Article VII — COUNTY ADULT ASSISTANCE PROGRAMS

Editor’s Note: As part of the revision and consolidation of Administrative Code provisions relating to indigent aid programs, Ordinance 153-16 (approved 8/1/2016, effective 8/31/2016, operative 1/1/2017) repealed former Articles IX, X, and XI, and incorporated successor provisions into this Article, which was amended essentially in its entirety.

Sec. 20.7-1. Title.

Sec. 20.7-2. Authority and Mandate.

Sec. 20.7-3. Definitions.

Sec. 20.7-4. Purposes and Principles.

Sec. 20.7-5. Policy and Administration.

Sec. 20.7-6. Eligibility for Aid.

Administration of Family General Relief Program; Maximum Grant Amount; Sec. 20.7-7. Promulgation of Program Rules.

Sec. 20.7-8. Proration of Income Over Contract Period.

Sec. 20.7-9. Rebuttable Presumption of Ineligibility – Students.

Sec. 20.7-10. Rebuttable Presumption of Ineligibility – Current Income or Expenses.

Sec. 20.7-11. Residency Requirement.

Sec. 20.7-12. Allowable Real Property.

Sec. 20.7-13. Allowable Personal Property.

Sec. 20.7-14. Exempt Income or Resources.

Sec. 20.7-15. Reimbursement Agreement.

Sec. 20.7-16. Identification.

Sec. 20.7-17. Finger-Imaging and Photo- Imaging.

Sec. 20.7-18. Exemption for Terminal Illness.

Sec. 20.7-19. Ineligibility of Fleeing Felons.

Ineligibility of Individuals who Have Reached the Time Limit for Receipt of Sec. 20.7-20. CalWORKs Aid Under State Law.

Sec. 20.7-21. Computation and Payment of Aid Grants; Amounts Payable.

Sec. 20.7-22. Housing.

Sec. 20.7-23. Basic Needs; Personal Needs.

Sec. 20.7-24. Special Allowances; Income-in-Kind Value Exceeds Monthly Maximum Grant.

Sec. 20.7-25. Continuing Eligibility.

Sec. 20.7-26. Work Requirements and Exemptions.

Sec. 20.7-26.5. Substance Abuse Screening, Evaluation, and Treatment.

Sec. 20.7-27. Intensive Employment Services Program.

Sec. 20.7-28. Termination of Employment.

Sec. 20.7-29. Good Cause.

Use of Minimum Hourly Wage Rate to Calculate Maximum Number of Hours of Sec. 20.7-30. Service.

Sec. 20.7-31. Emergency Aid Payments.

Sec. 20.7-32. Aid Payments; In General.

Sec. 20.7-33. Aid Payments; Mandatory Direct Rent Payment Program.

Sec. 20.7-34. Aid Payments; In-Kind Aid.

Sec. 20.7-35. Aid Payments; To Whom Paid and Delivered.

Sec. 20.7-36. Aid Payments; Administrative Discontinuance.

Sec. 20.7-37. Aid Payments; Lost, Forged or Stolen Warrants; Loss or Theft of Warrant Proceeds.

Sec. 20.7-38. Fair Administration; Disclosures; Overpayment.

Sec. 20.7-39. Quality Control Program; Requirements.

Sec. 20.7-40. Quality Control Program; Reports.

Sec. 20.7-41. Records; Maintenance of.

Sec. 20.7-42. Records; Confidentiality.

Sec. 20.7-43. Records; Destruction of.

Sec. 20.7-44. Fraud in Obtaining Aid.

Sec. 20.7-45. Hearing; Opportunity.

Sec. 20.7-46. Notice of Proposed Action.

Sec. 20.7-47. Request for Hearing.

Sec. 20.7-48. Aid Paid Pending.

Sec. 20.7-49. Hearing; Notice of Hearing; When Held.

Sec. 20.7-50. Impartial Hearing Officer.

Sec. 20.7-51. Hearing; Hearing Rights.

Sec. 20.7-52. Informality, Evidence, Appearance, and Counsel.

Sec. 20.7-53. Hearing Decision.

Sec. 20.7-54. Hearing; Finality; Effect of Nonappearance.

Sec. 20.7-55. Funding.

Sec. 20.7-56. Evaluation.

Sec. 20.7-57. Severability.

Sec. 20.7-58. Promotion of the General Welfare.

(a) This Article VII is enacted to establish rules and requirements for the administration of aid to the indigent and dependent poor of the City and to adopt standards and conditions for such aid.

(b) The purpose of General Assistance is to provide short-term financial or in-kind assistance and other services to indigent residents of the City and County who are unable to support themselves and have exhausted their own means of support; and are not residents of state or private institutions. General Assistance is intended to enable and encourage persons aided to:

(1) Find employment if employable;

(2) Receive support from other federal or State sources; and

(3) Reduce or eliminate the conditions that have led to indigency and dependency.

(c) The purposes of the PAES Program are: (1) to provide quality evaluation of vocational experience, qualifications, strengths, and needs; and (2) to provide the participant with the supportive services and activities necessary to assist the participant in obtaining paid employment.

(d) The purpose of the CALM Program is to provide cash payments to those individuals who have been determined to be eligible for Medi-Cal, the State health care program, as set forth in California Welfare and Institutions Code Sections 14000 et seq., on the basis of being aged, blind, or disabled, and who meet specific financial criteria, but who are not eligible for federal or State support.

(e) The purpose of the SSIP Program is to provide cash payments to those individuals with medical verification of a permanent disabling condition pending their application for federal disability benefits.

(f) The purpose of the Family General Relief Program is to provide assistance to indigent families with minor children who are ineligible for CalWORKs as a result of the application of the income deeming rule for sponsored noncitizens.

(g) Assistance is to be administered in a manner which is consistent with and will help achieve basic program purposes and which respects individual privacy and personal dignity. The following policies and principles govern the public social services:

(1) Assistance is to be administered promptly and humanely, without discrimination on account of race, sex, sexual orientation, religion, or political affiliation.

(2) Assistance is to be so administered as to encourage self-respect, self-reliance, and the desire to be a productive citizen.

(3) Assistance is to be administered with courtesy, consideration, and respect, and without attempting to elicit any unnecessary information.

(4) Duties should be performed in such a manner as to secure for every Applicant or Recipient the amount of aid to which he or she is entitled under the law.

(5) Duties should be performed in a manner that usefully assists all employable Recipients in seeking employment and all unemployable Recipients in obtaining other appropriate public benefits.

(6) There is to be no question, inquiry, or recommendation relating to the political or religious opinions or affiliations of any Applicant or Recipient.

(7) Assistance is to be administered in the most cost-effective manner possible.

(As Sec. 20.55.4, amended by Ord. 271-81, App. 5/21/81; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-4 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

(a) The Board of Supervisors has authority for establishing the policies under which the County Adult Assistance Programs are administered, and any change or exceptions, except as otherwise provided, may be made only upon its authorization.

(b) The Department shall administer the County Adult Assistance Programs. The Executive Director shall establish rules and regulations for the proper administration of the County Adult Assistance Programs.

