Loading...
HomeMy WebLinkAboutMINUTES - 08111987 - 2.3 a3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 11, 1987 by the following vote: AYES: Supervisors Powers, Fanden, Schroder, Torlakson, McPeak NOES: gone ABSENT: None ABSTAIN: None SUBJECT: Standards for Administration of the General Assistance Program _ RESOLUTION NO. 87/493 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 85/505 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 , 1987. 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 $162 . $ 81 . $3 . $15 . $ 8 . $ 269 . 1 person, sharing housing $130 . $ 81 . $3 . $15 . $ 8. $ 237 . 2 persons, mutually responsible $260 . $149. $6 . $15 . $16 . $ 461 . RESOLUTION NO. '. 87/493 — 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 $ 214. $ 9. 4 $ 271. $ 12. 5 $ 322 . $ 15. 6 $ 387 . $ 18. 7 $ 428. $ 21 8 $ 489. $ 24 . 9 $ 550. $ 27. 10 $ 611 . $ 30. b. An additional allowance for housing costs, above the maximum amount of $260 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 programs 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. RESOLUTION NO. 87/493 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. 87/493 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. 87/493 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 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 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. 87/493 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 itemsand 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 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 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 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 occurring within 12 months. 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 the following period of ineligibility imposed: The period of ineligibility shall be one month upon the first discontinuance of aid. The period of ineligibility shall be two months upon the second discontinuance for a 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 a failure of the same kind occurring within 12 months. 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. 87/493 Page 7 D. Notice and Appeal Procedure re: Sanctions I . 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 (8) of the Social Security Act" between the U.S. Secretary of Health, Education and Welfare and the State of California, as executed on February 11, 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 6C 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. 87/493 Page 8 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 Supervisors on the date shown. ATTESTED: ft & Ig8 y PHIL BATCH OR, Clerk of the Board of Supervisors and County Administrator By Deputy RESOLUTION NO. 87/493 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this order on August 11, 1987 by the following vote: AYES: Supervisors Powers, Fanden, Schroder, Torlakson, McPeak NOES: None ABSENT: None ABSTAIN: None ------------------------------------------------------------------ ------------------------------------------------------------------ SUBJECT: General Assistance Standards The Board this date adopted Resolution No. 87/493 , adopting amended standards of aid and care for the indigent and dependent poor of the County under the General Assistance Program. In conjunction therewith, Philip Bertenthal of the Contra Costa Legal Services Foundation appeared before the Board and expressed concern about the grant levels. Mr. Bertenthal urged that the Social Services Department initiate a comprehensive study of actual living costs for General Assistance recipients. He also recommended that General Assistance grants be increased to the same level as AFDC grants. Douglas Farmer, representing Public Advocates, Inc. , 1535 Mission Street, San Francisco 94103 , also appeared before the Board and expressed his concern regarding several aspects of the General Assistance Program, as outlined in the attached letter. IT IS BY THE BOARD ORDERED that the testimony presented by representatives of Legal Services Foundation and Public Advocates, Inc. is REFERRED to the County Administrator, Social Services Director and County Counsel for review. cc: County Administrator Social Services Director County Counsel 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: Z4 19d 7 PHIL BATCHE06R, Clerk of the Board of Supervisors and County Administrator By , Deputy Lois Salisbury,Managing Attorney Law Anita F.A"iola OfficesNblic Angela Glover Blackwell MarthA Arman Fleetwood O L��' Robert L.Ginsky T Armando M Menocal,III Sidney Wolinsky Ludy A.Tam,Administrator Tncc. Nancy Weston,of Counsel Frank Quevedo,Chmn.,Bd.of Gov. Law Fellows Sallyanne Campbell August 11, 1987 Douglas J.Farmer Dear Members of the Board of Supervisors: Public Advocates, Inc. is anon-profit public interest law firm that represents low-income and minority groups in California, with a regional emphasis on the San Francisco Bay Area. For the past several months, the Public Advocates Homeless Advocacy Project has worked closely with Contra Costa Legal Services to investigate the problems of homelessness in Contra Costa County. We have interviewed hundreds of homeless Contra Costa residents at the Richmond Rescue Mission, the Richmond Souper Center, and Loaves and Fishes of Pittsburg. We have also talked to homeless individuals and families in the cars and parks where many county residents have been forced to reside. In all instances we have documented extensive information about the causes and effects of homelessness in Contra Costa County. Toward this end, we have also met repeatedly with shelter and service providers throughout the County in order to determine what problems persist despite the efforts of local governments and private groups. In particular, we have given considerable attention to analyzing the legal sufficiency of Contra Costa County's GA program, as well as to investigating the difficulties that homeless residents have encountered in obtaining particular county benefits and emergency assistance funds. From our monitoring of homelessness in Contra Costa County, we have discovered several persistent problems with Contra Costa's GA program and we are prepared to recommend that the County make the following revisions in both the GA grant component structure and the administration of the GA program. 