HomeMy WebLinkAboutMINUTES - 06271995 - D4 D.4
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 27, 1995 by the following vote:
AYES: Supervisors Rogers, Smith, DeSaulnier and Torlakson.
NOES: Supervisor Bishop
ABSENT: None
ABSTAIN: None
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SUBJECT: Resolution No. 95/304 General Assistance Standards of Assistance
The Board of Supervisors heard an oral report from Bob Hoffman, Acting Social
Services Director, on the General Assistance Standards of Assistance and heard
comments from Arthur Walenta, Assistant County Counsel. The Board of
Supervisors also heard testimony from Phil Bertenthal, Contra Costa Legal Services
Foundation and Henry Clark, General Manager Local 1 . After hearing testimony and
following discussion by the Board of Supervisors on the issues, IT IS BY THE
BOARD ORDERED that Resolution No. 95/304 General Assistance Standard of
Assistance is ADOPTED;
IT IS FURTHER ORDERED BY THE BOARD that Resolution No. 95/304 is
REFERRED to the Family and Human Services Committee for review and report to
the Board and;
IT IS FURTHER ORDERED BY THE BOARD that the implementation of Resolution
No. 95/304 is DEFERRED until the Family and Human Services Committee has
reviewed and reported back to the Board of Supervisors.
thereby certify that this is a true and correct copvof
an action taken and entered on the minutes of the
Board of Supww" on the date shown.
ATTESTED: <._ 7
PHILOR,Clerk of the13
Eand Coun mi rator
cc: County Administrator
Family and Human Services Committee (via CAO)
County Counsel
Social Services Department
THE; BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June-27,-, 1995 by the following vote:
AYES: SUPERVISORS ROGERS, SMITH, DESAULNIER and TORLAKSON
NOES: SUPERVISOR BISHOP:
ABSENT: NONE
ABSTAIN: NONE
SUBJECT: Standards for Administration of the RESOLUTION NO. 951 304
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 July 1, 1995. 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.
102. The general assistance standards of aid for applicants or recipients living alone
or with family members are established by budget units consisting of the
General Assistance applicant or recipient and all members of the household
related by birth, marriage or adoption with whom the applicant or recipient lives.
(a) 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.
(b) The monthly standards of general assistance aid per budget unit are:
Size of Budget Unit Standard of Aid
1 $300
2 $403
3 $504
4 $608
5 $708
6 $812
7 $915
8 $1016
103. The standard of aid for a person who is eligible for general assistance but is
homeless shall be the standard for a 1 person assistance unit, which shall be
administered as follows:
Page 1
(a) If the homeless person resides at a county shelter, the cash grant shall be
reduced to the amount of $30 per month for personal needs and basic
transportation.
(b) If the homeless person resides at a private shelter, the cash grant shall be
reduced to the amount of $30 per month for 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 cash grant shall be reduced to the amount of $142 per
month 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, emotional, 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 shelter deductions,
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:
Page 2
r J ,
(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.
(e) 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. [Welfare and Institutions Code section 17201]. 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.
(f) 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, 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
Page 3
,
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 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,
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, psychiatric or other examinations and
medical, psychiatric or other care or treatment to diagnose, correct or alleviate
medical or psychiatric conditions, including alcohol or drug dependency, which
may 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 and resources 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.
(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.
Page 4
(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 and resources
that are not immediately available, or other property in excess of the standards
seat 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) is the difference between the
budget unit's standard of aid (section 102) less the in-kind values for food and
personal needs and transportation.
(b) The value of in-kind food is $112 per month based on the Federal Thrifty Food
Plan.
(c) The value of in-kind personal needs and basic transportation is $30 per month.
405. Transfer of Property
(a) VVhen 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.
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
Budget Unit and 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
Page 5
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
order for any member of the assistance unit to be eligible for GA.
503. If responsible persons receive categorical cash assistance, they are included in
the: budget unit, but 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.
(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.
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
Page 6
Department's investigations and inquiries reasonably necessary to verify
d
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 be screened for alcohol or drug abuse and, if
found to be chemically dependent, must accept referral to the 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 201 B, and GA 34, which are
provided to and shall be executed by all applicants prior to the granting or
restoration of aid. Aid discontinuance or sanctions may be imposed when an
individual fails or refuses without good cause to comply with a GA program
requirement.
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 recipients shows that the
failure or refusal to comply was for good cause:
Page 7
(a) The first discontinuance for failure or refusal to comply with program
requirements shall be followed by a two month period of ineligibility; the second
discontinuance shall be followed by a four 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
subsequent discontinuance for failure or refusal to comply with program
requirements shall be followed by a six month period of ineligibility.