(c) In actual emergencies, the Executive Director may make exceptions to policies pending action by the Board of Supervisors. Such action shall be reported to the Board of Supervisors within five working days.

(As Sec. 20.55.5, amended by Ord. 212-80, App. 5/16/80; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-5 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

(Amended by Ord. 212-80, App. 5/16/80; Ord. 152-98, App. 5/12/98; repealed by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

(a) Aid, services, or both shall be granted under the provisions of this Article VII and subject to the regulations of the Department to individuals and to families, as that term is defined in Section 20.7-21 of this Article.

(b) Eligibility for General Assistance. Applicants and Recipients shall be eligible for benefits under the General Assistance Program if they meet the eligibility standards set forth in this Article VII, and any rules or regulations promulgated thereunder.

(c) Eligibility for the PAES Program. Applicants and Recipients shall be eligible for benefits under the PAES Program if they meet the eligibility standards set forth in this Article VII, and any rules or regulations promulgated thereunder, and:

(1) Have been determined to be employable based on the Department’s assessment of their physical and mental health, and their ability to perform work;

(2) Meet the residency requirement set forth in Section 20.7-11; and

(3) Agree to fulfill the job readiness activities required of PAES participants as set forth in Section 20.7-26.

(d) Eligibility for the CALM Program. Applicants and Recipients shall be eligible for benefits under the CALM Program if they meet the eligibility standards set forth in this Article VII, and any rules or regulations promulgated thereunder, and:

(1) Submit to the Department a complete Medi-Cal application; and

(2) Are determined to be eligible for Medi-Cal benefits for the aged, blind, or disabled, based upon State eligibility criteria.

(e) Eligibility for the SSIP Program. Applicants and Recipients shall be eligible for benefits under the SSIP Program if they meet the eligibility standards set forth in this Article VII, and any rules or regulations promulgated thereunder, and have a permanent disability, as determined by the Department.

(f) Eligibility for the Family General Relief Program. Applicants and Recipients shall be eligible for benefits under the Family General Relief Program if:

(1) There is a minor in the Applicant household;

(2) The Applicant household has demonstrated that it would be eligible for CalWORKs cash assistance, but for application of the deeming rule for sponsored noncitizens, as set forth in California Welfare and Institutions Code Section 11008.135, as such sections may be amended from time to time; and

(3) The Applicant household has no other source of income.

(g) Eligibility criteria applicable to all Applicants and Recipients of the General Assistance, PAES, CALM, and SSIP Programs.

(1) Unemployment due to a bona fide strike, lockout, or other labor dispute in and of itself shall have no effect on eligibility for assistance under this Article VII, provided the Applicant or Recipient meets all other eligibility requirements and actively seeks and accepts offers of employment.

(2) Initial aid payments shall be conditional upon attendance at Department orientation programs.

(3) All Applicants shall seek other means of federal or State support, where available, including, but not limited to, support available under State and federal programs such as SSI/SSP, CalWORKs, CAPI, Medi-Cal, Supplemental Security Income, Social Security, Unemployment Insurance, CalFresh or any successor program administered under the Supplemental Nutrition Assistance Program.

(4) Residents of a state or private institution shall be ineligible for assistance under this Article VII, per California Welfare and Institutions Code Section 17000.

(5) An individual serving a sanction for fraud under any of the County Adult Assistance Programs set forth in this Article VII is ineligible to receive benefits under any of the other County Adult Assistance Programs until that sanction period is completed.

(As Sec. 20.56, amended by Ord. 271-81, App. 5/21/81; Ord. 152-98, App. 5/12/98; redesignated as Sec. 20.7-6 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

(a) The Department of Human Services shall administer the Family General Relief Program.

(b) For each eligible individual or for each eligible family of two or more persons who qualify for aid under the Family General Relief program, the maximum monthly amount of aid to which such Recipients are entitled shall be equal to the maximum monthly grant to which a household of the same size is eligible under the CalWORKs program. For purposes of this subsection (b), household size shall be determined based on the number of minors who are eligible for Family General Relief.

(c) The Department of Human Services shall promulgate regulations for the administration of the Family General Relief Program. The regulations shall be aimed at meeting the needs of households with minors and shall promote the efficient administration the program. The regulations shall establish procedures for determining eligibility for Family General Relief, processing applications, recertifications, sanctions, discontinuances, notices and administrative appeals, and such other procedures as the Director determines would serve the interest of the program.

(Added by Ord. 153-16, File No. 160636, App. 8/1/2016; Eff. 8/31/2016, Oper. 1/1/2017)

The income of any person under a contract of employment who works and receives income from such contract shall be prorated over the period of the contract for the purposes of this Article VII.

(As Sec. 20.56.2, amended by Ord. 212-80, App. 5/16/80; Ord. 152-98, App. 5/12/98; redesignated as Sec. 20.7-8 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017; amended by Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018)

(Amended by Ord. 212-80, App. 5/16/80; Ord. 152-98, App. 5/12/98; repealed by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

(Amended by Ord. 212-80, App. 5/16/80; Ord. 152-98, App. 5/12/98; repealed by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

Status as a full-time student shall create a rebuttable presumption that such person is unavailable for, or unable to accept, offers of employment. The presumption may be rebutted by satisfactory evidence presented to the Department of the student’s opportunity, availability, and intent to seek employment on a full-time basis.

(As Sec. 20.56.5, amended by Ord. 212-80, App. 5/16/80; Ord. 152-98, App. 5/12/98; redesignated as Sec. 20.7-9 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

Verified paid income or expenses during a current month of eligibility and/or application which exceed the otherwise eligible Applicant/Recipient’s total monthly income and/or assets shall create a rebuttable presumption of ineligibility for aid.

(As Sec. 20.56.6, amended by Ord. 271-81, App. 5/21/81; Ord. 152-98, App. 5/12/98; redesignated as Sec. 20.7-10 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

(Amended by Ord. 212-80, App. 5/16/80; repealed by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

(a) Residency in the City for 15 continuous days, prior to the time of application, is a requirement of eligibility for General Assistance, the CALM Program, and the SSIP Program. Residency in the City for 30 continuous days, prior to the time of application, is a requirement of eligibility for the PAES Program. No aid shall be paid until such residency is verified. Residency in the City is established by physical presence and intent to reside in the City which is satisfactorily substantiated by the Applicant or Recipient. An Applicant who may not lawfully reside in the City shall not meet the residency requirement and shall not be eligible for aid under this Article VII.

(b) Eligibility for assistance under this Article VII will terminate immediately upon abandonment of residency in the City.

(As Sec. 20.56.8, amended by Ord. 212-80, App. 5/16/80; amended by Proposition V, 11/2/93; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-11 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

An Applicant or Recipient of assistance under this Article VII may retain real property used as his or her home, provided that the Applicant’s or Recipient’s net monthly housing expense does not exceed the otherwise eligible Applicant/Recipient’s total monthly income and/or assets.

