HomeMy WebLinkAbout92-133RESOLUTION ADOPTING A STANDARD OF AID FOR GENERAL ASSISTANCE
PURSUANT TO WELFARE AND INSTITIITIONS CODE SECTION 17flflfl.5
WHEREAS, the Board of Supervisors, on August 18, 1992
adopted a standard of aid for General Assistance pursuant to
Welfare and Institutions Code Section 17000.5; and
WHEREAS, the State of California has amended Welfare and
Institutions Code Section 17000.5 pursuant to Assembly Bill 2882
and Assembly Bi11 1012; and
WHEREAS, the State of California has adjusted the maximum
aid level in Butte County under the Aid to Families with Dependent
Children Program contained in Chapter 2 (commencing with Section
31.200) of Part 3; and
WHEREAS, as a result of the passage of the aforementioned
bills, the County of Butte is and will in th future be authorized
to modify the standard of aid for General As istance from time to
time; and
WHEREAS, it is necessary to amend the Butte County
General Assistance Manual to eliminate the right to a fair hearing
to challenge these legislatively permitted adjustments to the
General Assistance rate.
NOW, THEREFORE, it is hereby resolved as follows:
1. That the County of Butte adopt as a standard of aid and
care the standard permitted by Welfare and Institutions Code
Section 17000.5 as adjusted from time to time including, but not
limited to adjustments resulting from "regionalization" of the
maximum aid level under the Aid to Families with Dependent Children
Program and adjustments relative to the cast of housing pursuant to
Assembly Bill 2883.
2. That effective immediately, General Assistance rates of
the County of Butte shall be as set forth an Exhibit 1 of
Attachment A to this resolution.
3. The Butte County Welfare Department is specifically
authorized to modify those rates in accordance with this resolution
without further action by the Butte County Board of Supervisors.
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4. This resolution sha11 be effective as of October 1, 1992
and the General Assistance maximum aid level shall be adjusted as
of that date.
5. Section XIII, of the General Assistance Manual of the
County of Butte is amended as set forth in Attachment B.
6. Nothing contained in this resolution is intended to
affect the right of the County of Butte to implement in any manner
permissible by law or subject to the discretion of the Board of
Supervisors any change in law effective after the date of this
resolution which permits counties to further adjust or eliminate
general assistance aid levels.
PASiSED AND ADOPTED on this 6th day of October, 1992 by
the Butte County Berard of Supervisors by the following vote:
AYES: Supervisors McTnturf, ~Ioux, McLaughlin, Fulton and Chair Dolan
NOES : None
ABSENT : None
NOT VOTING: None
JAN~DOIsAi~~, Chair ~`~~~-
Butt County Board of Supervisors
ATTEST:
JOHN S. BLACKLO , Chief Administrative Officer and
Clerk of the Bo r~ of Supervisors
By
PERSONS
Current Level
4.5°° Rollback
Approved for AFDC
effective 10-01-92
1.3°° Rollback
Pending Federal
Waiver-Anticipated
Implementation
12-01.92
AFDC Regionaliration
1.7% Rollback
Would be combined
with first 4.5%
Rollback plus 13°°
Rollback for total
reduction of 7.5%
This requires a
Federal Waiver and
is the least likely
to be approved by
Federal Government
as it is linked to
comparable reduction
in SSI/SSP amounts
Implementation date
unknown.
4.5°° Rollback
Wil16e approved per
SB 485 ONL Y if Federal
Waiver for AFDC region-
alization is not
granted. Implementation
date unknown.
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GENERAL ASSISTANCE RATES
~ 2 3 4
327 439 550 663
312 419 525 633
308 414 518 625
303 407 509 014
Z94 395 495 597
,gay y •'-ti at`f'.cyb+i/rie -'~T'X`~.
.. ,ate _ - . - ,. _ .
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B. THE MAXIMII~i AtiiaOY~IED FOR STATED NEED ITEMSSHALL BE:
Household Size 1 2 3 4
Housing and
Utilities $169.00 $126.00 $151.00 $175.00
Essential Needs 5143.00 X293.00 $374.OQ S45 .00
Total 5312.00 $419.00 $525.00 $633.00
For each additional eligible household member $40.00 is to be
added to the housing and utilities level and $39.00 to the
essential needs level. The maximum grant for any household is
$987.00.