(b) In unusual circumstances, based upon a written finding of fact showing that it is
justified by
a) the recipient's case record;
b) the nature of the failure to comply;
c) the reasons for failure to comply,
an appeal hearing officer may reduce a sanction from two months to one or
from four months to three. Such reduction will not effect the length of
subsequent sanctions.
(c) If a year has passed from the date of the end of the last period of ineligibility,
without the initiation of procedures for a failure to comply with a program
requirement which result in sanction, the cycle will begin again; i.e. the next
discontinuance for failure or refusal to comply with program requirements shall
be followed by a one month period of ineligibility.
(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) The Social Service Department is responsible for showing that a failure or
refusal to comply with General Assistance (GA) program requirements occurred.
(b) The GA applicant or recipient who alleges that he or she has good cause for
his or her failure or refusal to comply with program requirements is responsible
for showing that good cause exists.
(c) The Social Service Department has no obligation to determine willfulness or
lack, of good cause before sending warning notices, failure to comply notices, or
notices of proposed action.
(d) The following procedure shall be followed by the Department when determining
whether to give notice of a proposed sanction or discontinuance for failure to
comply-with a GA program requirement:
(1) The first failure or refusal to comply with a program requirement shall result in a
warning notice in lieu of a sanction. This warning notice shall advise of the
failure to comply and state that:
(i) Future failures to comply without good cause shall be subject to sanction.
(ii) The Department shall clear the warning notice if the recipient contacts the
responsible staff person within ten days and shows good cause. 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 witl� the
program requirement.
(iii) 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.
(2) Once a recipient has an uncleared warning notice, further failures to comply will
Page 8
be subject to sanction, but before a notice of proposed actio 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.
(3) If one year has elapsed since the end of the last period of discontinuance or
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 as stated in subparagraph (1) above.
(e) Wien a general assistance applicant or recipient is found to be mentally or
physically disabled sufficiently to affect the application of general assistance
program requirements, the disability status shall be made a part of the person's
record, the record shall be flagged and program requirements shall be modified
or waived, in whole or in part, as necessary, to make a reasonable
accommodation for the individual's disability.
(f) Flagged mental or physical disabilities shall be considered whenever disabled
persons fail or refuse to follow general assistance program requirements. Prior
to the issuance of one of the notices listed in part (d), a flagged case record
shall be reviewed. If it appears from the case record that a failure or refusal
likely occurred on account of the disability, the recipient shall not be sanctioned.
705. An applicant who fails to comply with program requirements by failing to meet
any one his or her responsibilities shall be denied aid.
Failure to comply with program requirements includes, but is not limited to,
failure to cooperate in meeting program requirements or carrying out program
duties.
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. A recipient who quits without compelling cause, or, is
fired for cause from a job is ineligible for General Assistance for six months.
708 An applicant or recipient who provides fraudulent information in order to qualify
for a General Assistance or for a larger grant, or to avoid termination or
reduction of aid, shall serve a six month period of ineligibility.
709. Wien 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.
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,
Page 9
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.
(d) Immediate 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.
(e) Persons who are subject to legal proceedings to terminate their housing or who
have been notified in writing of impending utility shut-off and are otherwise
eligible, may receive immediate need benefits.
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.
Page 10
Part 10
Additional Provisions
1001. 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.
1002. 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.
1003. 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.
1004. Hearings
Applicants and recipients are entitled to notice, hearings and appeals as
provided in the Social Service Department Manual, this Resolution, and
Resolution No 92/554.
(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 n==hat that this is a true and correctcopyot
an action taken and entered on the minutes of the
Board of Su spre on the doe eh
Arresreo: �� Page 11
h�EuLOO as*o the Boma
V
SOCIAL SERVICE DEPARTMENT CONTRA COSTA COUNTY
DATE: June 27, 1995
TO: Board of Supervisors
AP
M: Robert obert Hofmann, Acting Director
SUBJECT: General Assistance Standards of Assistance
Recommendations:
Board of Supervisors Resolution No. 91/606 adopted standards of aid and care for the
indigent and dependent poor of the county (General Assistance), and was amended by
Resolutions 91/710, 91/811, 92/186, 92/533, 92/671, 92/697, 92/857, 93/484, 94/431, 94/541
and 94/633.
It is recommended that the Board of Supervisors adopt new Standards of Assistance for
General Assistance based on those previous resolutions, and make the following changes.
1. In-Kind Assistance Policies and Procedures
1.1 In-kind value of Shelter Care: value in-kind shelter care provided by the county
in-lieu of cash assistance for GA recipients and reduce monthly grant amounts
accordingly.
1.2 Vendor Pay Options: provide direct vendor pay to landlords as in-kind
assistance to meet client housing needs in-lieu of cash assistance and reduce
monthly grant amounts accordingly.
2. Fifteen Day County Residence Requirement
Adopt a durational county residence policy consistent with the Welfare and Institutions
Code.