(As Sec. 20.56.9, amended by Ord. 212-80, App. 5/16/80; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-12 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

No aid under this Article VII shall be granted or paid for any person who has not exhausted all assets and resources available to such person, provided, however, that the following properties and assets shall be considered “exempt” and shall not be counted in determining eligibility:

(a) Cash assets, savings and/or checking accounts, the total of which does not exceed the maximum property reserve permitted under the Medi-Cal program, as set forth in Section 50420 of Title 22 of the California Code of Regulations, or any successor regulations;

(b) Personal effects, exclusive of luxury jewelry;

(c) Household furnishings;

(d) Tools, trade equipment, and fixtures used in the individual’s regular trade or work;

(e) Insurance policies or funds placed in trust for the provision of interment or for funeral expenses to the extent of not more than $1,500 per family;

(f) An interment plot for use by members of the Applicant’s or Recipient’s family;

(g) A vehicle with a cash value that does not exceed the maximum equity value of a vehicle permitted under the CalWORKs program, as set forth in California Welfare and Institutions Code section 11155(c), or any successor statute; and

(h) Life insurance policies with a combined face value of up to $1,500.

(As Sec. 20.56.10, amended by Ord. 271-81, App. 5/21/81; Ord. 125-93, App. 4/30/93; Ord. 419-94, App. 12/23/94; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-13 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

For the purpose of this Article VII, the following types of income and resources shall not be considered available to the Applicant or Recipient in determining eligibility:

(a) Income from relocation payments to individuals receiving aid under this Article VII being displaced by a redevelopment agency or any

successor agency;

(b) SSI/SSP benefits and resources of a member of the Applicant’s or Recipient’s household;

(c) Any verified grants or loans made to a Recipient or to an Applicant in the month of application, or one month immediately prior to application for the purpose of enabling that Recipient or Applicant to pay his or her rent, or for the purpose of payment of first and last month’s rent and any lawful rental deposit;

(d) Income tax refunds, including the State and federal Earned Income Tax Credit (EITC), issued to the Applicant or Recipient;

(e) Payments made to the Applicant or Recipient under the Foster Care, Adoption Assistance, or KinGAP Programs;

(f) Payments made to an Applicant or Recipient as a result of participation in job readiness or training programs, exclusive of wages earned through subsidized employment;

(g) The portion of any student grants or loans that is paid directly to the educational institution for tuition, fees, and/or books;

(h) Payments made to the Applicant or Recipient as part of a locally-funded work incentive program;

(i) Payments made to the Applicant or Recipient as a result of participation in a Guaranteed Income Pilot Program, provided the Applicant or Recipient has not declared themselves to be homeless, as set forth in Section 20.7-34 of this Article VII; and

(j) Payments made to the Applicant or Recipient under the Cash Not Drugs Pilot Program, pursuant to Article XX of Chapter 20 of the Administrative Code.

(As Sec. 20.56.11, amended by Ord. 212-80, App. 5/16/80; Ord. 1-95, App. 1/13/95; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-14 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017; Ord. 196-23, File No. 230702, App. 9/28/2023, Eff. 10/29/2023; Ord. 257-24, File No. 240799, App. 11/14/2024, Eff. 12/15/2024)

Each Applicant or Recipient shall sign an Interim Assistance Reimbursement Agreement to authorize Department reimbursement of assistance under this Article VII from retroactive SSI/SSP benefits, in the event that the Applicant/Recipient is subsequently awarded SSI/SSP.

(As Sec. 20.56.12, amended by Ord. 212-80, App. 5/16/80; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-15 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

(a) Each Applicant shall present a verifiable social security number.

(b) Each Applicant shall present proof of identity. Except as otherwise provided in subsection (c) only the following photo identification shall be accepted:

(1) California Department of Motor Vehicles Driver’s License or a valid driver’s license from another state;

(2) A valid U.S. state Identification Card;

(3) Current United States Passport provided that such Passport contains a photo taken of Applicant/Recipient when he or she was at least 18 years of age; or

(4) Current Immigration and Naturalization identification, provided that such identification contains a photo which was taken of the Applicant/Recipient when he or she was at least 18 years of age and was taken within 10 years prior to the date of application of Applicant/Recipient.

(c) In the event that an Applicant cannot produce a valid photo identification card as specified in subsection (b), the Department may assist Applicants and Recipients once in obtaining California Department of Motor Vehicles photo identification. Failure to cooperate in obtaining a Department of Motor Vehicles identification or other permanently acceptable identification as determined by the Executive Director, after 90 days on aid under any County-funded indigent assistance program, shall be grounds for discontinuing aid. Recipients discontinued on these grounds are not eligible to receive aid under any County-funded indigent assistance program until they have valid identification pursuant to Department Regulations.

(As Sec. 20.56.13, amended by Ord. 271-81, App. 5/21/81; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-16 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

For the purpose of preventing multiple aid payments to the same person, the Department may require that Applicants and Recipients provide finger images as a condition of eligibility or continuing eligibility, subject to such procedures and regulations as the Department may adopt. Failure to cooperate with the finger imaging procedures provides grounds for denial or discontinuance of aid.

Such finger images are subject to all applicable State and federal laws and regulations regarding the confidentiality of information of Applicants for, or Recipients of, public benefits.

(Added as Sec. 20.56.14 by Proposition V, 11/2/93; redesignated as Sec. 20.7-17 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

Terminally ill Applicants with medical verification that such Applicant has a remaining life expectancy of six months or less are exempt from:

(a) Providing documentation of legal status in the United States;

(b) The provisions of Section 20.7-13(g) regarding the cash value of a vehicle, provided that the Applicant can demonstrate that such vehicle is necessary to transport the Applicant to and from medical treatment, and that he or she is physically or mentally unable to use public transportation;

(c) The provisions of Section 20.7-16 regarding the requirement to obtain and present any photo identification.

Such Applicants shall meet all other eligibility requirements.

There shall be no time limit to the duration of eligibility for the exemptions authorized under this Section 20.7-18, provided, however, that eligibility for these exemptions shall be redetermined regularly by the Department. A Recipient whose assistance is terminated and who reapplies for assistance will need to provide new medical verification of a remaining life expectancy of no more than six months upon reapplication, as set forth in Department regulations.

The Department shall maintain records of the number of individuals granted aid under this provision, and may provide a report of that number to the Mayor and the Human Services Commission, as requested.

(Added as Sec. 20.56.15 by Ord. 265-94, App. 7/29/94; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-18 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

(Added by Ord. 152-98, App. 5/8/98; repealed by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

(a) An individual shall not be eligible for assistance under this Article VII if he or she is either:

(1) Fleeing to avoid prosecution, or custody and confinement after conviction, under the laws of the place from which the individual is fleeing, for a crime or an attempt to commit a crime that is a felony under the laws of the place from which the individual is fleeing, or which, in the case of the state of New Jersey, is a high misdemeanor under the laws of that state.

(2) Violating a condition of probation or parole imposed under federal law or the law of any state.

(b) Subdivision (a) shall not apply with respect to conduct of an individual for any month beginning after the President of the United States grants a pardon with respect to the conduct.

(Added as Sec. 20.56.17 by Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-19 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

(a) Any individual who is not eligible for aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the California Welfare and Institutions Code as a result of the lifetime limitation on adult assistance specified in Section 11454 of the Welfare and Institutions Code shall not be eligible for assistance under the General Assistance Program until all of the children of the individual on whose behalf aid was received, whether or not currently living in the home with the individual, are 18 years of age or older.