1. The housing component of the GA grant must be based upon a reasonable study of actual utility costs in accordance with minimum subsistence needs. Pursuant to California Welfare and Institutions Code (W&IC) Section 17000, the County is required to relieve and support all indigent residents for whom alternative institutional or familial support is unavailable. Section 17001 further provides that the board of supervisors of each county, or the appropriate agency, shall adopt standards of aid and care for the county's indigents. The courts have held that these standards of aid and care must be adopted prior to the establishment of benefit levels, -1- 1535 Mission Street San Francisco, CA 94103 Telephone(415)431-7430 City and County of San Francisco v. Superior Court, 57 Cal.App. 3d 44, 47 (1976) ("Long I") and that in order to determine the level of GA to be paid, the County must conduct a study of what is necessary for minimum subsistence. Boehm v. Superior Court, 178 Cal.App. 3d 494, 501, 223 Cal. Rptr. 716, 720 (1986) ("Boehm II") . Such studies must reasonably assess the amounts necessary to provide for minimally adequate subsistence needs. Id. Contrary to this requirement, the amount of the GA housing component in Contra Costa County is not based on any separate study of utility costs. Rather, that amount was derived by taking the median amount reportedly spent on rent and utilities by a randomly selected sample group of 10% of GA recipients. This cannot be considered a study of minimum subsistence needs for the following reasons: (1) such a survey includes people who incur no utility costs at all because they live in cars and parks, or stay with friends or relatives; (2) it includes people who reside in Section 8 housing; (3) such data is irrelevant to determining the average actual utility rates for minimally adequate housing; (4) it fails to account for the fact that many in the sample group may make rental payments that include utilities, whereas such arrangements may not exist in the housing currently available in Contra Costa; (5) finally, even accepting the inadequate sample, the fact that the median amount reportedly spent on rent and utilities was used as the amount of the housing component is a further example of unreasonably flawed methodology, since 50% of GA recipients automatically pay more than the median amount. In contrast to this haphazard procedure, an accurate determination of utility costs in accordance with minimum subsistence needs would be achieved by creating a separate utilities component, based on information from Pacific Gas & Electric and other sources regarding the average consumption amount and billing rates per person in the County's available, adequate low-income housing. Such a methodology, if executed properly, would satisfy the legal mandate that GA levels be based on reasonable studies of what is necessary for minimum subsistence. More important, a separate utilities component is critical for any type of housing afforded to homeless individuals. 2. Telephone service must be included in the calculation of m nimum utilities needs. At present, the utilities portion of the housing component is only intended to cover water, garbage, electricity, and gas. Telephone service is excluded from the utilities portion and is available only as a Special Need in the event of a serious health problem. (County Department Manual 49-402, III.D.2. ) Yet under Boehm II, such an exclusion must be based upon a reasonable study which shows that telephone access is not a minimum subsistence need. The court stated: -2- (T]he GA grant fixed by the County must include an appropriate allowance for each of the basic necessities of life: food, clothing, housing (including utilities) , transportation and medical care. If the GA grant fails to provide for any of those needs, the omission must be based on a study that demonstrates the need omitted will be satisfied by some other program available to GA recipients. Nothing less will satisfy the requirements of sections 10000, 17000, and 17001 when fairly and equitably construed as required by section 11000. (Emphasis added. ) Boehm 11, 178 Cal.App. 3d at 502. At present there is no study, nor has Contra Costa cited any other source, which concludes that a telephone is not a necessary utility for minimum subsistence. In fact, telephone access is an absolute necessity ,for the minimum subsistence of GA recipients. Recipients are required to make 12 job inquiries per week in order to remain eligible for their grant. (cite) Such a job search cannot possibly be conducted effectively without a telephone. Effective job searches by GA recipients are in the best interests of both the County and GA recipients, since the stated objective of the GA program is to provide temporary relief until recipients are able to secure employment and regain financial independence. By denying GA recipients the tools necessary to gain such financial stability, the County's program actually impedes its own policy objectives. Moreover, the cost of telephone service for GA recipients would be very low relative to the essential communication it would afford. The California Universal Lifeline Telephone Service offers telephone service to a low-income household for as little as $3. 