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HomeMy WebLinkAboutRESOLUTIONS - 09171991 - 91-606 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on 1;PP*em1aer 17, 1991 by the following vote: AYES: Supervisors Fanden, Schroder, McPeak, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Standards for Administration of the General Assistance Program RESOLUTION NO. 91/606 The Contra Costa County Board of Supervisors RESOLVES that: In accordance with California Welfare and Institutions Code, Section 17000 et seq. , the Contra Costa County Board of Supervisors hereby ADOPTS the following standards of aid and care for the indigent and dependent poor of the County (General Assistance) , effective November 1, 1991. These standards govern the General Assistance Program of Contra Costa County. Part 1 Standards of Aid 101. Pursuant to Welfare and Institutions Code section 17000.5, the Contra Costa County Board of Supervisors hereby adopts general assistance standards of aid that are 62 percent of the 1991 federal official poverty guidelines. 102. The general assistance standards of aid are established by budget units equal in size to the family units used in the federal official poverty guidelines. A budget unit is defined as one or more persons residing in a single housing unit, whether or not all such persons are related and whether or not all such persons are eligible for general assistance. The standard of general assistance aid for each person in a budget unit exceeding 1 shall be an amount equal to the multiple person budget unit standard divided by the number of persons in the budget unit. 103. The monthly standards of general assistance aid per budget unit are: Size of Budget Unit Standard of Aid Budget Unit Person 1 $342 $342 2 $460 $230 3 $575 $192 4 $693 $173 5 $809 $162 6 $926 $154 7 $1043 $149 8 $1159 $145 Each additional person add $117 $117 104. The standard of aid for a person who is eligible for general assistance but is homeless shall be the standard for a 1 person budget unit, which shall be administered as follows: a) If the homeless person resides at a county shelter, $10 per day shall be treated as income to recognize the value of county- provided food and shelter. b) If the homeless person resides at a private shelter, $10 per day shall be treated as income to recognize the value of privately provided food and shelter. c) In consideration of the requirement that General Assistance applicants or recipients must take all actions necessary to obtain any available resource (Section 602) , $10 per day shall be RESOLUTION NO. 91/606 Page 2 treated as income to a homeless person who declines to accept available county or private shelter or who is disqualified for available shelter on account of his or her willful conduct. d) If the county is unable to provide shelter, and the person is unable to obtain private shelter the homeless person shall be entitled to receive the aid payable to a 1 person budget unit, and shall not thereafter be eligible to county shelter for one month. e) Homeless eligible shelter residents who move to a confirmed housing unit shall receive the unused balance of shelter payments for that month. 105. General Assistance aid is payable by the calendar month and shall be pro-rated for periods less than a calendar month. 106. The amount of aid payable is determined by subtracting shelter deductions, cash resources, and net income as determined by the Social Service Department. 107. Overpayments of aid are subject to liquidation as provided in the Social Service Department Manual of Policies and Procedures. 108. Medical care excepted, the aid and care to which Contra Costa County legal residents are entitled under Welfare and Institutions Code section 17000 is limited to that provided by this Resolution. Part 2 General Assistance Eligibility 201. 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 the applicable General Assistance standard of aid. (d) . Must not be in receipt of, or eligible to, categorical cash assistance, the standard of aid for which (rounded to the nearest dollar) equals or exceeds 95.4% of the applicable General Assistance standard of aid, in the same month. Additionally any person who is eligible for aid under Chapter 2 (commencing with section 11200) of Part 3 of the Welfare and Institutions Code shall not be eligible for General Assistance if that persons payment level established pursuant to Welfare and Institutions Code section 11450 (a) is exceeded by the applicable General Assistance standard of aid. (Welfare and Institutions Code section 17020] 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. RESOLUTION NO. 91/606 Page 3 Page 3 Part 3 Employability 301. 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 Social Service Department is employable. 302. An applicant or recipient who is 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 employment 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) Must agree to participate as assigned in the Workfare Program. 303. An applicant or recipient who is unemployable (that 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 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(GA201A) 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 diagnose, 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. Part 4 Property 401. 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. RESOLUTION NO. 91/606 Page 4 402. 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 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. Liquid assets may be subject to the rule governing available property. (b) Motor Vehicle: One motor vehicle is excluded in determining eligibility 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. and burial plots (c) Personal effects: tools of the trade /are 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. 403. Available Property Where the applicant or recipient owns and possesses 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. 404. Income in Kind Gain or benefit available to or received by the applicant or recipient in the form of goods or commodities, as distinguished from cash, shall be considered an available resource, and will be treated as income in kind. (a) The value of in-kind shelter (housing and utilities) shall be set at $7 per day, or $210 per month. (b) The value of in-kind food shall be set at $3 per day, or $90 per month. 405. Transfer of Property (a) When property other than excluded 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) When the applicant or recipient fails to prove that transfers of property were not made to qualify for aid or for a greater amount of aid, or to avoid utilization, the result is 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 $342 per month for one person, plus $230 per month for each additional person. RESOLUTION NO. 91/ 606 Page 5 406. All currently available net income, which shall include liquid assets, income in kind and aid payments from any source, as determined by the Social Service Department shall be deducted from the basic need allowance in determining the amount of the grant which may be authorized for payment. Part 5 Assistance Unit Limitations on Eligibility 501. The GA assistance 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. 