1 Hearings 102 . General Assistance recipients shall be given written notice, mailed at least 10 days, seventeen days in the case of homeless recipients, prior to the effective date of proposed action which will reduce, suspend or terminate a General Assistance grant for cause. Prior notice is not required for action resulting from Board of Supervisors changes in grant levels. 103 . Hearings (a) (2) The hearings will be scheduled by the General Assistance automated caseload management system. The hearing will be scheduled to take place no sooner than ten days, seventeen days in the case of homeless recipients, from the date of the notice of action, and no later than the proposed effective date of action. (4) A recipient who does not appear at a pre-scheduled appeal hearing shall be given a new hearing date if a request for one is made within thirty days of the date the notice of action was mailed. The proposed action will not be stayed pending the new hearing date. (b) (1) The applicant or recipient must deliver_ or mail a written request for a hearing within thirty [fourteen] days of .the date the notice of action was mailed. Absent evidence to the contrary, the notice is presumed to have been mailed on the date it bears, and a request for a hearing presumed .to have been delivered on the date it is received and mailed on the date it is postmarked. (2) Where a General Assistance recipient [timely requests] delivers or mails a written request for a hearing within fourteen days of the date the notice of action was mailed challenging a proposed action which will reduce, suspend or terminate his or her General Assistance •grant, the proposed action will be stayed until a decision is rendered. 107. [If a claimant is unable to attend the hearing at the originally scheduled date and time, and a timely request for postponement is made, the Appeals Manger or his/her designee will make an evaluation of the request. Except as provided in section 103 (a) (3) , the hearing will not be continued beyond the hearing -date unless authorized by the Appeals Manager or his/her designee on one of the following grounds, for which verification may be required: ] Hearings shall be postponed, once, for good cause. Subsequent postponements and rescheduling defaulted hearings may be granted where good cause is shown. An initial request for a postponement for the purpose of obtaining legal counsel or to obtain evidence for the hearing shall be granted for at least a two week period and without requiring verification. The following grounds shall be good cause for a postponement: (a) hearing is continued at request of the Social Services Department, (b) mandatory court appearance which cannot be accommodated by adjusting the hearing time, (c) illness which prevents travel, (d) death in the family (e) other good reason (as approved by the Appeals Manager) , which may include unavoidable inability to consult with a representative. LAW OFFICES OF CONTRA COSTA LEGAL SERVICES FOUNDATION Main Office Telephone 1017 Macdonald Avenue West County(510)233-9954 P.O.Box 2289 East(510)439-9166 Richmond,California 94802 Central(510)372-8209 Fax(510)236-6846 To: Board of Supervisors From: Philip Bertenthal, Director of Litigation Re: Proposed Modifications in Board Resolution on GA Standards for Homeless Recipients Date: July 27, 1995 We proposed that Section 103 of the GA standards should be modified as follows: [Bracketed material is deleted] ; Underlined material is added. Section 103 * * * (c) In consideration of the county's right to cooperation in administering its General Assistance Program and to compliance with the reasonable requirements of shelter residence, the cash grant shall be reduced to the amount of $142 per month for food, personal needs and transportation if a homeless person declines to accept available non-sectarian county [or private] shelter [or is disqualified for available shelter on account of his or her willful 'conduct] . (h) Homeless recipients whose aid is reduced for declining an available shelter bed and who subsequently agree to accept such a bed if one becomes available shall have their have their full aid restored as of the first day of the month following their agreement.