3. Periods of Ineligibility
Change incremental periods of ineligibility for multiple instances of failure or refusal to
comply with program requirements from the current increments of: warning, 1 month, 3
months, 6 months; to: warning, 2 months, 4 months, 6 months.
4. Standard of assistance for recipients living with related persons
Revise the current single standard of assistance policy so that GA recipients who live
with persons who are related by birth, marriage or adoption, would receive a prorated
share of the standard of assistance for the number of members in the family unit.
5. Personal property
Increase the value of a motor vehicle which may be excluded in determining eligibility.
Pagel
Gen 9c (New 3/86)
Discussion
1. In-Kind Assistance Policies
Reference:
California Welfare and Institutions Code, Section 17000.5 (a): "the board of
supervisors in any county may adopt a general assistance standard of aid including
the value of in-kind aid, that is 62% of a guideline that is equal to the 1991 federal
official poverty line and may annually adjust that guideline in an amount equal to any
adjustment provided under Chapter 2 commencing with section 11200 of part 3 for
establishing a maximum aid level in the county. (b) The adoption of a standard of aid
pursuant to this section shall constitute a sufficient standard of aid."
1.1 In-kind value of Shelter Care
The Oberlander v CCC Appellate Court decision supports the county's right to consider in-
kind assistance provided by the county in-lieu of cash assistance for General Assistance
eligibles. This includes the reduction of the monthly GA grant for persons residing in county-
sponsored or private homeless shelters. The Bell v Alameda decision supports the county's
right to deduct the value of available in-kind shelter for persons who refuse available shelter
beds.
In 1994 the Board declined to adopt the Social Service Department's recommendations for
implementation of the Oberlander decision which would have reduced the grants of persons
who reside in shelters to $30 (personal needs and transportation), and $142 for those who
refuse available shelter (food, personal needs and transportation). The adopted policy
provides for a one-third reduction for persons in shelters, and no reduction for persons who
refuse shelter. Consequently, very few GA recipients accept -- or report -- shelter residence.
Effective April 1, 1995, 1400 GA recipients self-declared as homeless. Less than 50 of
approximately 150 current shelter residents are GA recipients. Additionally, a significant
number of residents are actually individuals who are serving sanctions for failure or refusal to
comply with GA program requirements. Obviously this is counter-productive, both to the
efficiency of the GA program, and to the Department budget.
The figure of $30 for personal needs and basic transportation is the result of negotiations in
the Oberlander v CCC case. The amount was derived from the figures determined by the
market basket survey for personal needs and transportation which was done in 1989,
applying the annual Bay Area Consumer Price Index, and rounding upward. The personal
needs allowance reflects a reasonable amount to encourage acceptable standards of
appearance and hygiene. In 1989, the amount determined by averaging prices for items at
six contra Costa stores -- a combination of major discount stores and local community
markets -- was $15. The transportation allowance reflects an amount for essential basic
local transportation. In 1989, the amount determined to be maximum round trip fare on the
three local transit authority buses for six trips per month was $9.
The figure of $112 for food is based on the Federal Thrifty Food Plan.
Page 2
Proposal
In light of the fiscal crisis for FY1995-96, the proposed change must be implemented. In
order to be effective, the shelter program, currently funded at approximately $687,807 by the
Social Service Department, must give first priority for GA eligible persons. (It is noted that
there is additional funding from other sources, but this is the principal funding source.) The
in-kind value of shelter must be considered for persons who accept or who decline available
shelter. No in-kind value would be applied to the grants of homeless persons for whom there
is no available shelter bed.
Of critical importance in maximizing the potential savings of this program is the cooperation
of the shelters. GA eligible persons must have priority for shelter referrals. Because of the
limited number of shelter beds available in the county, there is some misconception
regarding the number of beds necessary in order to implement this provision. It is only
necessary for GA recipients to have priority for whatever beds are available. A single bed
may be declined by any number of recipients.
It is important to remember the availability of the General Assistance Housing Assistance
special need to address the charge that the homeless and residents of shelters need a full
grant in order to "save up" to obtain permanent housing. GAHA provides for first and last
months' rent and deposits, to assist GA recipients to secure housing. We know of no GA
recipient who has successfully saved his or her grant while homeless in order to acquire
housing.
1.2 Vendor Pay Options
In 1992, W& I Code section 17000.5 was changed to state: "The board of supervisors in any
county may adopt a general assistance standard of aid, including the value of aid-in-kind..."
In the Bell v Alameda County appellate court decision of 4/6/94, the court upheld the
county's proposal to pay for housing and food by vendor payments. The decisions stated that
"counties may satisfy their section 17000 obligations by providing in-kind aid". Of interest is
the fact that this decision cites two Contra Costa County lawsuit appellate court decisions --
Scates and Oberlander as also upholding a county's right to provide aid in kind rather than
cash.