C. BOARD AND ROOm+i may be paid to other than a responsible
relative, to a maxianim of $283.00 {shelter, food, utilities) .
A cash needs check ($29.00) shall be authorized as a direct
payment.
Shelter and Utilities $16~.nQ
Food 11.4 - 00
Total $283.00
D. HOARDING HOME CARE (non-medical facility? shall not exceed the
following allowance:
Shelter and Utilities $169.00
Food $114.00
Care and Supervision 5155.04
Total $438.Q0
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E. THE MAXIMDM ALLOWED FOR STATED NEED ITEMS SHALL 88:
Househo~.d Size 1 2 3 4
Housing and
Utilities $1G5.D0 $121.00 $144.00 $167.00
Essential Needs X14.3._00 5293,00 5374.00 5458.00
Total $308.00 $414.00 $518,00 $625.00
For each additional eligible household member $40.00 is to be
added to the housing and utilities level and $39.00 to the
essential needs level. The maximum grant for any household is
$987.D0.
C. BOARD AND ROOD may be paid to other than a responsible
relative, to a maximum of $279.00 (shelter, food, utilities}.
A cash needs check ($29.00} shall be authorized as a direct
payment.
Shelter and Utilities $165.00
FOOd 5114,_,.00
Total $279.00
•°D. BOARDING HOME CARE (non-medical facility} shall not exceed the
following allowance.
Shelter and Utilities $165.00
Food $114.00
Care and Supervision 5155.00
Total $434.D0
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B. THE MAXIMUM
E.
ALLOi+JED FOR 1
STATED NEED ]:TENS
SHALL 8E: '
Household Size 1 2 3 4
Housing and
Utilities $160.00 $114.00 $3.35.00 $156.00
Essential Needs 514 4Q 5293.00 374.00 5458.00
Total $303.00 $407.00 $509.00 $614.00
For each additional elig~.ble household member $40.00 is to be
added to the housing and utilities level and $39.00 to the
essential needs level. The maximum grant far any household is
$9a7.ao.
C. BOARD AND ROOM may be paid to other than a responsible
relative, to a maximum of $274.00 {shelter, food, utilities).
A cash needs check {$29.00) shall. be authorized as a direct
payment_
Shelter and Utilities $160.00
Food 114.00
Total $274.00
D. BOARDING HOME CARE (non-medical facility) shall not exceed the
following al3.owance:
Shelter and Utilities $160.00
Food $114.00
Care and Supervision $155.00
Total $429.00
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H. THE MAXIMUM ALLOWED FOR STATED NEED ITEMS SHALL HE:
Household Size 1
2 3 4
Housing and
Utilities $151.00 $102.00 $121.00 $139.00
Essential Needs 5143.00 $293.00 74.00 $45$.00
Total $294.fl0 $395,00 $495.00 $597.00
Far each additional el igible household member $40.00 is to be
added to the housing aad utilities level and $39.00 to the
essential needs level.. The maximum grant for any household is
$987.00.
C. BOARD AND ROOM may be paid to other than a responsible
relative, to a maximum of $265.00 (shelter, food, utilities}.
A cash needs check ($29.00} shall be authorized as a direct
payment.
Shelter and Utilities $151.00
Food 5114.00 .
Total $265.00
D. BOARDING HOME CARE {non-medical facility} shall not exceed the
following allowance:
Shelter and Utilities $151.OD
Food $114.00
Care and Supervision 5155.00
Total $420.D0
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11. BU-GA-41.9 - work search report {copy in case, original to
client) .
7.2. BU-M-101 - Request for information and home visit
notices.
1.3. BU-GA-408 - Budget record sheet.
14. BU-278 - Financial Authorization Record.
15. Copies of significant correspondence.
16. ether appropriate forms, i.e., medical release and
reports, copy of Purchase Orders, etc.
