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HomeMy WebLinkAboutMINUTES - 12151992 - 1.104 1. 104 . THE BOARD OF SUPERVISORS OF CONTRA COSTA COUN'T'Y, CALIFORNIA Adopted this Order on December 15, 1992 by the following vote: AYES: Supervisors Powers, Torlakson, Schroder NOES: None ABSENT: Supervisors Fanden, McPeak ABSTAIN: None SUBJECT: Proposed Amendments to Standards for the General Assistance Program The Board considered the proposed resolution presented by the Director of the Social Service Department and County Counsel amending the standards for the administration of the General Assistance Program. Phil Bertenthal, Contra Costa Legal Services Foundation, expressed reservations with the resolution and proposed that it be referred to the Finance Committee or the Internal Operations Committee for further review. He questioned the reduction of monetary benefits to General Assistance shelter residents to $7 (from $42) . Mr. Bertenthal also questioned the method of applying sanctions against an individual on General Assistance who missed an a counseling appointment. A. Walenta, Assistant County Counsel, advised that General Assistance shelter residents are provided shelter and food and explained that the $7 is a result of reductions in grant levels that have taken place since the -policy was established. Supervisor Powers expressed concern that the $7 did not cover expenses for searching for employment, i.e. , telephone and transportation costs and recommended referring the issues of missed appointments and the $7 grant to the Finance Committee. There being no further discussion, IT IS BY THE BOARD ORDERED that the issues as noted by Supervisor Powers are REFERRED to the Finance Committee. In addition, the Board ADOPTED Resolution No. 92/857 approving the amendments to the standards for the administration of the General Assistance Program. 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: Ake_z„ _./._t„//.5;- l— f;z_ cc: County Administrator PHIL BATCHELOR,Clerk of the Board Finance Committee of Supervisors and County Administrator Director, Social Service County Counsel ByDeputy 1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 15 , 1992 , 1992 by the following vote: AYES: Supervisors Powers , Torlakson, Schroder NOES: None ABSENT: Supervisors Fanden, McPeak ABSTAIN: None - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SUBJECT: Amendments to Standards for ] Resolution Number 92/ 8 5 7 Administration of the General ] Assistance Program ] The Contra Costa County Board of Supervisors RESOLVES that, Resolution 91/606, adopting standards of aid and care for the indigent and dependent poor of the county (General Assistance) effective November 1, 1991, as amended by Resolutions 91/710, 91/811, 92/186, 92/553, 92/671 and 92/697 is hereby further amended as follows, sections 1 and 2 to be effective January 1, 1993; 1. Part 7 is amended to provide: Part 7 701. 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. A recipient who is able bodied and mentally competent and who has received General Assistance aid for a total of at least three months, who engages in any of the following conduct shall be discontinued and shall be ineligible for aid for 180 days: (a) Fails, or refuses, without good cause, to participate in a qualified job training program, participation of which is a condition of receipt of assistance. (b) After completion of a job training program, fails, or refuses without good cause, to accept an offer of appropriate employment. (c) Persistently fails, or refuses, without good cause, to cooperate with the county in its efforts to do any of the following: (1) Enroll the recipient in a job training program. (2) After completion of a job training program, locate and secure appropriate employment for the recipient. 703. A recipient who fails or refuses to comply with other General Assistance program requirements as expressed in this Resolution or in the Social Service Department Manual of Policies and Procedures shall be discontinued aid, and sanctions will be imposed as follows, unless the recipient shows that the failure or refusal to comply was for good cause: (a) The first discontinuance for failure or refusal to comply with program requirements shall be followed by a one month period of ineligibility; the second discontinuance for failure or refusal to comply with program requirements shall be followed by a three month period of ineligibility; and a third discontinuance for failure or refusal to comply with program requirements shall be followed by a six-month period of ineligibility. Thereafter, each RESOLUTION NUMBER 92/ 8 5 7 " w subsequent discontinuance for failure or refusal to comply with program requirements shall be followed by a six month period of ineligibility. (b) If a year has passed from the date of the end of the last period of ineligibility, the cycle will begin again; i.e. the next failure or refusal