Alameda County has received Board approval for a similar policy, and is planning toycontract
for an increased number of shelter beds to offer to GA recipients, in response to the
anticipated challenge of "not enough shelter beds or low-cost housing." Several counties,
such as Sonoma, San Mateo, and Santa Clara already have mandatory vendor pay policies
for housing. Santa Clara County has had a vendor pay housing policy since 9/1/92, and has
an existing computer program for making and tracking vendor payments, which is linked to
CDS. This will be adaptable for the Contra Costa system. If a vendor pay housing policy is
not adopted, it is likely that Contra Costa will become a magnet for recipients from other
counties who are trying to avoid participation in such a program.
Page 3
Proposal
All housing will be provided in the form of in-kind assistance.
a) Clients who have a valid landlord arrangement will receive housing payment by vendor
payment.
b) IRS reporting will be done for all such arrangements.
c) Clients who decline to participate in the vendor pay program will receive $142 ($300
less the in-kind value of housing - $158).
d) Homeless persons will be referred to an available shelter bed, where shelter and food
are provided in-kind. Those who refuse an available shelter bed will receive a grant of
$142. Those for whom no shelter bed is available will receive $142, and may access
the housing portion of the grant -- $158 -- on a weekly basis.
2. Fifteen Day Residency Requirement
Effective 1992, the W& I Code was amended to add the authority of the Board of
Supervisors to adopt residency requirements for purposes of determining a person's eligibility
for general assistance, not to exceed fifteen days. According to the 1995 all-county survey,
29 counties have adopted this provision, and 5 more are pending implementation.
Proposal
Implement 15 day residency period in Contra Costa County as currently provided for in the
W& I Code.
3. Periods of Ineligibility
The Williams v CCC settlement set out the current policies relating to incremental, durational
sanctions for persons who fail or refuse to comply with GA program requirements without
good cause: warning, one month, three months, and six months. The W& I Code allows
sanctions up to 180 days, but is not specific with regard to the increments themselves. We
believe the county may opt to adjust those increments, and suggest the following: warning,
two months, four months, six months.
Proposal
Adopt GA policies redefining the incremental, durational sanctions to: warning, two months,
four months, and six months.
4. Standard of assistance for recipients living with related persons
The W& I Code authorizes the Board of Supervisors to set the GA standards of assistance at
62% of the 1991 Federal Poverty Guideline, as adjusted annually by an amount equal to any
adjustment made by the legislature to AFDC standards.
Page 4
The Federal Poverty Guideline defines family unit as those persons living together who are
related by birth, marriage or adoption. GA recipients who live with family members will
receive the prorated share of the standard of assistance for the number of members'in the
family unit. Many other counties, including Sacramento, Santa Clara and Los Angeles, have
similar policies.
This should not be confused with the decision in the Freitas v CCC case, where grants were
reduced only if the client lived with "responsible relatives", which were defined as parents
and adult children.
Currently there is a single standard of assistance -- $300 -- for single GA recipients,
regardless of their living arrangement.
Proposal
Redefine the standard of assistance for GA recipients living with related persons, using the
Federal Poverty Guideline definition of a family unit.
5. Personal Property
Insofar as it is possible, an applicant or recipient is required to apply his or her own personal
property to his or her support. The Board of Supervisors sets standards relating to property
which may be retained without affecting eligibility to General Assistance. For several years
there have been no modifications to the maximum value of a motor vehicle which may be
excluded. Applicants who seek General Assistance while they are between jobs frequently
have automobiles in excess of the current excluded value of $1500 without regard to
encumbrances, and are required to sell the automobiles and utilize the proceeds for their
support until they obtain employment. The loss of the automobile frequently increases the
difficulties in seeking and maintaining employment.
Proposal
Increase the value of a motor vehicle which may be excluded in determining eligibility to
General Assistance to $4500 without regard to encumbrances.
Background
General Assistance is a responsibility imposed upon the county Board of Supervisors by the
State Legislature, through the Welfare and Institutions Code. It is a short-term program
designed to meet the minimum needs of indigent county residents who are unemployed, or
who, because of their present disability, require assistance to meet their current needs. GA
is funded 100% by County revenues with no participation from the state or federal
governments.
General Assistance recipients are classified either as "employable" or "unemployable," and
are directed down the appropriate path designed to help them achieve self-sufficiency
independent of GA. Employable persons are required to apply for Unemployment Insurance
and to seek employment. Unemployable persons are referred to and assisted in obtaining
Page 5
State and Federal benefits in the form of Disability Insurance, Worker's Compensation,
Veterans Benefits, Social Security, and Supplemental Security Income (SSI/SSP) Persons
who refuse to comply with program requirements or refuse to cooperate with services
directed toward the goal of self-sufficiency may be discontinued from assistance for one,
three or six months.
