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HomeMy WebLinkAboutMINUTES - 03061990 - 2.6 a. 6 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 6, 1990 by the following vote: AYES: Supervisors Powers, Schroder, Torlakson, Fanden NOES: None ABSENT: Supervisor McPeak ABSTAIN: None ------------------------------------------------------------------ ------------------------------------------------------------------ SUBJECT: General Assistance Regulations On January 30, 1990 the Board requested County Counsel to review the Contra Costa Legal Services Foundation appeal of the Social Service Director' s response to Legal Services Foundation' s challenge to County General Assistance regulations. The attached report from County Counsel is in response to the 12 issues raised by Legal Services Foundation. Kevin Kerr, Deputy County Counsel, advised that his office concurs with the responses by the Social Services Director, and recommended that the appeal by Legal Services Foundation be denied. Supervisor Tom Powers referred to the Immediate Need Program initiated in November 1989, and requested a status report on the progress of the Program. IT IS BY THE BOARD ORDERED that the Contra Costa Legal Services Foundation appeal of the Social Services Director' s response to Legal Services Foundation' s challenge to General Assistance regulations is DENIED. IT IS FURTHER ORDERED that the Social Services Director is REQUESTED to report to the Board in 90 days on the status of the Immediate Need Program. I I cc: CC Legal Services Foundation t hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Social Services Director Board of Supervisors on the date shown. County Counsel �_ /. /990 Count Administrator ATTESTED: ELO Y PHIL BATCHELOR,Clerkof the Board of Supervisors and County Administrator By - i .. � ,Deputy COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: March 2, 1990 To: Board of Supervisors From: Victor J. Westman, County Counsel By: Kevin T. Kerr, Deputy County Counsel Re: Contra Costa Legal Services Foundation's Challenge to General Assistance Regulations On January 30, 1990, Contra Costa Legal Services Foundation presented to the Board of Supervisors its appeal of the Social Service Director's responses to Legal Services Foundation's challenge to General Assistance regulations . The Board referred the matter to County Counsel for response. The County Counsel's responses to the 12 issues raised by Legal Services Foundation are attached hereto (along with the issues stated by Legal Services Foundation and the responses by the Social Service Director) . The County Counsel concurs with the responses by the Social Service Director. KTK:df cc: James Rydingsword, Director, Social Service Dept. Contra Costa Legal Services Foundation CONTRA COSTA LEGAL SERVICES FOUNDATION'S CHALLENGES TO GENERAL ASSISTANCE REGULATIONS I. THE APPLICATION PROCESS (D.M. 49-102) . Issue 1 : "Application appointments should be in five working days of the initial contact. " Director's Response to Issue No. 1: The Welfare and Institutions Code does not impose a requirement as to when General Assistance Intake Interviews must occur. Nevertheless, the Department conducts such interviews as soon after the initial contact as is feasible, in light of current staffing levels . Moreover, commencing November 1, 1989, the Immediate Need program will involve an immediate determination of eligibility (on the day of application, where possible) , and issuance of advance benefits based on that determination. In addition, shelter benefits will be immediately available to Immediate Need eligibles . COUNTY COUNSEL RESPONSE REGARDING ISSUE NO. 1: We concur with the Social Service Director' s response. The Immediate Need program should be provided a sufficient amount of time to establish that it works . Moreover, since many variables may be involved in the timing of application appointments, the Social Service Department should not be locked into a rigid five day time period. Issue 2: "Applicants needing Emergency General Assistance should be seen immediately. " Director's Response to Issue No. 2: Currently, General Assistance applicants who have an emergency need for shelter are referred immediately for County Emergency Assistance. Moreover, commencing November 1, 1989, the Immediate Need program will involve an immediate determination of eligibility (on the day of application, where possible) , and issuance of advance benefits based on that determination. In addition, shelter benefits will be immediately available to Immediate Need eligibles . COUNTY COUNSEL RESPONSE REGARDING ISSUE NO. 2: We concur with the Social Service Director's response. The Immediate Need program should be provided a sufficient amount of time to establish that it works . Issue 3: "Decisions on GA applications should be made within 30 days of initial contact. " Director's Response to Issue No. 3: The Welfare and Institutions Code does not impose a requirement as to when General Assistance applications must be decided upon. However, most applications are processed