XTTT.GENERAL ASSISTANCE FAIR HEARING PROCEDURE
A General Assistance Fair Hearing is a form of Administrative
Hearing whereby a dissatisfied claimant may obtain an
impartial review of any General Assistance action.
A. Rights to a General Assistance Hearing
A request for a General Assistance Hearing may be either
written ar oral.
1. Upon the County receiving the written fair hearing
request, it will be submitted to the Supervisor of
the Administrative Review Unit.
2. If the County received an oral request, the
specific issue will documented on the Chronological
Data Sheet in the case record; and
a. An inter-departmental memorandum (stating the
specific hearing issue noting case name and
number} will be sent to the Supervisor of the
Administrative Review Unit.
b. Upon learning of the client's oral hearing
request, the Eligibility Worker responsible
for the case will. send the client a General
Assistance Hearing Request Form {BU QC 12) to
be returned to this office, stating the
specific hearing issue.
The date of the claimant's oral request will
be accepted as the filing date far the fair
hearing.
3. Notwithstanding any other regulation, there is no .~
right to a General Assistance Fair Hearing when an ~
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Rzi'ACH~ENT ~
action of the Board of Supervisors to amend the
General Assistance regulations, is the basis for
the issue to be heard.
a. All hearings requested based on an action of
the Board of Supervisors shall be dismissed by
the Welfare Department based on lack of
jurisdiction.
b. The notice of dismissal shall include a
statement regarding the claimant's right to a
judicial review by court.
B. Time Limit on Request for a General Assistance Hearing
The request for a General Assistance hearing must be
filed within 90 days after the date of the action with
which the claimant is dissatisfied.
1. If the claimant received a Notice of Action dated
March 15, 1983, the first day of the 90-day period
would begin March 16, 1983. June 13, 1983 would be
the last day (90th? of the 90-day period.
2. In all other cases when a Notice of Action is sent
to the claimant, the date of action or inaction
shall be considered to be the date the action was
discovered.
Discovered date is the date the claimant knew, or
should have known, of the action.
C. Authorized Representative
1. The claimant may authorize a representative to
represent him/her at a General Assistance Hearing
by signing. a written statement to that effect or by
stating at the hearing that the person is so
authorized. The authorization may be limited in
scope or duration by the claimant, and may be
revoked at any time.
2. Whenever the claimant is represented by an
authorized representative, the authorized
representative shall be furnished a copy of all
notices and decisions concerning the General
Assistance Hearing, which are provided to the
claimant.
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D. Aid Paid Fending a Hearing
When the claimant files a request for a General
Assistance Hearing before the effective date of the ~
proposed action, aid shall be continued, provided the ~
claimant does not voluntarily and knflwingly waive aid,
until the hearing decision, in the amount that the o0
claimant would have been paid if the proposed action had _
nat been taken.
E. Preparation for the General Assistance Hearing
1. Upan receipt by the Supervisor of the
Administrative Review Unit of the General
Assistance Fair Hearing Request:
a. Aid Paid Pending determination will be made in
two working days.
b. The County Appeals Worker may have 15 working
days or less to conduct the initial review and
prepare a typewritten Statement of Position
from the date the Supervisor of the
Administrative Review Unit received the
hearing request.
c. No later than the 16th working day, the
Supervisor of the Administrative Review Unit
will submit the typewritten Statement of
Position to the Referee.
d. The Supervisor of the Administrative Review
Unit will schedule a fair hearing and advise
the Referee of the date and location.
e. The Supervisor of the Administrative Review
Unit will notify the claimant of the scheduled
hearing date, time and Location of the
hearing.
Example:
(1} April 1st - Supervisor of the ARU
receives the hearing request.
(2} April 21st (15 working day} - Statement
of Pasition to be prepared.
(3} April 22nd (16th working day) -
Supervisor of the Administrative Review
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Unit will submit the Statement of
Position to the Referee.
