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HomeMy WebLinkAboutRESOLUTIONS - 01011997 - 1997-212 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on February 25. 1997 by the following vote: AYES: Supervisors Rogers , Uilkema, Canciamilla, and DeSaulnier NOES: None ABSENT: Nene ABSTAIN:Supervisor Gerber SUBJECT: Standards for Administration of the j RESOLUTION NO. 971 212 General Assistance Program 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 March 1, 1997. 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, and which are adjusted in an amount equal to the adjustments provided under Chapter 2 (commencing with Section 11200) of part 3 of the Welfare and Institutions Code. (a) An amount not to exceed $40 per month per recipient shall be deducted from the standard of aid in recognition of the value of health care provided by the county. 102. The general assistance standards of aid for applicants or recipients living alone or with responsible relatives are established by budget units consisting of the General Assistance applicant or recipient and all legally responsible relatives (spouse for spouse and parent for minor child) with whom the applicant or recipient lives. (a) The standard of 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. 103. The standard of aid for applicants or recipients who share housing with one or more unrelated persons or with one or more persons related by birth, marriage or adoption who are not legally responsible for the applicant or recipient (non- family budget unit) pursuant to Welfare and Institutions Code section 17001.5 shall be the standard of aid for the budget unit reduced as follows: (a) by 15% if the applicant/recipient lives with one other person; (b) by 20% if the applicant/recipient lives with two other persons; (c) by 25% if the applicant/recipient lives with three or more other persons. 104. The standard of aid for an applicant/recipient who is eligible for general Board Resolution No. 97/ 212 Page 1 assistance but is homeless shall be the standard for a 1 person assistance unit, which shall be administered as follows: (a) If the homeless person resides at a county shelter, the grant shall be reduced to 47% of the standard for 1, which is the amount for food, personal needs and basic transportation. (b) If the homeless person resides at a private shelter, the grant shall be reduced to 47% of the standard for 1, which is the amount for food, personal needs and basic transportation. (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 grant shall be reduced to 47% of the standard for 1, which is the amount for food, personal needs and transportation, if a homeless person declines to accept available county or private shelter or 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 family unit. (e) There shall be no reduction in aid for a homeless person who is willing to accept available county or private shelter if the only available shelter is in a geographic region of the county other than that in which the person normally resides. (f) No person whose mental or medical condition makes them inappropriate for shelter placement shall have their aid reduced for failure to accept a shelter bed. Persons with flagged mental disabilities shall not be required to accept a shelter bed. (g) Homeless eligible shelter residents who move to a confirmed housing unit shall receive the unused balance of shelter and food 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 from the applicant or recipient's standard of aid cash resources, net income, and the value of income in kind as determined by the Social Service Department 107. Method of Payment The Social Service Department may substitute in-kind assistance, vendor payments or vouchers for any cash grant or allowance provided hereunder at the discretion of the Social Service Director. 108. Overpayments of aid are subject to liquidation as provided in the Social Service Department Manual of Policies and Procedures. 109. 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: Board Resolution No. 97/212 Page 2 (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 have been present in, and a resident of, Contra Costa County for fifteen consecutive days. (d) 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 equals or exceeds the applicable General Assistance standard of aid, in the same month, provided that 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 person's payment level established pursuant to Welfare and Institutions Code section 11450 (a) is exceeded by the applicable General Assistance standard of aid. 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 not be serving a General Assistance/General Relief period of ineligibility from another California county. 202. Must meet the General Assistance eligibility standards outlined below. Part 3 Employability 301. An applicant or recipient who does not have a medically verified physical or mental disability as determined 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. (g) An employable individual who has been offered an opportunity to attend job skills or job training sessions may not receive aid for more than three months in a twelve month period, whether or not the months are consecutive. This applies Board Resolution No. 97/ 212 Page 3 to aid received as an employable person in any California county. A partial month's aid shall be counted as one month. 303. An applicant or recipient who is unemployable (that is, mentally or physically disabled, as verified by a physician), 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 Section 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, 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, psychological, or psychiatric examinations and medical, psychiatric, or other care or treatment to diagnose, correct or alleviate medical, psychological, 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. 402. Personal Property Insofar 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. Other liquid assets are 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 $4,500. In determining this value, the Social Service Department shall not reduce the value by any amounts owing on the vehicle. Board Resolution No. 97/ 212 Page 4 (c) Personal effects: tools of the trade, an interment space, crypt or niche, the first $500 for a burial or funeral trust, are excluded in determining eligibility. (d) Ail 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) In-kind values for housing, food, personal needs and basic transportation shall be determined by the Social Service Director, and provided in the Social Service Department Manual of Policies and Procedures. 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 applicant or recipient is deemed ineligible for aid. (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. 406. All currently available net income, which shall include liquid assets 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. Part 5 Assistance Unit Limitations on Eligibility 501. The GA budget unit consists of the GA applicant or recipient and those household members who are related to him or her by birth, marriage or adoption, 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 GA, and their legally responsible relatives (spouse for spouse and parent for minor children). 502. The GA assistance unit must meet the property and income limits as a group in Board Resolution No. 97/212 Page 5 order for any member of the assistance unit to be eligible for GA. 503. If legally responsible persons receive categorical cash assistance, they are not included in the assistance unit, and their property and income 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 are responsible 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. 