The current and deepening fiscal crisis with California counties impacts most heavily on
programs such as General Assistance, which are funded entirely by local county dollars.
The dynamic of shrinking county fiscal resources and expanding local demand for services
places the GA program squarely in the middle. Escalating GA costs jeopardizes the Board of
Supervisor's ability to fund other high public priorities, such as public protection and children
and family services.
In the past, legislative changes have had both positive and negative impact on county GA
programs. In 1992, the legislature amended the Welfare and Institutions Code to allow
counties to establish standards of assistance in accordance with a prescribed formula. This
protected counties from having to do needs studies to establish grant levels, and from legal
challenges that grant levels were inadequate. At the same time, a legislative provision was
made which enabled counties to make specific reductions in the standards of assistance for
persons who shared housing with nonresponsible persons. Both of these actions positively
impacted GA; however, on January 1, 1995, the provision relating to shared housing was
allowed to expire. This change alone is expected to cost Contra Costa approximately
$1,500,000 per year.
Proposed federal and state welfare program changes, such as proposals limiting AFDC to
five years, ending AFDC as an entitlement program, eliminating or restricting SSI benefits for
alcohol and drug addicts, and increasing the SSI ineligibility for sponsored aliens from three
to five years, will shift more clients to GA because the county is not legally permitted to
implement similar limitations. The consequence will be shifting of responsibility and costs
onto local government for those clients who are cut off from federal or state programs. Yet,
counties are the level of Government least able to fulfill this need.
In response to various external influences, counties are constantly looking for ways to
develop streamlined, cost-effective General Assistance programs. One result of this is that
when one county adopts policies for lower grant amounts or stricter regulations, there is no
protection for neighboring counties to guard against client migration. GA initiatives in other
counties may have negative fiscal consequences for Contra Costa. Sacramento and
Alameda counties have applied for mandate relief from the State which would permit them to
lower their monthly GA grant amount. Sacramento has recently gained State approval to
lower their GA grant to $212 and Alameda is awaiting a decision on their request. This
fragmented approach to the problem of the unfunded GA mandate will result in migration of
clients from counties with reduced GA benefits to counties with larger grant amounts.
Alameda county is also planning to implement in the next fiscal year, a number of other
initiatives such as mandatory shelter care of homeless GA applicants, and subject to legal
resolution, valuing the cost of health care for GA recipients, which would result in reduced
grants and further migration of clients.
Page 6
Self-Sufficiency
In Contra Costa County, the goal of our GA program has been to foster recipients self-
sufficiency. The Board of Supervisors and the Social Service Department have stated this
goal explicitly since 1991, and with this in mind, have tried to offer services and programs to
assist clients to overcome barriers to self-sufficiency. The Board has supported and funded
services for treatment of substance abuse, for assisting employable persons to obtain and
maintain employment, and for assisting disabled persons to obtain SSI benefits.
Services for Employable Recipients
One of the most important features of GA with regard to the goal of self-sufficiency is
Employment Services. The Board has had a long history of supporting Employment Services
for GA clients, including work experience assignments, job search assistance, and vocational
training.
Recipients determined employable must be available for and actively seeking full-time
employment. The classification of "employable" does not necessarily mean "job ready"; it
simply means that the individual has no verifiable physical or mental incapacity. The majority
of employable GA recipients experience multiple barriers to employment: low self-esteem and
poor self-confidence, lack of basic job skills, lack of basic education skills, lack of motivation,
and little understanding of the current job market and of application and interview
procedures.
GA Work Programs is an effective way to help recipients move toward self-sufficiency.
Through work experience assignments (work fare) and help with job search, Work Programs
assists clients to learn basic job skills, to increase their self-esteem, and to enter
unsubsidized employment. Clients are encouraged to keep timely appointments, to learn to
work with others and follow supervision, and be accountable for their own actions and
choices. Some recipients also may participate in vocational/educational training programs.
Workfare is an ongoing involvement in work experience projects. The emphasis of workfare
is to provide the participant with a constructive supervised work experience which will provide
or enhance work skills, serve to support positive work habits and attitudes, and encourage a
sense of purpose and self-confidence. Assignments are designed to provide participants
with training in the use of task-related materials, tools and techniques, including safety
techniques and measures. For many GA recipients -- particularly the young adults -- a
workfare assignment is their first work experience.
Workfare assignments have been developed with non-profit private, as well as public,
agencies. Assignments include clerical, child-care aide, warehouse, litter control, auto
detailing, recycling, grounds maintenance, and a variety of other types of work. The majority
of workfare slots are supervised by the county General Services Administration (GSA). Some
examples of workfare assignments are grounds maintenance performed for the Community
Service Department's North Richmond facility; sorting and warehouse work for St. Vincent de
Paul thrift Stores; food services assistance for the Senior Food and Nutrition Service's; child
care for the YWCA Preschool programs; and litter control throughout the county, supervised
by General Services.