(4} April 22nd to May ~.2th (15 working days}
- the Fair Hearing will be conducted.
f. The claimant will be provided seven-calendar-
days advance notice of the hearing date and
time. (Sections a and f should be escpedited
to eliminate Aid Paid Pending.}
2. Prior to the General Assistance Hearing, the County
Appeals Worker shall:
a. Contact the claimant to determine and clarify
the hearing issue (s}.
b. Review the applicable regulations and policies
in light of the evidence which exists in the
case record. In conducting this initial
review, the County Appeals Worker shall
contact the Eligibility Worker and other
County personnel as appropriate.
c. After conducting the initial review, the
Supervisor of the Administrative Review Unit
shall make a determination concerning the
appropriateness of the County action.
3.} If the Supervisor of the Administrative
Review Unit concludes the County action
was incorrect, the claimant shall be
contacted to resolve the case without a
hearing.
2} If the Supervisor of the Administrative
Review Unit determines the County action
was correct, the Appeals Worker shall:
a} Determine if there are any further
contentions which the claimant will
attempt to raise at the hearing.
b} Provide any and all information
which can be of assistance to the
claimant in preparing for the
hearing, including regulations
and/or policy for the General
Assistance Program.
c} Prior to the hearing, the County
Appeals Worker shall have a prepared
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typewritten Statement of Position
completed 15 working days from the
date the General Assistance Hearing
request was received by the County
Welfare Department. (Same format as
used in State Hearings.) The
position statement shall summarize
the facts of the case record and set
forth the regulatory justificatifln
for the County`s action. The County
shall include as attachments to the
Position Statement copies of
documentary evidence.
d) The County Appeals Worker shall
determine if the presence of the
Eligibility Worker or other County
witnesses would be helpful for the
resolution of the issue.
e) At the hearing, the Supervisor of
the Administrative Review Unit, or
his/her representative, shall assume
full responsibility for presentation
of the County's case. Such
presentation shall include:
1) Summarizing the written
Position Statement.
2} Presenting the testimony of
County witnesses.
3} Cross-examining the testimony
of the claimant and the
claimant's witnesses.
4) Responding to any questions
from the claimant or Hearing
Officer concerning the case.
5) Have the case record available
at the hearing. The Supervisor
of the Administrative Review
Unit shall have the authority
at the hearing to make binding
agreements and stipulations on
behalf of the County Welfare
Department.
d. The Appeals Worker may obtain a
withdrawal from the claimant at any
point, during the review process if the
issue becomes resolved.
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F. Setting of the Hearing
1. The Referee shall be an impartial, qualified
individual, selected by the Soard of Supervisors,
who has not been a participant in the protested
action nor directly affiliated with said aid
program, but has thorough knowledge of the program.
2. Evidence and testimony will be provided to the
Referee by both the County and the claimant and all.
witnesses.
3. Only those issue(s) cited in the hearing request
will be addressed during the hearing.
4. An Aid Paid Pending decision will be made at the
hearing, and effective that same day.
5. The Referee shall render a final written hearing
decision based only upon regulations and the
evidence produced at the hearing. The decision
shall specifically state the findings of fact and
the pertinent regulations upon which the decision
is based.
6. The Fair Hearing decision shall be rendered within
60 working days from the date of the concluded
hearing. (The total hearing process will be
executed within 90 working days.)
7. All General Assistance Fair Hearings will be held
at a convenient location in Oroville, California.
Tf the claimant is unable to attend the hearing at
the hearing location for reasons of poor health,
the hearing shall be held in the claimant's home or
any other place agreed to by the County and the
claimant.
G. Rehearing (Second level of Appeal Process)
1. The claimant of the County must submit a written
request for rehearing to the Referee within 30 days
from the date of the adopted Fair Hearing decision.
2. A written decision to grant or deny the rehearing
will be made by the Referee within 30 days from the
date the written rehearing request was received in
this office.
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f.:
a. A rehearing shall be granted if any of the
following criteria is stated in the request:
1) Additional evidence not presented in the
initial hearing.
2 ) State why the additional. evidence was not
previously introduced.
3) Explain the additional evidence's
materiality.
3. If the rehearing request is granted, the same
procedure cited in F above will be followed, except
for Section F, 4, which does not apply.
4. If the rehearing request is denied, the written
decision shall contain a statement concerning a
right to judicial review by court.
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