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 Departments 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. Board Resolution No. 97/ 212 Page 6 605. Alcohol/Drug Abuse Applicants or recipients must be screened for alcohol or drug abuse if there is a reasonable suspicion to believe that the applicant or recipient is dependent upon alcohol or illegal drugs, and, if determined to be chemically dependent, must accept referral to 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 for such persons. 606. Fingerprint Imaging An applicant or recipient must consent to fingerprint imaging as a condition of eligibility for General Assistance. 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, GA 201E and GA 34, which are provided to and shall be executed by all applicants prior to the granting or restoration of aid. 702. Failure 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. Failure to comply is excused if it was for good cause. (a) The Department shall be responsible for showing that a failure or refusal to comply with General Assistance program requirements occurred. (b) The General Assistance recipient who alleges that he or she has good cause for his or her failure or refusal to comply with program requirements shall be responsible for showing that good cause exists. (c) There is no presumption that failure to follow program requirements is willful or non-willful. The Department shall have no obligation to determine willfulness or lack of good cause before sending warning notices, failure to comply notices, or notices of proposed action. (d) Nonwillfulness is good cause for a failure or refusal to comply with a program requirement, subject to rebuttal by the Department. (1) VMllful is defined to mean a purpose or willingness to commit the act or make the omission in question, and does not require an intent to violate program requirements. Nonwillful shall be defined to mean an accidental or involuntary violation of a program requirement or an intentional act not reasonably foreseeable to result in violation of a requirement. Conduct which meets the definition of nonwillful shall not be considered to be willful. (e) Twice only, negligence shall be good cause; thereafter negligence shall be subject to evaluation. (1) A negligent act is one that occurs by inadvertence, carelessness, haste, lack of attention, forgetfulness, or failure to use regular care. Board Resolution leo. 97/212 Page 7 (e) Each case will be determined on its own facts. A determination must be made based on the evidence. Evidence can be direct or it may be inferred from an applicant's or recipient's acts. (f) Failure to cooperate in meeting program requirements or carrying out program duties is a failure to comply with program requirements. 703. An applicant who fails to comply with program requirements shall be denied aid unless the applicant shows that the failure to comply was for good cause. (a) Examples of applicants' program requirements 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 substance abuse screening; completing applicant job search; appearing for and participating in Work Programs Intake; cooperating with Early Fraud Detection and Prevention. 704. An applicant who has quit without compelling cause, or has 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. 705. An applicant 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. 70+6. Once aid is granted, a recipient who fails or refuses to comply with program requirements shall be discontinued aid, and sanctions will be imposed as follows, unless the recipient shows that the failure to comply was for good cause. (a) The first failure or refusal to comply with a program requirement shall result in a warning notice in lieu of a sanction. (1) The warning notice shall advise of the failure to comply and state that future failures to comply without good cause shall be subject to sanction, and that the Department shall clear the warning notice if the recipient contacts the responsible staff person within ten days and shows good cause. (2) Not more than twice, the Department shall clear a warning notice if the recipient arranges for a new opportunity to comply with the program requirement, and complies with the program requirement. (3) If the warning notice is cleared, the recipient shall be entitled to another warning notice in lieu of sanction for the next failure to comply. (b) Once a recipient has a uncleared warning notice, further failures to comply will be subject to sanction, but before a notice of proposed action may be sent, a failure to comply notice will be given, offering the recipient the opportunity within ten days to contact the responsible staff person and clear the noncompliance by showing good cause. (1) The first failure to comply with a program requirement shall be followed by a two-month period of ineligibility; the second failure to comply with a program requirement shall be followed by a four-month period of ineligibility; and a third failure to comply with a program requirement shall be followed by a six-month period of ineligibility. Thereafter, each subsequent discontinuance for any willful failure to comply with a program requirement shall be followed by a six-month period of ineligibility. (2) In unusual circumstances, upon application by the recipient, based upon a Board Resolution No. 97/_212 Page 8 written finding of facts showing that it is justified by i) the recipient's case record, or ii) the nature of the failure to comply, or iii) the reason for failure to comply; subject to approval by the Appeals Manager, an appeal hearing officer may reduce a sanction from two months to one month or from four months to three months. Such reduction will not affect the length of subsequent sanctions. (c) If one year has elapsed since the end of the last discontinuance or period of ineligibility, without the initiation of procedures for a failure to comply with a program requirement which result in sanctions, the process for imposing sanctions shall begin again. (d) Examples of recipients' program requirements include, but are not limited to: appearing for Work Programs Assignment appointment or monthly Job Club meetings; 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 (GA-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. (e) The period of ineligibility shall apply to any member of a General Assistance assistance unit who has failed to comply with program requirements. 707. A recipient who refuses an offer of employment, or who quits without compelling cause, or is fired for cause from a job shall be ineligible for General Assistance for six months from the refusal or the last day of employment. 708. A 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 (a) Actions to deny aid or to terminate eligibility are subject to notice and appeal as provided in Board Resolution Number 95/385. 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(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 Board Resolution No. 97/212 Page 9 i 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 Additional Provisions 801. Reimbursement In accordance with Welfare and Institutions Code sections 17109 and 17403, as a condition precedent to the receipt of General Assistance benefits, eligible persons are obligated to repay all benefits received and may be required to execute a repayment agreement and lien upon their property. The County Counsel is authorized to bring a legal action against a General Assistance recipient at the direction of the Social Service Director when the Director determines that the recipient has acquired property. 902. 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. 903. 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. 904. bearings Applicants and recipients are entitled to notice, hearings and appeals as provided in the Social Service Department Manual, this Resolution, and Resolution No 95/388. Beard Resolution No. 97/212 Page 10 (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:_f0ruary 25, 1997 Phil Batchelor, Clerk of the Board of Supervisors andounty Administrator By: , Deputy Contact: Jewel Mansapit, Social Service, 313-1601 Board Resolution No. 97/ 212 Page 11