Page 7
Although workfare is not on-the-job training and workfare agencies are not obligated to hire
participants, workfare sometimes leads directly to unsubsidized employment. St. Vincent de
Paul provides numerous workfare slots each month. When hiring, their management first
looks to their workfare participants. The Executive Director for St. Vincent estimates that
85% of the current store employees in their three Contra Costa County stores are former
workfare participants. They have also hired warehouse workers and truck drivers from the
workfare ranks. General Services, the largest provider of workfare slots, has hired
participants to be workfare crew leaders, gardeners, and custodians. Other agencies have
hired participants, as well.
Services for the Unemployable
The SSI Advocacy Program, authorized by the Board in 1984, was one of the first in
California. Many counties have subsequently adopted advocacy programs modeled, at least
in part, on Contra Costa's.
Federal and State laws enable the county to recoup GA paid to disabled individuals while
applications for SSI are pending if SSI is granted. This is called Interim Assistance, and
provides for direct reimbursement to the county from the retroactive benefits to be paid to
those clients. Additionally, persons granted SSI receive Medi-Cal benefits. These benefits
are available retroactively to the SSI date of entitlement, which means that Health Services --
the primary health care provider for the indigent -- is able to obtain reimbursement as well.
Since 1984, Contra Costa has had an advocacy program to assist disabled GA recipients
with the SSI application and appeal process. The success of this program is measured in
three ways: the number of clients removed from the GA rolls, the amount of interim
assistance recovered, and the amount of Medi-Cal recovery.
Services for substance abusers
The General Assistance Alcohol and Drug Diversion Service (GAADDS) program, authorized
by the Board in 1990, was the first program in the state to address the problems and needs
of the GA applicant and recipient whose chemical dependency adversely effects his or her
ability to be self-supporting. Several counties recently have taken Board action to authorize
similar programs.
Since alcohol and/or drug dependency impairs the ability of an individual to obtain and
maintain employment, in 1990 the Board of Supervisors authorized the Social Service and
Health Services Departments to explore the severity of chemical dependency among GA
applicants and recipients, and to develop a treatment program.
GAADDS is a six month outpatient program. The focus of the 26 week program is to assist
alcohol and/or other drug dependent client to better understand chemical dependency and to
achieve a clean and sober life style. Without this first important step, employment will be
difficult to obtain and maintain.
It is unrealistic to expect recipients to use GA only over a short term if they remain substance
abusers. Not only will potential employment be unlikely, but the addicted recipient's grant is
Page 8
more likely to be used for alcohol or other illegal drugs rather than to meet food and shelter
needs, thus adding to the county homeless population. Substance abuse can lead to life-
threatening medical conditions, to abject poverty and to the neglect and abuse of children.
The toll of the epidemic is high both in terms of human suffering and in terms of the
tremendous demand it creates for public services. Continued use of alcohol and chemical
substances greatly contributes toward this county's Children's Protective Services costs. GA
recipients include parents whose children have been removed from their custody and placed
in foster care because of the parent's substance abuse and subsequent neglect of their
children.
AGAP, or "Alternative to GA Program", which was authorized by the Board in 1993 pursuant
to Government Code 26227, provides funding for a number of recipients of certain substance
abuse rehabilitation facilities. This program is intended to assist persons who are residents of
such facilities, and to enable them to become self-supporting when they are discharged,
rather than requiring additional general assistance.
Contracts with specific service providers have been established and are overseen by Health
Services. This program is specifically for county residents who would otherwise be eligible for
General Assistance, while they are in residence at one of these treatment programs.
The measure of success of this program is determined by the percentage of AGAP
participants who become self-supporting and do not require additional General Assistance
following discharge from the facility.
Housing Assistance
Social Service provides in-kind assistance for homeless recipients in the form of funding for
two county-sponsored shelter facilities. Additionally, General Assistance provides for a
special need for housing assistance, used to assist recipients to move into their own housing.
Approximately $24,000 has been spent to assist 75 clients each year. Surveys show that
approximately 70% of those assisted retain that housing for at least a year.
Conclusion
Contra Costa provides an extensive array of services to General Assistance recipients; more
than most other counties. In addition to a grant, we provide important services to assist the
recipient to achieve the goal of self-sufficiency. Social Service funds shelters, substance
abuse outpatient and inpatient treatment programs, workfare crew leaders, including the
recycling center, and in-house SSI Advocacy efforts. These enhanced services to support
client self sufficiency are relatively expensive, but cost effective, when the program objective
of helping GA clients break away from the welfare dependency cycle is considered.