(b) Any individual who is not eligible for aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the California Welfare and Institutions Code as a result of the lifetime limitation on adult assistance specified in Section 11454 of the Welfare and Institutions Code shall not be eligible for assistance under the PAES Program, the CALM Program, or the SSIP Program, unless all of the children of the individual on whose behalf aid was received are 18 years of age or older, or unless the minor children of the individual on whose behalf aid was received are not currently under the care and control of the individual.

(c) Any individual who is receiving aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the California Welfare and Institutions Code on behalf of an eligible child, but who is either ineligible for aid or whose needs are not otherwise taken into account in determining the amount of aid to the family pursuant to Section 11450 of the California Welfare and Institutions Code due to the imposition of a sanction or penalty, shall not be eligible for aid or assistance under this Article VII.

(d) This Section 20.7-20 shall not apply to any health care benefits provided under this Article VII..

(Added as Sec. 20.56.18 by Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-20 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017; amended by Ord. 53-19, File No. 190001, App. 3/22/2019, Eff. 4/22/2019)

(a) General Assistance Grant: For each eligible individual or for each eligible family of two or more persons who qualify for aid under the General Assistance Program, the maximum monthly amount of aid to which such Recipients are entitled is listed below.

(b) PAES Grant: For each eligible individual or for each eligible family of two or more persons who qualify for aid under the PAES Program, the maximum monthly amount of aid to which such Recipients are entitled is listed below.

(c) CALM Grant: For each eligible individual or for each eligible family of two or more persons who qualify for aid under the CALM Program, the maximum monthly amount of aid to which such Recipients are entitled is listed below.

(d) SSIP Grant: For each eligible individual or for each eligible family of two or more persons who qualify for aid under the SSIP Program, the maximum monthly amount of aid to which such Recipients are entitled is listed below.

(e) In the case of more than 10 persons in a family budget unit, an additional $14 each month shall be paid for each additional person in the family budget unit. For the purpose of this subsection (e), a family is defined as an Applicant/Recipient and his or her spouse or “domestic partner,” as defined under Section 62.2 of the Administrative Code, and/or any of the Applicant/Recipient’s children who are under age 18, living with, and applying for assistance under this Article VII with, such Applicant/Recipient. For family budget units in which members receive cash payments from more than one federal, State, or County assistance program, except for SSI/SSP, the maximum grant amount shall be reduced dollar-for-dollar by the amount of such cash assistance.

the Applicant/Recipient’s children who are under age 18, living with, and applying for assistance under this Article VII with, such Applicant/Recipient. For family budget units in which members receive cash payments from more than one federal, State, or County assistance program, except for SSI/SSP, the maximum grant amount shall be reduced dollar-for-dollar by the amount of such cash assistance.

(f) The Maximum Grant Amounts listed in subsections 20.7-21(a) - (e) shall be increased by any percentage cost of living increase to the Maximum Aid Payment, and according to the same schedule, if such an increase is implemented by the State in the TANF/CalWORKs program. The automatic adjustment provisions of this subsection (f) were suspended for fiscal year 1997-98. Adjustments for subsequent fiscal years made pursuant to this subsection shall not include any adjustments for any fiscal year in which the cost of living adjustments were suspended.

(g) The Maximum Grant for which an individual or family is eligible may include transportation assistance (e.g. railway tokens or passes), in which event the cost of the transportation assistance shall not be deducted from the Maximum Grant Amounts listed above to arrive at the Maximum Cash Grant Amount which may be issued by means of in-kind assistance, vouchers, checks, two-party checks, or electronic benefit transfers. The transportation assistance shall be for the sole use of the Recipient.

(h) The maximum monthly amount of aid for which an Applicant is eligible shall be the Maximum Grant Amount for which an individual or family is eligible, prorated as of the date of application, minus any nonexempt assets and/or nonexempt personal property available to the Applicant during that calendar month, and minus the value of any prorated in-kind housing, utilities, and/or meals available or provided to the Applicant. Applicants who anticipate receiving first-time income from other sources during the month of their application for assistance under this Article VII, shall receive the prorated maximum monthly grant amount for which they are eligible until the verified date of anticipated receipt of such other income.

(i) The maximum monthly amount of aid for which a Recipient is eligible shall be the Maximum Grant Amount to which he or she is eligible, minus any cash received from sources other than the County Adult Assistance Programs which is or will be available to the Recipient during the month for which aid is paid unless otherwise exempt, minus the fair market value of any nonexempt personal property which is or will be available to the Recipient during the month for which aid is paid, and minus the value of any in-kind housing, utilities and/or meals available or provided to the Recipient.

County Adult Assistance Programs which is or will be available to the Recipient during the month for which aid is paid unless otherwise exempt, minus the fair market value of any nonexempt personal property which is or will be available to the Recipient during the month for which aid is paid, and minus the value of any in-kind housing, utilities and/or meals available or provided to the Recipient.

(j) To promote the transition of County Adult Assistance Programs Recipients to gainful employment, the Executive Director may establish an Earned Income and Asset Disregard Policy for the Recipients who are employed. The Earned Income and Asset Disregard Policy shall provide for disregarding a certain amount of gross income which a Recipient earns as wages and savings derived therefrom when determining a Recipient’s County Adult Assistance Programs eligibility and grant amount.

Recipient gross wage earnings are defined for purposes of this Section 20.7-21 as any income received by the Recipient as payment for a Recipient’s labor. This Section supersedes the provisions of Section 20.7-10, Subsections 20.7-13 (a) and (b), Subsections 20.7-21(h) and (i), and Subsections 20.7-38 (d), (e), and (f) when determining Recipient eligibility and when calculating the maximum monthly amount of aid for program participants. All other Recipient income and assets shall continue to be offset on a dollar-for-dollar basis when calculating the grant amount to which a Recipient is otherwise eligible. For Recipients subject to the Earned Income and Asset Disregard Policy, eligibility for assistance under this Article VII shall be determined on a monthly basis and a Recipient’s grant amount shall be adjusted for gross wage earnings on the basis of retrospective budgeting in the month following the Recipient’s receipt of wage income. Verified expenses which exceed the total sum of a participant’s grant, wages, and savings in any given month create a rebuttable presumption of ineligibility for aid.

(k) Changes in grant amounts shall be made when a Recipient becomes eligible for aid in a different amount because of altered circumstances.

(l) A change in aid shall be made effective with the next regular pay date following knowledge by the worker of circumstances warranting a change in grant amount.

(As Sec. 20.57, amended by Ord. 271-81, App. 5/21/81; Ord. 253-90, App. 6/29/90; Ord. 389-90, App. 12/6/90; Ord. 125-93, App. 4/30/93; Ord. 206-94, App. 5/27/94; Ord. 419-94, App. 12/23/94; Ord. 155-95, App. 5/12/95; Ord. 196-96, App. 5/22/96; Ord. 209-97, App. 5/30/97; Ord. 152-98, App. 5/8/98; Proposition N, 11/5/2002; Ord. 193-03, File No. 030871, App. 7/25/2003; redesignated as Sec. 20.7-21 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017; amended by Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018)

(a) “Housing” shall include, but not be limited to, single occupancy residential hotels, master lease rooms, transitional housing, supportive housing programs, residential treatment facilities, shelter.