within 30 days . Moreover, commencing November 1, 1989, the Immediate Need program will involve an immediate determination of eligibility (on the day of application, where possible) , and issuance of advance benefits based on that determination. In addition', shelter benefits will be immediately available to Immediate Need eligibles . COUNTY COUNSEL RESPONSE REGARDING ISSUE NO. 3: We concur with the Social Service Director's response. The Immediate Need program should be provided a sufficient amount of time to establish that it works . Issue 4: "Beginning date of aid should be the date of application if otherwise eligible. (D.M. 49-501 ) . " Director's Response to Issue No. 4: The regulation setting forth the beginning date of General Assistance is more favorable for applicants than the existing AFDC policy. (AFDC: the date of authorization; GA: the date of application, or the first of the month in which aid is authorized. ) COUNTY COUNSEL RESPONSE REGARDING ISSUE NO. 4: We concur with the Social Service Director's response. Issue 5: "All applicants should be notified of their right to an Emergency General Assistance grant. (D.M. 49-102) . " Director's Response to Issue No. 5: Currently, the payment of up to $50 to an applicant for General Assistance in situations of emergent need is referenced in the Department Manual at § 49- 102, III, C. The payment is also covered in GA Basic Training. Department staff are therefore aware of the availability of this payment. Specific complaints on behalf of individual applicants should be brought to the attention of appropriate division managers . Note that such a payment is not "Emergency Assistance, " which is found in Department Manual § 51-100 . Moreover, Department Manual § 49-102 III .C. provides that up to $50, plus an additional amount for housing in certain circumstances, may be authorized in situations of apparent eligibility pending completion of the application process, if there is no other resource available. Moreover, commencing November 1, 1989 , the Immediate Need program will involve an immediate determination of eligibility (on the day of application, where possible) , and issuance of advance benefits based on that determination. In addition, shelter benefits will be immediately available to Immediate Need eligibles . COUNTY COUNSEL RESPONSE REGARDING ISSUE NO. 5: On January 30, 1990, Mr. Bertenthal, of Contra Costa Legal Services Foundation, told the Board that this issue was no longer a problem. Issue 6: "The Department should require, by regulation, that staff shall assist applicants in verifying their eligibility when it is difficult for the applicant to do so. This shall include: 1) providing a complete checkoff list of documents needed at the initial application interview, 2) providing a reasonable time for the applicant to obtain the documents and in no case less than ten days, 3) providing the address for the source of the documents, 4 ) providing transportation money for travel to the source of the document, 5) providing the fee where a fee is required to obtain the document (particularly in the case of a birth certificate) , 6 ) making requests for documents on behalf of applicants who are unable to make the requests themselves, and 7 ) using the documentation obtained in prior applications .where the applicant has previously applied for aid. (D.M. 49-102, 49-201, 49-111) . " Director's Response to Issue No. 6: The Department will use documentation obtained in prior applications where appropriate in verifying eligibility. The videotape shown to all General Assistance applicants emphasizes that assistance is available. As to the other points, the Department will consider any complaints by applicants in the context of the GA appeals process, or in the context of a specific situation brought to the attention of the appropriate division manager. COUNTY COUNSEL RESPONSE REGARDING ISSUE NO. 6: We concur with the Social Service Director's response. The identification of General Assistance applicants is a crucial matter, as the Social Service Department must know who it is that is applying. We are informed that it has not generally been a problem for applicants to obtain identification, and that the Social Service Department does assist applicants in obtaining identification. However, it is the applicant's responsibility to obtain identification. We advise against the County assuming this responsibility. II. GRANTS Issue 7: "The Department should require by regulation that applicants and recipients are informed of the availability of special grants for such needs as haircuts, clothing and medical transportation. There should be a form attached to the monthly reporting form which explains the grants available and provides boxes to check off to request the grants . Notices of action should be sent granting or denying the requests . The notices should advise of the effect of the grants on Food Stamp eligibility. (D.M. 49- 402 ) . " Director's Response to Issue No. 7: The GA80 (General Assistance informational pamphlet) contains the subject