Nevertheless, the recent escalation of GA caseload size and costs and our projection of
increased GA costs will seriously impact the County budget. We are projecting caseload
growth in fiscal year 95/96 to increase an average of 4800 and expenditures of more than
$14 Million if current trends continue. As the Federal and State governments implement
welfare reform initiatives and cut various entitlement programs, the GA program will be
obligated under State mandate to aid those persons made ineligible, exacerbating our
already tenuous fiscal situation and threatening other vital county services.
Page 9
DATE: --1----- =
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1..
LAW OFFICES OF
CONTRA COSTA LEGAL SERVICES FOUNDATION
Main Office Telephone
1017 Macdonald Avenue West County(510)233-9954
P.O.Box 2289 East(510)439-9166
Richmond,California 94802 Central(510)372-8209
Fax(510)236-6846
__... May 5, .1995
Andrea CassidyRVISORS
Deputy County Counsel ST
County
County Administration Building CI.ER%,BO
P.O. Box 69
Martinez CA 94553
Re: Proposed GA Hearing .Procedures
This is our response to the County's proposals on' GA hearing
procedures. In order not to violate GA recipients rights' to due
process of law under the State and Federal constitutions, the
following changes need to be made in the proposals. We believe a
meeting between County staff, you and us would be the best way to
determine if we can resolve our different positions without
litigation. Please call me to arrange a time convenient for
everyone.
1. Automatic Hearings
The County proposes to automatically schedule hearings for those
proposed terminations involving sanctions for program
requirements noncompliance.
We do not oppose the concept of automatic hearings.
.2 . Automatic hearings .scheduled 7 days after notice of action
The County proposes to set automatic hearings not less than 7
days after the date of the notice of action and not later than
the effective date of the notice.
The proposed notice period is inadequate to allow a person
to adequately prepare his or her case. for a hearing or to obtain
counsel. The minimum -advanced notice should be 45 days where the
current stringent postponement policy is in place, or 30 days if
a postponement policy outlined below in #3 is instituted.
California civil procedure allows five days for a document
to reach a party when the document is mailed. Not infrequently,
mail does not reach a person for five days, particularly if a
holiday falls within the period. Thus, under a 7 day notice
policy, a person may have only 2 days notice of the hearing. In
addition, many homeless people only check their mail once a week.
With a seven day notice period, homeless people would often not
know of the hearing until after the date of the hearing.
Andrea Cassidy
May 5, 3.995
Page Two
In addition, recipients must be able to consult with Legal
Services before a hearing in order to decide if they have a good
case for contesting the termination. We currently schedule an
intake appointment within 14 days of a client's request.
After consulting with us, recipients need time to gather the.
evidence: which we advise them to obtain in order to prove their
case. For example, they may need to obtain letters from friends
or relatives verifying their good cause for noncompliance. In
many cases, particularly for those without transportation,
recipients must rely upon mail to request and receive this
verification. This process can take nearly two weeks. In
addition., obtaining a County's doctor's appointment in order to
verify a medical condition can take two weeks, if the recipient
is lucky.
For these reasons, a notice should be issued 45 days before
the hearing. This would allow 10 days for the notice to reach
the recipient in the mail, 5 days for the recipient to contact
Legal Services for an appointment, 14 days for the recipient to
receive an appointment with Legal Services and 14 days for the
recipient to obtain evidence after receiving advice from our
office.
If the Department were to institute a reasonable
postponement policy as outlined in #3 , we would not oppose a 30
day advanced notice period because the 14 days necessary for
obtaining evidence could be the basis of requesting a
postponement.
3 . Grounds for PostRonements
The County proposes to limit the grounds for postponements
requested by recipients to mandatory court appearances which
cannot be accommodated by the court granting an adjustment (a
recipient must ask a judge to. accommodate the Department! ) ,
illness which prevents travel (a recipient with walking pneumonia
must still go to the hearing?) , death in the immediate family (a
recipient must choose between going to the funeral for a
grandparent or receiving their GA?) , and other "substantial and
compelling reason" approved by the Appeals Manager. 'The County
proposes that all grounds for a postponement be "verified",
presumably something in writing. This would require the
recipient to travel to Martinez to hand the verification to the
Appeals Unit in order to obtain the postponement.
The current and proposed policies for granting postponements
are inadequate. A reasonable policy would authorize a first
postponement for any reasonable grounds without verification
being required. These grounds would include the need to obtain
legal advice and the need to obtain evidence for the hearing.
For example, on the 29th day after the date of the notice of
action, the recipient has obtained advice from Legal Service and
has been told that they need a letter from an out of state
relative to verify the death in the family that caused the
program noncompliance. The recipient calls the Appeals Unit and
Andrea Cassidy
May 5, 1995
Page Three
requests a postponement on this basis. The Appeals Unit should
be able to grant the postponement without any verification.
Additional grounds for a postponement should include
illness, family emergency, or any other reasonable ground.