(b) There shall be no reduction in the amount of assistance for which an Applicant or Recipient is eligible because he or she shares housing with others who are not members of the Applicant’s family as defined in Section 20.7-21(e). All Applicants and Recipients shall be required to present a verifiable rent receipt. If the Applicant or Recipient is not the owner or prime lessee of the premises, a verifiable rent receipt signed by the owner or prime lessee may provide evidence of the Applicant’s or Recipient’s place of residence and monthly share of housing costs.

(c) When an Applicant or Recipient obtains rent-free housing, such housing shall be valued according to the Income-in-Kind Values Chart set forth in Title 22 of the California Code of Regulations, Section 50511 (the “Income-in-Kind Chart”), rather than at fair market value. The value of the rentfree housing, which is presumed to include utilities, as determined under the Income-in-Kind Chart, shall be deducted from the maximum monthly grant amount. If the Applicant or Recipient receives rent-free housing, but pays for utilities, the Applicant or Recipient must present a verifiable bill for utilities at that address, and a verifiable receipt for payment of any portion of that utility bill.

(d) Verified payments made directly to a housing provider or landlord on behalf of an Applicant or Recipient for the entire amount of the rent and/or utilities, or rent-free housing, or housing received in exchange for work, shall be assigned an in-kind value as specified by the Income-in-Kind Chart, and that value shall be deducted from the maximum monthly grant for which that Applicant or Recipient is eligible.

(e) Housing, utilities, and/or meals provided to Applicants and Recipients who are unable to provide a verifiable rent receipt, or verifiable documentation of shared housing, or verifiable documentation of rent-free housing shall be valued as in-kind housing, utilities and/or meals as specified by the Income-In-kind Chart, and that value shall be deducted from the maximum monthly grant for which that Applicant or Recipient is eligible.

(f) Nothing in this Section 20.7-22 shall be construed as requiring an otherwise eligible Applicant or Recipient to accept housing in a facility which is either the subject of a pending nuisance abatement proceeding before a duly authorized agency or department of the City or before a court of competent jurisdiction, or which theretofore has been found to be a public nuisance pursuant to any provision of the Municipal Code by a duly authorized agency or department of the City or by a court of competent jurisdiction and which nuisance has not been abated.

the subject of a pending nuisance abatement proceeding before a duly authorized agency or department of the City or before a court of competent jurisdiction, or which theretofore has been found to be a public nuisance pursuant to any provision of the Municipal Code by a duly authorized agency or department of the City or by a court of competent jurisdiction and which nuisance has not been abated.

(As Sec. 20.57.1, amended by Ord. 271-81, App. 5/21/81; Ord. 152-98, App. 5/8/98 Proposition N, 11/5/2002; Ord. 193-03, File No. 030871, App. 7/25/2003; redesignated as Sec. 20.7-22 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

Personal needs are provided for in the grant standard. No additional allowance for personal needs shall be authorized.

(As Sec. 20.57.3, amended by Ord. 212-80, App. 5/16/80; redesignated as Sec. 20.7-23 by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

(Amended by Ord. 212-80, App. 5/16/80; Ord. 152-98, App. 5/8/98; repealed by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

(Amended by Ord. 212-80, App. 5/16/80; Ord. 152-98, App. 5/8/98; repealed by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

(Amended by Ord. 212-80, App. 5/16/80; Ord. 152-98, App. 5/8/98; repealed by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

A special allowance of up to $59 per month shall be made available to any Recipient when the income-in-kind value of housing, and/or utilities, and/or meals provided to that Recipient exceeds the maximum monthly grant for which that Recipient is eligible. If such income-in-kind value does not exceed the maximum monthly grant for which that Recipient is eligible, but allows for less than $59 cash per month, that Recipient shall receive an amount that, when added to the maximum monthly grant for which that Recipient is eligible, equals $59 cash per month. This Section 20.7-24 shall not affect the collection of overpayments due to fraud or negligent failure to report facts, as set forth in this Article VII.

(Added as Sec. 20.57.6A by Proposition N, 11/5/2002; amended by Ord. 193-03, File No. 030871, App. 7/25/2003; Ord. 93-07, File No. 070208, App. 4/27/2007; redesignated as Sec. 20.7-24 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

(Added by Ord. 420-94, App. 12/23/94; Ord. 152-98, App. 5/8/98; repealed by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

(a) Persons who meet the requirements for eligibility for assistance under this Article VII are entitled to payments of aid pursuant to this Article. Recipients are required to comply with all applicable provisions of this Article and the regulations promulgated thereunder. Recipients who fail to comply with applicable provisions of this Article VII and the regulations promulgated thereunder may have their aid withheld and/or decreased and/or discontinued as set forth in California Welfare and Institutions Code Section 17001.5, or any successor statute, and Department regulations.

(b) No withholding, decrease, or discontinuance of aid shall occur unless the person to be affected has been advised of the possibility of such action by means of a Notice of Proposed Action and has been afforded the opportunity for a hearing to dispute the proposed action. When proposing to

withhold, discontinue, or reduce assistance, the Department shall comply with California Welfare and Institutions Code section 17001.5, or any

successor statute.

(c) In the case of discontinuance of a Recipient participating in the General Assistance or PAES program, the Recipient shall be unable to reapply for assistance under this Article VII for a period of at least 30 days from the effective date of discontinuance, provided that the Department has afforded the Recipient due process when making its decision.

(d) All Recipients shall periodically recertify eligibility, as required by the Department.

(As Sec. 20.58, amended by Ord. 271-81, App. 5/21/81; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-25 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

(a) Recipients shall be classified by the Department as either employable or unemployable based on the Department’s assessment of their physical and mental health and their ability to perform work.

(b) Employable Recipients shall:

(1) Be available for employment;

(2) Accept available employment unless refusal is based on good cause;

(3) Attend the evaluation sessions, if assigned to workfare activities; and

(4) Participate in mandatory job readiness activities, as required by the Department. For the purpose of this subsection (b)(4), job readiness activities include but are not limited to pre-employment activities, workfare, alternative workfare, light duty community service, and participation in programs relating to domestic violence, substance abuse, or behavioral health. All mandatory job readiness activities must be assigned or approved by the Department. The Department may waive the requirements of this subsection (b)(4) for PAES participants upon their entry into employment.

(c) The following individuals are exempt from the mandatory job readiness requirements set forth in subsection (b)(4):

(1) Persons who are 60 years of age or older;

(2) Recipients of assistance under the CALM and SSIP programs;

(3) Minors, unless they are emancipated; and

(4) Employable Recipients of assistance under the General Assistance and PAES Programs who have a temporary disabling condition that has been verified by the Department or a licensed medical provider; provided, however, that this exemption shall no longer apply once the condition ceases to be disabling.

(As Sec. 20.58.2, amended by Ord. 271-81, App. 5/21/81; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-26 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017; amended by Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018)

(a) Screening. The Department shall require all adult Recipients of aid under the General Assistance, PAES, CALM, or SSIP Program to undergo screening for substance abuse when it is determined by the Department that there is reasonable suspicion to believe that an individual is dependent upon illegal drugs. The Department shall document all findings of reasonable suspicion.

