El Dorado County Municipal Code Art. I General Provisions

This chapter shall be known and may be referred to in all proceedings as the County General Assistance Ordinance.

(Code 1997, § 2.63.010)

The purpose of this chapter is to adopt standards to meet the requirements of Welfare and Institutions Code § 17000, and to assist County indigents to become productive members of the community.

(Code 1997, § 2.63.020)

The provisions of this chapter shall be administered by the County Health and Human Services Agency (hereafter "Agency"). The Agency is authorized and directed to adopt rules and regulations in order to implement and make more specific this chapter.

(Code 1997, § 2.63.030)

The Agency, in cooperation with the County collector, shall maintain accurate records of the actual cost to the County of all assistance granted pursuant to this chapter, and of all payments made to the County for reimbursement thereof.

(Code 1997, § 2.63.040)

The Agency shall hold confidential all general assistance cases except as provided in Welfare and Institutions Code § 17006.

(Code 1997, § 2.63.045)

When used in this chapter, the following words and phrases shall have the meaning indicated, unless the context or subject matter otherwise requires:

AFDC regulations means the administrative regulations promulgated by the California Department of Social Services for the aid to families with dependent children categorical assistance program or a successor.

Agency means the County Health and Human services Agency.

Application means a written request for assistance of this chapter in a form and manner prescribed by the Agency. All persons who request assistance shall be provided an application form, information on how to fill it out, assistance in filling out the form when possible and notice of the right to a hearing.

Authorized representative means a person who has been recognized by the United States Secretary of Health and Human Services as being of good character, in good repute, possessed of the necessary qualifications to enable him or her to render the indigent claimant valuable services and otherwise competent to advise and assist the claimant in the presentation of the case.

Categorical assistance program means any public assistance program which provides non-medical cash or in-kind assistance to needy persons.

Disability means any health-related condition which limits a person's ability to maintain employment.

Emergency assistance for nonresidents means assistance including food, shelter, repair of automobile or transportation to indigent persons who are not residents of the County.

Emergency assistance for residents means assistance to an eligible resident who has indicated that he or she needs food, shelter, utilities, transportation or clothing.

Employment means part-time or full-time work, including commission work or self-employment, whether or not income is generated.

Employment program means any service which provides activities designed to lead to employment.

Employment skills and training activity (ESTA) means any activity designed to develop and enhance specific job skills and employability.

Failure, for purposes of application of penalties, means three separate acts of negligence, no show for assigned activities with no contact from the applicant or recipient or a verbal or written refusal to participate in or cooperate with the provisions of this chapter.

Income means any cash benefit provided from any source, including income from employment or categorical assistance other than food stamps.

Legally emancipated minor means a person under the age of 18 who has been declared legally emancipated by a court of competent jurisdiction, or who has ever been legally married.

Market value means the value of a resource, minus all encumbrances of record, as determined by a property valuation specialist selected by the Agency, or by a publication acceptable to the Agency.

Rehabilitation means any service designed to reduce health barriers to employability.

Resident means any person who lives, or intends to live, in the County, and has resided in the County for at least 15 consecutive days, and has proof of ties to the community, including, but not limited to, employment, past employment, school enrollment, family or shelter/housing costs.

Resources includes, but is not limited to, cash on hand, the value of checking or savings accounts, stocks, bonds, promissory notes, securities, motor vehicles, real property, trust deeds, and any other item of real or personal property which has a cash value.

Responsible relative means a person who is legally obligated to provide support for the recipient, such as a spouse for spouse or parent for minor child. Exemptions from responsibility may be made if further action may result in severe physical or emotional harm to the recipient and evidence of harm can be demonstrated with corroborative information, such as law enforcement reports.

Transitional assistance program (TAP) means the County employment program which provides temporary services and financial assistance to promote self-sufficiency.

(Code 1997, § 2.63.050)

A. Except as provided in Subsection B of this section, in all instances where the County action would result in a discontinuance, termination, or decrease of aid, the County shall mail timely and adequate notice to the persons affected. The notice shall be mailed to the person affected at least ten days prior to the effective date of the proposed decision.