Recipients should be advised in writing of the postponment
policy.
4 . Staff Authorized to Grant Postponements
The: County proposes that the Department Hearings
Representative shall decide whether automatic hearings shall be
postponed.
The Department Hearings Representative is the Department's
advocate at GA hearings and attempts to prove that a proposed
termination of aid should be upheld. The representative is not
impartial and cannot be the person authorized to decide if a
postponement shall be granted. The current policy of authorizing
Hearing Officers to decide if a hearing should be postponed
should be continued.
5. Time: to request a nonautomatic hearing
The: County proposes to reduce the time to request hearings
for non--sanction actions from 14 days to 10 days.
If the Department establishes an adequately staffed toll
free telephone line whereby recipients can call and request a
hearing, we will not oppose a ten day limit for aid paid pending
hearing requests for those who receive mail at their home.
However, there should be a 30 day time period to request a
hearing without aid paid pending. Because there is no chance of
erroneous payments being made and the hearing offers the
Department an opportunity to correct errors, the 30 day period is
reasonable. In addition, the time to request a hearing and
receive aid paid pending the hearing should be at least 20 days
for those who do not receive their mail at home, such as a check
cashing service.
6. Notice of nonautomatic. hearinus and Director's appeals
The County proposes to issue notices of nonautomatic
hearings and Director appeals at least 7 days prior to the
hearing.,
The notice of hearing must be sent at least ten days prior
to the hearing for those receiving their mail at their home, the
same as the State. Given the fact that notices may take five
days to be received, the notice maybe received by the recipient
only two days prior to the hearing under a 7 day notice policy.
For those who do not receive their mail at their homes, the
notice should be sent at least 20 days prior to the hearing.
` r$•
Andrea Cassidy
May 5, 1995
Page Four
7. Time to request 'Director' Appeal
The County proposes to reduced the time to request a
Director's appeal from 14 days to 10 days.
Because aid is not paid pending a Director's appeal, there.
is no reason for such short appeal time except to deny a
recipient an opportunity to correct improperly terminated aid.
The period to request an appeal should be increased to 30 days.
8 . Good cause for failure to appear at a hearing
The County proposes to delete the authority for hearing
officers to restore a hearing request where a recipient, for good
cause, .failed to appear at a hearing.
The authority should not be deleted.
9 . Attendance of County staff at hearing
The County proposes to change the language on. which persons
must be made available at hearings to read "any staff member who
has actual knowledge regarding the issue. . . "
The language should be changed to provide "any County staff
member" . This will ensure that GAADDS staff and other non Social
Services staff shall be made available at the hearing as a
witness for the recipient.
10. Good Cause Determinations
The County proposes to place into its hearings section of
the Manual a subsection on "Good Cause Determinations" . It
provides that the initial determination shall be made by line
staff pursuant to 49-111, the Hearing Officer will review the
determination, and that "the burden of proof in establishing good
cause. is on the applicant/recipient. " (Proposed 49-700
(III) (H) ) .
The entire section .H should be deleted. The first two
provisions are unnecessary, the last is in violation of the
Williams judgment.
11. Notices of rescissions of actions
The County proposes language that where, at a conference,
the recipient is able to show that the action is incorrect oris
able to establish good cause, the action should be rescinded
immediately. (Proposed 49-700 (V) (A) (5) )
The language should be modified to add that a notice of
rescission shall be sent.
PRO
Andrea Cassidy
May 5, 1995
Page Five
12 . List of rights of recipients
The County manual section on hearings deletes the list of
recipient rights found in previous sections. (See current 49-700
(I) (B) )
The list of rights should be retained.
13 . Good cause for late hearing requests
The County proposals do not include the current policy of
allowing hearing and Director appeal requests to be filed late
for good cause.
The current policy should be put into the Board order and
manual section.
14 . ADA requirements
The County proposals do not provide for the reasonable
accommodation of those recipients with disabilities.
The County should establish specific standards for how
hearing procedures will be modified for those with mental and
physical disabilities.
15 . Aid Paid Pending
The proposals do not mention how the Department intends to
ensure that aid will continue unchanged pending a hearing
decision. It is our .position that, until there is an adverse
hearing decision., the Department must issue a G.A. check without
any delay and without requiring the recipient to pick the check
up. Any "break in aid" would be a termination of benefits
without due process. We understand that one proposal is to have
the County Representative Carl Dudley be responsible for aid paid
pending. We believe that the County Representative's job
responsibilities are too numerous now to permit him to take on
this additional responsibility. Also, as the advocate for .the
County, it is improper for him to be responsible for this. .
Instead, as with other aid programs, the Appeals Unit should be
responsible for ensuring that aid is paid pending hearing
decision, including where hearings are postponed.
Ralph Murphy
Senior- Attorney
RM