(b) Professional Evaluation. Where the screening process set forth in subsection (a) indicates that there is reason to believe that a Recipient is abusing or dependent on illegal drugs, such Recipient shall undergo a professional evaluation for substance abuse. The professional evaluation may be performed by the Department, the Department of Public Health, or by an entity funded by the City to perform this function, subject to the Charter’s restrictions regarding contracting for personal services.

(c) Treatment. Recipients who are professionally evaluated and determined to need treatment for substance abuse shall be referred to a treatment program determined to meet their rehabilitation needs, and shall be required to participate in the treatment program upon referral, provided the program services are actually available at the time of referral and are at no charge to the individual.

(d) Violations. It shall be a violation of this Section 20.7-26.5 for a Recipient to fail to comply with the screening, evaluation, and/or treatment requirements set forth in subsections (a), (b), and (c) without good cause. Recipients whose aid is discontinued for violation of this Section 20.7-26.5 shall continue to receive housing assistance for 30 days from the effective date of the notice of discontinuance. For purposes of this subsection (d), “housing assistance” means eligible, verified rent expenses and guaranteed access to in-kind shelter and meal services. The Department may extend an individual’s eligibility for housing assistance beyond 30 days provided the Department finds that such extension is necessary to prevent eviction.

(e) Rules and Regulations. Pursuant to Section 20.7-5, the Executive Director may establish rules and regulations to administer and enforce this Section 20.7-26.5, including but not limited to rules and regulations to:

(1) establish categorical exemptions from screening, evaluation, and treatment requirements relating to illegal drug use where necessary or appropriate to prioritize the allocation of scarce treatment resources and/or ensure that Recipients are not required to participate in multiple activities at the same time; and

(2) establish standards governing determinations relating to a Recipient’s need for an extension of housing assistance beyond 30 days to prevent eviction.

(f) Amendments by the Board of Supervisors. This Section 20.7-26.5 may be amended by the Board of Supervisors by a supermajority vote of eight or more members.

(Added by Proposition F, 3/5/2024, Eff. 4/12/2024, Oper. 1/1/2025)

The Department may develop and operate an Intensive Employment Services Program designed to connect employable Recipients to job opportunities. Participation in the Intensive Employment Services Program shall be voluntary and limited to Recipients of assistance under the PAES

program.

(Added by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

An Applicant who has terminated employment without good cause within 45 days of the submission of an application for aid may be denied aid. If an Applicant is denied aid on this basis, the Applicant may request a fair hearing and a determination will be made as to whether or not good cause existed for the Applicant’s decision to terminate his or her employment.

(As Sec. 20.58.4, amended by Ord. 271-81, App. 5/21/81; redesignated as Sec. 20.7-28 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

For purposes of this Article VII, where an Applicant/Recipient is required to show “good cause” for not meeting one of his/her obligations or duties under this Article, good cause may be shown by evidence of any of the following: (a) verified hospitalization; (b) verified illness; (c) verified incarceration; (d) verified disability; or other good cause satisfactorily demonstrated to the Executive Director.

“Good cause” shall not exist where the Applicant or Recipient willfully failed or refused to comply with program requirements, or where the Applicant or Recipient engaged in no fewer than three separate acts of negligent failure to comply with program requirements.

(Added as Sec. 20.58.5 by Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-29 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

Where the Department requires that an Applicant or Recipient engage in work activity, which would be considered “employment” under the Fair Labor Standards Act (29 U.S.C. §§ 201 et. seq. ) and any applicable U.S. Department of Labor Guidelines, to become eligible or maintain eligibility for aid under this Article VII, the maximum number of hours of work assignments that the Department may require shall be calculated by dividing the Maximum Monthly Assistance Grant to which a Recipient is eligible under Section 20.7-21 of this Article by the Minimum Wage Ordinance hourly wage rate established under Section 1.4 of the Labor and Employment Code. To the extent permitted by law, the value of transportation assistance and

other in-kind benefits provided to the Recipient may be added to the Maximum Monthly Assistance Grant for purposes of calculating the maximum number of hours of work assignments.

(Added as Sec. 20.58.6 by Ord. 81-06, File No. 051924, App. 4/21/2006; redesignated as Sec. 20.7-30 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

Emergency assistance shall be provided in the form of in-kind aid during the period in which an Applicant’s eligibility is being determined.

(As Sec. 20.59, amended by Ord. 271-81, App. 5/21/81; Ord. 152-98, App. 5/8/98; Ord. 93-07, File No. 070208, App. 4/27/2007; redesignated as Sec. 20.7-31 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

Aid payments made under this Article VII may be provided in the form of in-kind benefits, in-kind orders, vouchers, checks, electronic benefit transfers, or warrants.

(As Sec. 20.59.1, amended by Ord. 271-81, App. 5/21/81; Ord. 93-07, File No. 070208, App. 4/27/2007; redesignated as Sec. 20.7-32 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

The Department may require those Applicants and Recipients who have not secured their own housing to participate in a mandatory direct rent payment program. Under such a program, notwithstanding Section 20.7-35(b), the Department may pay housing costs for an Applicant or Recipient directly to the housing provider, or to a third party with whom the Department may contract on behalf of the housing provider. Such direct rent payment shall be deducted from the maximum grant amount, as specified in this Article VII, for which an Applicant or Recipient is eligible. The Department shall adopt regulations to provide a mechanism for payment to the Applicant or Recipient of the balance of any grant amount to which he or she is entitled, and may adopt additional regulations as necessary to implement this program.

For purposes of this Section 20.7-33, the Department may adopt regulations to define “housing” which would qualify for this program to include, but not be limited to, public and private rental housing, supportive housing managed by community organizations or public agencies, transitional housing, or other means of accommodation as determined appropriate by the Executive Director, and which conforms to applicable health, building, and safety codes.

Refusal to accept placement in housing provided under this program, subject to the provisions of Section 20.7-22(b) of this Article VII, constitutes grounds for denial or discontinuance of aid.

(As Sec. 20.59.2, amended by Ord. 212-80, App. 5/16/80; amended by Proposition N, 11/8/94; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-33 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

Assistance in the form of in-kind benefits, in-kind orders, electronic benefit transfers, or emergency checks shall be used:

(a) As aid payments.

(b) For Applicants and Recipients who declare themselves to be homeless. Applicants and Recipients are required to provide a verifiable rent receipt, or verifiable documentation of shared housing, or verifiable documentation of rent-free housing. Self-declared homeless applicants and Recipients shall receive in-kind benefits for housing, utilities, and meals. If in-kind benefits are not available, such Applicants and Recipients shall receive the cash assistance equivalent to the income-in-kind value of housing, utilities, and/or meals, whichever is not available, if otherwise eligible for these amounts. Failure to comply with the rules of a housing program that results in ejection from that housing program will be considered failure to satisfy the requirements for continuing eligibility for aid and will result in discontinuance from the County Adult Assistance Programs, subject to the notice and hearing provisions of this Article VII.

(c) For Eligible persons awaiting transportation arrangements, provided that aid shall not exceed one week.