information and is included in every GA Intake and Reinvestigation packet. In addition, Notices of Action regarding Special Needs are issued when special needs are authorized, and Food Stamp Notices of Action are also issued. The Department will consider any complaints by applicants or recipients in the context of the GA appeals process, or in the context of a specific situation brought to the attention of the appropriate division manager. COUNTY COUNSEL RESPONSE REGARDING ISSUE NO. 7: We concur with the Social Service Director' s response. Issue 8: "Housing grants should be given to all recipients who do not intend to have their entire housing need met by in-kind contributions . The current policy of the Department of requiring a motel receipt before issuing housing grants means that homeless people get less aid than others. (D.M. 49-207 ) . " Director's Response to Issue No. 8: Need items are allowed in an individual's GA grant based on current, verified need. The Department will consider any complaints by applicants or recipients in the context of the GA appeals process . COUNTY COUNSEL RESPONSE REGARDING ISSUE NO. 8: The issue as drafted by Legal Services Foundation is uncertain and ambiguous . Nevertheless, we concur with the Social Service Director' s response. III. SANCTIONS Issue 9: "The Department should stop imposing durational sanctions . Compliance with program rules can be obtained by terminations of aid until compliance. If durational sanctions must be imposed, the Department should make sure that noncompliance is willful by giving everyone a second opportunity to comply before proposing a termination (somewhat on the lines of conciliation in the AFDC program) . Currently, there are many instances of recipients not being given an opportunity to comply after a written notice of their alleged noncompliance and the consequences of noncompliance. Since only the Board can eliminate the durational sanctions, we request the panel to recommend regulations which will ensure that a violation's willful before proposing a durational sanction in termination notices . (D.M. 49-111) . " Director's Response to Issue No. 9: Durational sanctions, or fixed periods of ineligibility from General Assistance, are lawful . The Department will continue to impose durational sanctions when appropriate. Note that the Department did change its policies in September of 1988 to eliminate sanctions of more than one month. Notices of Action advise the recipient that s/he should contact the Eligibility Worker or Vocational Counselor if s/he wishes to establish that the failure was nonwillful or with good cause. The Department is establishing procedures for a conference prior to the Evidentiary Hearing, in order to allow the recipient to show that the failure was not willful . COUNTY COUNSEL RESPONSE REGARDING ISSUE NO. 9: We concur with the Social Service Director's response. We are informed that the Social Service Department has established procedures for a pre-evidentiary hearing conference, at which the recipient is allowed to show that the failure was not willful. Moreover, prior to the pre-hearing settlement conference, the recipient may contact the eligibility worker to show that the failure was not willful . IV. PROCESS Issue 10: "The Department should be required by regulation to notify those terminated from AFDC and other programs (including those under sanctions) of the availability of GA. " Director's Response to Issue No. 10: Several of our existing Notices of Action do have information regarding the availability of GA. For example, when State-only AFDC-U or Refugee Assistance is discontinued because of time limits to those programs, our Notices of Action state that GA is available. COUNTY COUNSEL RESPONSE REGARDING ISSUE NO. 10: We concur with the Social Service Director' s response. Issue 11: "The period to request a hearing is too short (30 days) . The period should be extended to 90 days from the effective date of action. (D.M. 49-700) . 1- Director's 9-700) . "Director's Response to Issue No. 11: The time period in which to request a hearing is properly balanced with the time period for furnishing continuing aid pending the decision by the hearing officer. In 1985, the filing period was reduced from 60 to 30 days, and the period for receiving continuing aid pending hearing decision was increased from 10 days to 30 days . COUNTY COUNSEL RESPONSE REGARDING ISSUE NO. 11: We concur with the Social Service Director' s response. Issue 12: "The Department should develop regulations setting forth the procedures for verifying the spenddown of resources which the recipient received prior to applying for GA. This might be helped by developing a resource spenddown verification form. (D.M. 49-208) . " Director's Response to Issue No. 12: The Department will consider any complaints by applicants in the context of the GA appeals process . However, the Department will develope such a verification form. COUNTY COUNSEL RESPONSE REGARDING ISSUE NO. 12: We concur with the Social Service Director' s response. df2:ktk\ga-resp