to comply with program requirements shall be followed by a one month period of ineligibility. (c) Examples of such responsibilities include, but are not limited to: submitting a timely and complete job search report form; performing a monthly workfare assignment; cooperating with GAADDS; cooperating with Quality Control; submitting a timely and complete monthly status report (CA-7); cooperating with and completing the annual redetermination process; providing requested information or verification by the due date; applying for any other resource or benefit, including Supplemental Security Income, and taking all necessary steps to obtain such income.. (d) The period of ineligibility shall apply to any member of a General Assistance assistance unit who has failed or refused to comply with program requirements. 704. Provisions governing discontinuance of aid and sanctions: (a) Absent evidence to the contrary, it is presumed that the duties of Department staff have been correctly performed. (See Evidence Code §664). Absent evidence to the contrary, it is presumed that the ordinary consequences of an applicant's or recipient's voluntary acts are intentional (See Evidence Code §665). (b) A willful act is one that is intentional or without reasonable excuse or cause. It need not be done with malice, nor with a specific purpose to violate program requirements. Failure to comply by a person who is mentally disabled to the extent that s/he does not understand his/her responsibilities or is incapable of fulfilling them is not willful. Conduct which involves physical disability or lesser mental disability may or may not be willful. (c) Each case will turn on its own facts. A determination must be made based on the evidence. Evidence can be direct or it may be inferred from a recipient's acts. The burden of proof to establish failure to comply is on the Department. The burden of proof to establish good cause is on the recipient. The Department may prove lack of good cause by demonstrating (A) willful failure or refusal of the recipient to follow program requirements, or (13) not less than three separate acts of negligent failure of the recipient to follow program requirements, which may include acts for which the recipient has previously been discontinued from aid or sanctioned. (d) Failure to cooperate in meeting program requirements or carrying out program duties is a failure to comply with program requirements. 705. An applicant who fails to comply with program requirements by failing to meet any one of his or her enumerated responsibilities shall be denied aid. Examples of such responsibilities include, but are not limited to: keeping appointments; providing verification as requested by the due date; filing application for other sources of income or benefits, including Supplemental Security Income; participating in General Assistance Alcohol Drug Diversion Service (GAADDS) screening; completing applicant job search; appearing for and participating in Work Programs Orientation; cooperating with Early Fraud Detection and Prevention. 706. An applicant who is serving a General Assistance/General Relief period of ineligibility from another California County is ineligible for General Assistance in Contra Costa County for the duration of the other county's sanction period. 707. An applicant who has quit without compelling cause, or been fired for cause from a job within sixty days prior to the date of the General Assistance application is ineligible for General Assistance for sixty days from the last day of his or her employment. RESOLUTION NUMBER 92/ R 7 708. An applicant or recipient who provides fraudulent information in order to qualify for a General Assistance grant or for a larger grant, or to avoid termination or reduction of aid, shall serve a six month period of ineligibility. 709. 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. 710. Notice and Appeal Procedure: Actions to deny aid or to terminate eligibility are subject to notice and appeal as provided in Board Resolution Number 92/554. 2. Part 10 is amended to provide: Part 10 Administrative Review Panel 1005. The Department of Social Service shall establish an Administrative Review Panel which shall review and make recommendations to the Director of Social Service regarding Hearing decisions which are appealed to the Board of Supervisors. (a) 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. (b) 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. (c) 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 the appellant. 3. Board of Supervisors Resolution No. 91/811 is superseded by Resolution No. 92/671, effective November 1, 1992. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervi�Qors on the date shown. _ G ATTESTED: PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator By .r. -c vG ,Deputy cc: Social Service County Administrator Auditor-Controller RESOLUTION NUMBER 92/ 8 5 7