(d) For Eligible homeless persons awaiting admission into a hospital or institution.

(e) For Persons who have demonstrated inability to handle cash payments for necessities of life.

(As Sec. 20.59.3, amended by Ord. 271-81, App. 5/21/81; Ord. 152-98, App. 5/8/98; Proposition N, 11/5/2002; Ord. 193-03, File No. 030871, App. 7/25/2003; Ord. 93-07, File No. 070208, App. 4/27/2007; redesignated as Sec. 20.7-34 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

(a) Aid payments may be mailed directly to the Recipient or substitute payee. The Department may require that aid payments be picked up at a designated location. Aid payments shall not be mailed to a post office box, a mail receiving agency, or an address outside of San Francisco, except upon approval of the Executive Director.

(b) Aid payments may be made payable only to the Recipient or his designated co-payee and Recipient jointly.

(c) No aid shall be paid or delivered unless the Recipient is physically present and lawfully residing in the City.

(Added as Sec. 20.59.4 by Ord. 271-81, App. 5/21/81; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-35 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

Aid shall be discontinued without timely notice under any of the following circumstances:

(a) Verified death of Recipient.

(b) Abandonment of residency in San Francisco, as declared by the Recipient.

(c) Recipient requests that his or her aid be discontinued.

(As Sec. 20.59.6, amended by Ord. 212-80, App. 5/16/80; redesignated as Sec. 20.7-36 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

(Amended by Ord. 212-80, App. 5/16/80; repealed by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

(a) Lost, forged, or stolen warrants may be replaced only in accordance with specific procedures adopted by the Department.

(b) If a warrant has been cashed and the money lost or stolen, no replacement of the warrant or issuance of orders shall be permitted.

(As Sec. 20.59.8, amended by Ord. 212-80, App. 5/16/80; redesignated as Sec. 20.7-37 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

(Amended by Ord. 212-80, App. 5/16/80; repealed by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

The Department shall administer this program fairly to the end that all eligible persons who apply for assistance shall receive aid promptly, with due consideration for the needs of the Applicant/Recipient and the safeguard of public funds.

(a) Any Applicant for, or Recipient or payee of, aid under this Article VII shall be informed as to the provisions of eligibility and his or her responsibility for reporting facts material to a correct determination of eligibility, continuing eligibility and grant.

(b) Any Applicant for, or Recipient or payee of, aid under this Article VII shall be responsible for reporting accurately and completely all facts required of him or her pursuant to subdivision (a) and for reporting promptly any changes of those facts.

(c) Any person who makes full and complete disclosure of those facts as explained to him or her pursuant to subsection (a) is entitled to rely upon the aid granted as being accurate, and the warrant he or she receives as correctly reflecting the grant award except as provided in subsections (d), (e), and (f).

(d) Overpayment due to an Applicant or Recipient’s negligent failure to report facts required by this Article VII or department regulations may be recouped by deducting from the current grant not more than 10% until the overpayment is collected in full.

(e) Overpayment due to false statement or representation or by impersonation or other fraudulent device or by intentional failure to report facts required by this Article VII or Department regulations (“Fraud”) shall be recouped by deducting from current grants not more than 40% with an administrative determination of Recipient Fraud and an administrative evaluation of the Recipient’s current ability to pay housing costs until collected in full, following discovery of overpayment.

(f) Overpayment due to false statement or representation or by impersonation or other fraudulent device or by intentional failure to report facts as required by this Article or department regulations (“Fraud”) shall result in immediate discontinuance of aid subject to fair hearing procedures in Section 20.7-45 of this Article VII . The case shall be referred to the Special Investigation Unit of the Department. Any aid granted under such circumstances shall be offset against any future aid by deducting from current grants not more than 40% with an administrative determination of Recipient Fraud and an administrative evaluation of the Recipient’s current ability to pay housing costs.

(As Sec. 20.59.10, amended by Ord. 271-81, App. 5/21/81; amended by Proposition V, 11/2/93; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-38 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017; amended by Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018)

(a) The Department shall conduct a thorough and reliable program of quality control with respect to the administration of assistance under this Article VII.

(b) The quality control program shall include, but not be limited to:

(1) The selection and full field review of a random, representative sample of cases drawn from all active County Adult Assistance Programs

cases.

(2) The identification and analysis of administrative errors and discrepancies contained in the sample and the actual and projected fiscal impact thereof.

(3) The development and implementation of measures to correct or alleviate the errors and discrepancies.

(As Sec. 20.59.11, amended by Ord. 212-80, App. 5/16/80; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-39 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

(a) The Department may report quality control findings to the Human Services Commission.

(b) The report may contain, but not be limited to:

(1) The number of cases in the sample by month and year to date.

(2) The number of cases found ineligible, overpaid, or underpaid for the month and year to date.

(3) The actual and projected total fiscal impact resulting from ineligibility and overpayments for the month and year to date.

(4) The corrective actions proposed and the schedule of implementation for corrective actions.

(5) The status of previous corrective actions and any other information requested by the Board of Supervisors.

(As Sec. 20.59.12, amended by Ord. 212-80, App. 5/16/80; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-40 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

The Department shall maintain a case record for every Recipient. The Department shall also maintain a record on those Applicants whose requests for assistance were denied; such record shall include name and address of Applicant and the reason(s) for denials.

(As Sec. 20.59.13, amended by Ord. 212-80, App. 5/16/80; redesignated as Sec. 20.7-41 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

All County Adult Assistance Programs records shall be confidential and shall not be opened to examination or inspection except by the Grand Jury of the County or by a board or an officer of the State or the County charged with the administration, supervision, or direction of the County Adult Assistance Programs, or upon written waiver by the Applicant or Recipient.

(As Sec. 20.59.14, amended by Ord. 212-80, App. 5/16/80; redesignated as Sec. 20.7-42 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

Except as otherwise provided in Section 20.31, all inactive case records that are over three years old may be destroyed. All records pertaining to denial of initial eligibility may be destroyed after five years.

(As Sec. 20.59.15, amended by Ord. 212-80, App. 5/16/80; redesignated as Sec. 20.7-43 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

Whenever any person has, by means of false statement or representation or by impersonation or other fraudulent device, or by intentional failure to report facts required by this Article VII or Department regulations, obtained aid under this Article, the matter shall be referred to the District Attorney’s office for appropriate action.

Further, upon the first discontinuance of aid within a 24-month period due to false statement or representation or by impersonation or other fraudulent device, or by intentional failure to report facts required by the Article or department regulations, an Applicant or Recipient shall be unable to reapply for aid for a period of 30 days.

Upon the second such discontinuance within a 24-month period, the Applicant or Recipient shall be unable to reapply for aid for a period of 60 days.

Upon the third, or additional, such discontinuance within a 24-month period, the Applicant or Recipient shall be unable to reapply for aid for a period of 90 days.

(As Sec. 20.59.16, amended by Ord. 212-80, App. 5/16/80; amended by Proposition V, 11/2/93; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-44 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

An Applicant for or Recipient of assistance under this Article VII dissatisfied with any actions of the Department relating to withholding, decrease, denial, discontinuance, and/or recoupment of overpayment of aid shall be accorded a fair hearing upon filing a timely request with the Department.