B. Timely notice is not required in the following instances, although the County shall send written adequate notice no later than the effective date of the action:

1. When a person fails to appear for an employment activity program and is unable to establish continuing eligibility when contacted by phone or letter. After this initial contact, the person shall be notified in writing that the voucher is being held, that this person has a right to a good cause determination, after which the voucher may be released or the grant discontinued in accordance with the penalties provisions of Article VIII of this chapter;

2. The County has factual information confirming the death of the person affected;

3. The County receives a clear statement by the person affected that:

a. He or she no longer wishes aid; or

b. Gives information which requests discontinuance or reduction of aid, and the person has indicated in writing that he or she understands that this must be the consequences of supplying such information or the person has been advised in writing that this must be the consequence of supplying such information;

4. The whereabouts of the person affected are unknown, and the County mail directed to him or her has been returned from the post office indicating no known forwarding address. The person's aid payment must, however, be made available to him or her if his or her whereabouts become known during the payment period;

5. The person affected has applied for, or been accepted for, aid in a new jurisdiction, and that fact has been established by the County;

6. A special allowance granted for a specific period is terminated, and the recipient has been informed in writing at the time of initiation that the allowance shall automatically terminate at the end of the specified period.

7. All persons shall receive adequate written notice informing the claimant of the action the County intends to take, the reasons for the intended action, the specific ordinance or regulations supporting such action, an explanation of the claimant's right to request a County hearing, and, if appropriate, the circumstances under which aid shall be continued if a hearing is requested.

(Code 1997, §§ 2.63.450, 2.63.460)

A. A County hearing is available to a claimant who is dissatisfied with a County action and requests a hearing in the manner set forth in this chapter. The term "County action" shall include all actions which require adequate notice and any other County action or inaction concerning the claimant's application for or receipt of aid.

B. A request for a County hearing shall be in writing and shall state the basis for appeal. The request must be filed at an office of the County department.

C. A request for hearing may be made in any written form. However, claimants are encouraged to use the reverse side of the notice of action form series. If an interpreter will be necessary, the claimant should so indicate on the hearing request.

(Code 1997, § 2.63.410)

A. The request for a County hearing must be filed within 60 days after the date of the County action with which the claimant is dissatisfied.

B. If the claimant received adequate notice of the County action, the date of the County action shall be the date on which the notice was mailed to the claimant.

C. In all other cases, the date of the County action or inaction shall be considered to be the date the County action was discovered. The date of discovery is the date the claimant knew, or should have known, of the action.

D. Where a request for County hearing concerns the current calculation of the amount of aid, the request must be filed within 60 days of a request for general assistance, but the period of review shall extend back to the first of the month in which the first day of the 60-day period occurred.

(Code 1997, § 2.63.420)

Unless the evidence indicates otherwise, the filing date of the claimant's written request for a County hearing shall be determined as follows:

A. If the request is mailed first class, postage prepaid, to the department, the postmark date of the envelope;

B. If the request is delivered by hand to the department, the date stamped on the request for the hearing;

C. If the date cannot be determined by the methods described in Subsections A and B of this section, two days before the request was stamped "received" by the department;

D. If the date cannot be determined by Subsections A through C of this section, the date the request was signed.

(Code 1997, § 2.63.440)

A. Upon receipt of a request for hearing the County shall:

1. Within five working days determine whether the claimant is entitled to aid pending the hearing;

2. If the claimant is so entitled, immediately authorize payment. In no event shall the County delay action until an aid paid pending determination is made at the hearing. If APP is not appropriate, the County shall continue with its proposed action.

B. Each case for which a County hearing request has been filed shall be assigned to a county representative who shall assume the major responsibility for preparing the case in accordance with the requirements of this section and/or presenting it at the hearing. The County representative shall not have had immediate prior involvement with the case.

(Code 1997, § 2.63.480)