13 per month. This is an absolutely minimum cost; it does not, for example, cover the cost of telephone installation. Especially in view of this low-cost service and the necessity for such a service, the County cannot ignore its obligation under statutory standards and its own policy goals to provide GA recipients with the information and funding necessary to access this important need. 3. The transportation component of the GA grant must be based u n a reasonable study of actual trans ortatlon costs in accordance with minimum subsistence needs. The County has based its $7 monthly transportation grant on the determination that one (1) round-trip bus fare perweek meets the minimum subsistence needs of GA recipients. The County has failed to base this wholly arbitrary determination on any type of needs study. This directly contravenes the requirements of W&IC Sections 17000 and 17001. By providing for only one bus trip per -3- week, the County again inhibits effective job searches by GA recipients. Moreover, without access to public transportation, recipients cannot shop at the supermarkets which the County actually surveyed in order to determine the amount of the GA food component. Forced to shop instead at neighborhood stores, GA recipients must pay much higher prices. Additionally, medical and dental care, mandatory trips to the Social Services office for scheduled appointments, etc. , all require transportation expenditures. It is well documented that the average transportation needs of a GA recipient exceed one trip per week. Transportation expert Martin Wachs, professor at the Graduate School of Architecture and Urban Planning at the University of California, Los Angeles, offered the following observations in Teasley v. Board of Supervisors for the County of Orange (Case No. 51-94-46) : According to one study, those looking for work average 2 .8 trips and 22.25 miles of travel each day, while those unable to work average 1.4 trips and 10 miles of travel each day. U.S. Department of Transportation, Nationwide Personal Transportation Study: Personal Travel in the United States, V1. II (November 1986) , Table E-80. This same government study found that single persons with an average annual income under $10,000 per year average 1 trip by vehicle for a distance of 6.7 miles each day. Id. at Tables E-61 and E-62. Thus, in order to comply with applicable legal standards, as well as to assist GA recipients in achieving independence, the County must set a transportation grant level which is based on a reasonable study of minimum transportation needs. The statistics regarding such minimum needs clearly suggest that the County should replace the monthly transportation grant of $7 with issuance of an AC Transit "Fast Pass. " Moreover, the County would likely be able to negotiate a discount rate for its monthly purchase of passes for an in-kind grant to its indigent residents. 4. The cost of clothing and haircuts must be added to the Basic Needs component of the GA grant. At present, the County's grant structure fails to recognize certain minimum subsistence needs. Allowances for clothing and haircuts are only available on a discretionary basis under the Special Needs component, and even then, are based on outdated and hence unreasonable studies. Courts have consistently recognized that clothing and personal hygiene are minimum subsistence needs. Moreover, such needs must be met in order for recipients to maintain their -4- personal appearance while conducting an employment search. By making clothing and haircuts available only on a discretionary "as needed" basis, the County has rendered most GA recipients unaware that they may be entitled to such grants. These entitlements are effectively excluded if GA recipients remain unaware that they exist. Such discretionary administration of minimum subsistence benefits amounts to a legally actionable violation of the due process rights of Contra Costa's GA recipients. As noted by the Boehm court, these needs are among the most essential: Indeed, it defies common sense and all human dignity to exclude from minimum subsistence allowances for clothing, transportation and medical care. Such allowances are essential and necessary to 'encourage self-respect and self-reliance . . . in a humane manner consistent with modern standards. ' (See Robbins v. Superior Court, supra, 38, 695 P.2d 695; Sec. 10000, 17000) Without a clothing allowance, recipients must wear tattered clothing and worn out shoes. The lack of adequate and decent clothing and essential transportation is damaging both to the recipients' self- respect and their ability to obtain employment. 178 Cal.App. 3d at 502 . 5. The Count must implement an outreach program that sufficiently informs GA recipients of all funds and services available to them. Our interviews with homeless residents and service and shelter providers have consistently revealed that many GA applicants are misinformed about their rights, particularly the minimum amounts to which they are entitled, and the fact that legally they cannot be denied assistance because they lack a fixed address. Moreover, almost all of the homeless residents are unaware of the extra amounts potentially available to them under the Special Needs component. Although the Board of Supervisors approved a plan this year whereby a Department of Social Services liaison would assist homeless persons at the Richmond Rescue Mission with their benefit applications and problems, such outreach has not come to fruition. The DSS liaison can rarely be found at the Mission, and the procedure used for intake is largely ineffective. Because the liaison is located in a back room or office at the Mission, few if any of those who need her assistance even know that she is there. There is no question that more effective outreach and counseling on County benefits and services is desperately needed, particularly at the Mission, which offers emergency shelter to many homeless individuals and. families who are not receiving the -5- benefits to which they are entitled. As previously stated, Section 17000 programs are a statutory entitlement. Yet, if the information necessary to access the benefits is not effectively disseminated, the entitlement is meaningless. Thus, in failing to effectively dispense information regarding (1) applying for GA; (2) the Special Needs money which is available; (3) emergency assistance funds; (4) vouchers for hotels and motels; and, (5) rental assistance programs, the County is violating the substantive due process rights of its GA recipients and potential recipients, as well as breaching its obligations under Section 17000. We would like to meet with you and any other individuals in order to discuss the foregoing concerns and would appreciate hearing from you by August 25, 1987. Very truly yours, ANITA P. ARRIOLA APA/sa cc: Director, Department of Social Services County Administrator -6-