502. The GA 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 GA. 503 . If responsible persons receive categorical cash assistance, such assistance is not included in the assistance unit, and is excluded in determining eligibility of the GA applicant or recipient. Part 6 Administrative Eligibility Conditions 601. Review of Eligibility (a) A review of eligibility factors will be made at intervals as determined by the Social Service Department but at least once every 12 months. (b) Monthly determinations will be made by review of the Monthly Eligibility Report required from all GA recipients. Failure to submit the required report shall result in the discontinuance of aid. 602. Exploration of Resource Potential GA applicants or recipients must take all actions necessary to obtain any available resources. 603 . Responsibility for Support (a) A determination of support from all sources shall be made at the time GA is granted. (b) 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. (c) An applicant or recipient is not eligible unless such person has made reasonable efforts to obtain support from all sources including legally responsible relatives. (d) 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. (e) An applicant or recipient who lives with a responsible person(s) is not eligible unless the entire assistance unit meets the property limits and need standard of General Assistance. RESOLUTION NO. 91/ 606 Page 6 604. Verification (a) An applicant or recipient must .provide all information required for the determination and verification of eligibility and compliance with these standards and the Social Service Department Manual of Policies and Procedures, including, but not limited to, name, address, and personal identification. (b) 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. (c) 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. 605. Alcohol/Drug Abuse Applicants or recipients must accept referral to County Health Services General Assistance Alcohol and Drug Abuse Diversion Services (GAADDS) , or other such alcohol or drug abuse programs as the Social Service Department may direct, and actively and cooperatively participate in any treatment program recommended by GAADDS or other such program for such persons. Part 7 Program Compliance 701. 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. 702. Willful failure to cooperate or to comply with General Assistance program requirements expressed in this Resolution or in the Social Service Department Manual of Policies and Procedures renders an applicant or recipient ineligible for aid. 703. Once aid is granted, an recipient who willfully fails 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 aid. 704. Where employment-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 demonstrates his or her 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 responsibilities without good cause, shall be discontinued and a one month period of ineligibility imposed. 705. 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. 91/606 Page 7 706. Notice and Appeal Procedure (a) Before denying aid or establishing ineligibility, the applicant shall be advised of the reason for denial of aid or ineligibility. (b) Before discontinuing aid or establishing ineligibility, 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. (c) 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. Part 8 Interim General Assistance Reimbursement Program 801. 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 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 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. 802. Interim General Assistance Under the County's Program, General Assistance paid to those persons who are subject to paragraph Section 303 (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. 803. 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. Part 9 Immediate Need 901. Immediate Need Program for Homeless General Assistance Applicants: (a) Homeless persons who apply for General Assistance benefits and who clearly establish their identification and probable eligibility will be granted benefits upon the determination of their qualification for immediate need (if possible, upon the day of their application) and prior to a determination as to their eligibility. (b) Immediate need benefits shall be pro-rated for the calendar month in which application is made and shall be continued beyond such calendar month upon reapplication, for a total period not to exceed one month within one year. (c) Immediate need benefits shall be credited against General Assistance entitlements upon a determination of eligibility. RESOLUTION NO. 91/,606 Page 8 (d) iImmediate need benefits shall terminate upon a determination of ineligibility, or upon failure to cooperate in determining eligibility. In the event of termination, an applicant may not reapply for Immediate Need benefits for one month. 902. Actions denying immediate need benefits or terminating immediate need benefits shall be expressed in writing, stating the reason(s) for the action, and are effective immediately subject to appeal without aid paid pending, as provided in Section 1005. Pending Appeal, the applicant or eligible may request in writing an administrative review. Such review shall be conducted within three working days after the request is received, by the Social Service Director's designated Reviewer. The appellant shall have an opportunity to meet with the Reviewer and to offer evidence and argument. The Reviewer shall affirm, reject, or modify the action, which decision shall be final, pending appeal. Part 10 Additional Provisions 1001. Method of Payment The Social Service Department may substitute vendor payments or vouchers for any cash grant or allowance provided hereunder at the discretion of the Social Service Director. 1002. Reimbursement In accordance with Welfare and Institutions Code sections 17109 and 17403, as a condition precedent to the receipt of Immediate Need or General Assistance benefits, eligible persons must execute a repayment agreement and lien upon their property, and repay such benefits. The County Counsel is authorized to bring a legal action against an Immediate Need or General Assistance recipient at the direction of the Social service Director when the Director determines that the recipient has acquired property. 1003. 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 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 twelve months 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. 1004. Social Service Department Manual (a) Subject to the provisions contained herein, the General Assistance 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. 1005. 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. BOARD RESOLUTION NO. 91/606 Page 9 (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 n thedate shown. ATTESTED: PHIL BATCH OR,Clerk of the Board of Supervisors and County Administrator By - � ,Deputy cc: County Counsel Social Services Auditor BOARD RESOLUTION NO. 91/6x6