(As Sec. 20.60, amended by Ord. 271-81, App. 5/21/81; redesignated as Sec. 20.7-45 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

The Department shall issue a Notice of Proposed Action whenever it intends to withhold, decrease, or impose denial, discontinuance, and/or recoupment of overpayment of aid. In all cases, except where an initial denial is involved, this notice shall be hand delivered or mailed at least 10 calendar days prior to the proposed action.

In those cases where an expedited hearing is provided for, notice shall be delivered or mailed at least five calendar days prior to the proposed action. Such notice shall include all alleged acts in the record known to the Department at the time upon which such action can be based under Department regulations. The notice shall describe with reasonable particularity the act or acts which form the basis for the proposed action.

(As Sec. 20.60.1, amended by Ord. 271-81, App. 5/21/81; redesignated as Sec. 20.7-46 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

A claimant or an authorized representative may request a fair hearing verbally or in writing. Where a Recipient requests a hearing to challenge a Discontinuance, the Recipient shall make the hearing request within three business days of the effective date of the Discontinuance. Where an Applicant or Recipient requests a hearing to challenge any agency action other than a Discontinuance, including but not limited to Decreases and Denials, the Applicant/Recipient shall make the hearing request within ten calendar days of the effective date of the agency action. If no written request for a hearing is either delivered to the Department or postmarked within that period and no verbal request is made within that period, no hearing shall be granted except in cases of verified hospitalization, verified illness, verified incarceration, verified disability, or other good cause satisfactorily shown to the Executive Director.

(As Sec. 20.60.2, amended by Ord. 212-80, App. 5/16/80; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-47 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

If a Recipient or an authorized representative makes a timely request for a hearing, aid shall be continued pending the Applicant’s receipt of the hearing decision. A decision shall be deemed to have been received by the Recipient when either it is hand-delivered to the Recipient or three days after the decision has been mailed to the Recipient.

(As Sec. 20.60.3, amended by Ord. 212-80, App. 5/16/80; redesignated as Sec. 20.7-48 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

(a) After a hearing has been requested, a time and place for the hearing shall be established. Timely notice shall be given to the Applicant or Recipient indicating the day, date, time, and place of the hearing. In no event shall a hearing date be scheduled for a time less than five days after the Department’s receipt of a request, unless the Applicant makes a knowing and intelligent waiver of his or her right to a record review.

(b) Where an Applicant for assistance under this Article VII is denied aid, a hearing shall be calendared within seven days.

(c) All hearings shall be held within 15 calendar days of the request therefor.

(As Sec. 20.60.4, amended by Ord. 212-80, App. 5/16/80; redesignated as Sec. 20.7-49 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

The Executive Director shall designate as an impartial hearing officer a person who is not involved in the administration of the County Adult Assistance Programs.

(As Sec. 20.60.5, amended by Ord. 212-80, App. 5/16/80; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-50 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

The Applicant or Recipient shall be advised in the Notice of Proposed Action of Applicant’s or Recipient’s rights to counsel or other representative, to review pertinent records and regulations at least five working days prior to the hearing, to present testimony and documentary evidence, to crossexamine all witnesses, to have the proceedings tape-recorded, and to have a translator provided for the hearing if the Applicant or Recipient is not proficient in English.

(As Sec. 20.60.6, amended by Ord. 212-80, App. 5/16/80; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-51 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

The hearing shall be conducted in an impartial and informal manner. All evidence shall be submitted under oath or affirmation. The hearing officer is not bound by the rules of evidence or procedures applicable to judicial proceedings. The Applicant/Recipient shall attend the hearing in person and may be represented by counsel or a representative. While the Applicant/Recipient may or may not be represented by counsel or a representative, the Applicant/Recipient must appear in order for the hearing to be held. However, where the Applicant/Recipient establishes good cause for nonattendance prior to the hearing, counsel or a representative may appear on behalf of the Applicant/Recipient.

(As Sec. 20.60.7, amended by Ord. 212-80, App. 5/16/80; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-52 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

The hearing officer shall:

(a) Render a written decision within seven calendar days of the hearing indicating factual findings and grounds for the decision. Such decision shall be based solely upon evidence presented at the hearing and specifically state the facts upon which it was based, the authority relied upon, and any other reasons for the decision.

(b) Render the decision to the Applicant or Recipient, where possible, immediately upon conclusion of the hearing and furnishing him or her a copy at that time. The decision must set forth with reasonable particularity the basis for the decision.

(c) Mail the decision to the Applicant or Recipient if an immediate decision cannot be rendered.

(As Sec. 20.60.8, amended by Ord. 212-80, App. 5/16/80; redesignated as Sec. 20.7-53 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

(a) The result of all hearings are considered final and there is no further right of administrative appeal.

(b) When the Applicant/Recipient does not appear for the scheduled hearing, it is presumed that the Applicant/Recipient ceases to contest the decision and the county’s proposed action will go into effect. The Applicant or Recipient may, for good cause shown, make a written request, or oral request as specified in the Executive Director’s Regulations, for a second hearing within 15 days of the scheduled date for the first hearing.

Such request must specify the good cause for nonattendance at the first hearing. This provision is satisfied by evidence of any of the following: (1) Verified hospitalization; (2) verified illness; (3) verified incarceration; or (4) verified disability, or other good cause satisfactorily shown to the Executive Director.

(As Sec. 20.60.9, amended by Ord. 271-81, App. 5/21/81; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-54 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

A baseline appropriation for housing and related services provided as in-kind aid shall be established using the City and County of San Francisco FY 2002-2003 Annual Appropriation Ordinance and any supplemental appropriations for the amount of cash aid payments to Applicants and Recipients who declare themselves to be homeless. In subsequent fiscal years, this baseline amount shall be appropriated to the Department to fund housing and related services for homeless adults without dependents. This funding may be used to support, but shall not be limited to, some or all of the following: hotel master lease programs, permanent supportive housing, improvements of conditions in existing shelters, expansion of shelter capacity, mental health and substance abuse treatment, outreach, a fund for rental deposits, SSI advocacy programs, rep-payee services, case management and meals for the homeless population through direct services and/or contracts. Nothing in this section is intended to conflict with Article IX of the San Francisco City Charter.

(As Sec. 20.60.12, added by Proposition N, 11/5/2002; amended by Ord. 193-03, File No. 030871, App. 7/25/2003; redesignated as Sec. 20.7-55 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

The provision of in-kind aid is to be evaluated by the Office of the Controller every three years for program effectiveness and cost efficiency.

(As Sec. 20.60.13, added by Proposition N, 11/5/2002; amended by Ord. 193-03, File No. 030871, App. 7/25/2003; redesignated as Sec. 20.7-56 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

(Added by Proposition N, 11/5/2002; amended by Ord. 193-03, File No. 030871, App. 7/25/2003; repealed by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

If any section, subsection, sentence, clause, phrase, or word of this Article VII, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the Article. The Board of Supervisors hereby declares that it would have passed this Article and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Article or application thereof would be subsequently declared invalid or unconstitutional.

(Added by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

In enacting and implementing this Article VII, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.

(Added by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)