Trinity County Municipal Code Ch. 7.01 General Assistance

Footnotes:

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Editor's note— Ord. No. 1343, § 1, adopted June 20, 2017, repealed the former Title 7, §§ 7.01.010—7.01.210, and enacted a new Title 7.01 as set out herein. The former Title 7 pertained to similar subject matter and derived from Ord. No. 1045; Ord. No. 1130; Ord. No. 1155; Ord. No. 1173; Ord. No. 1191 and Ord. No. 1275, 2003.

This chapter shall be known as the "Trinity County GA Ordinance."

(Ord. No. 1343, § 1, 6-20-17)

The policy of the Trinity County Health and Human Services (HHS) Department is to administer the GA (GA) program fairly and equitably so that all persons eligible for assistance shall receive aid, as soon as administratively possible, with due consideration for the needs of the applicant or recipient and the safeguarding of public funds.

A. Right to Apply. Subject to the limitations set forth in Section 7.01.020(C) below, any adult or emancipated minor person has the right to apply for aid, either on his/her own behalf or on the behalf of another. This right extends to an applicant who appears ineligible for GA, as well as an applicant who appears potentially eligible.

B. Right to Self-Determination. The applicant or recipient has the right to either accept or reject the benefits and/or services offered by the HHS department.

C. Who May Apply.

1. Individuals and Families.

a. An individual may apply on behalf of him/herself or his/her assistance unit.

i. Assistance Unit. An assistance unit may consist of a single individual; or, a married couple living together; or, a mother and/or father and their children under eighteen years of age who live in the same household.

ii. Termination of parental rights. A mother's or father's right to file an application on behalf of his/her child is terminated when:

(A) A statement of relinquishment of parental rights has been filed with the health and human services department.

(B) A court action has terminated the individual's parental rights.

(C) A child is adopted. The adoptive parent(s) assume parental rights.

2. Agencies or Departments. A person or agency may apply on behalf of an assistance unit; however, the department shall require the signature of an adult member of the assistance unit on the application. Persons or agencies that may file an application on behalf of an assistance unit include:

a. A guardian or relative with whom the assistance unit resides.

b. The person or agency who placed the individual(s) in out-of-home care.

c. The individual's legal guardian or conservator.

d. The individual's probation or parole officer.

(Ord. No. 1343, § 1, 6-20-17)

A. Eligible Persons. The purpose of the Trinity County GA Program is to provide assistance to all indigents:

Who have been residents of Trinity County for at least fifteen days and are residents of the State of California, and who are at least eighteen years old, and whose needs are not otherwise met, and who are not eligible for any other public assistance program, and

Who are actively seeking employment or are unemployable.

B. Exceptions to Eligible Persons. The GA program may also be provided to:

1. A Married or Legally Emancipated Minor. If the marriage is annulled or the minor divorces before the applicant reaches the age of eighteen, he/she will return to minor status and will lose eligibility for GA.

2. A Minor Who Does Not Live With His or Her Parents. Credible evidence that the applicant/recipient is not living with his or her parents satisfies the criteria for this category. Legal emancipation is not required.

3. A minor child who lives in a household that has been discontinued from cash assistance but is not a member of that household for the purpose of administering benefits due to the maximum family grant rule.

C. Program Principles. The general principles to be followed in providing assistance are to ensure that:

1. Basic program objectives are achieved without violating the rights of the individual, infringing on his/her right to personal dignity or his/her right to privacy.

2. Assistance is to be administered as soon as administratively possible without discrimination as to race, color, national origin, religion, political affiliation, sex, sexual orientation or marital status.

3. Persons involved with the administration of the program do so with courtesy, consideration, and respect for all individuals.

D. Notification.

1. Any applicant for, or recipient or payee of aid under the GA program shall be informed of the provisions of eligibility and such applicant's, recipient's, or payee's responsibility for reporting facts material to a correct determination of eligibility, continuing eligibility and grant. Such notification shall be given in simple and understandable language and shall be given at the following times:

a. At the time of initial application on new cases or restorations.

b. At the time of annual redetermination of eligibility.

2. The applicant for, or recipient or payee of, aid under the GA program shall be notified of any action which relates to his or her application or affects aid payment to him or her or his or her family.

(Ord. No. 1343, § 1, 6-20-17)

A. General. The Trinity County Board of Supervisors has authorized the director of the health and human services department, or his/her designee, and the GA program manager, to make exceptions to program policies in life threatening situations and to provide assistance in the following instances:

1. The incapacitated GA recipient who has medically supported needs which are beyond the scope of this policy and are otherwise not available from other community resources.

2. The GA recipient who owns a home and resides therein and is in arrears in utility payments and there exists an imminent likelihood as determined by the Trinity County Health and Human Services Department that the utilities will be disconnected for non-payment.

3. Any otherwise eligible GA applicant who is unable to comply with requirements which are a prerequisite to eligibility.

B. Guidelines for Exception Requests.

1. All exceptions to the GA policies must comply with the foregoing criteria.

2. A request for an ongoing exception may not exceed six months in duration.

(Ord. No. 1343, § 1, 6-20-17)

A. General. Benefits shall be granted only on the basis of an application for GA which meets the requirements set forth in these regulations. Nothing in these regulations shall be construed as permitting the granting of GA to any recipient or applicant for periods during which eligibility has not been established by proper application for such aid.

The date of application for GA shall be defined as the date the GA application is signed and received by the department. In the event the applicant is seriously ill, housebound, or bedridden the application may be initiated by telephone and the date of the telephone call shall be the date of application.

B. Department Responsibility. The health and human services department shall be responsible for:

1. Assisting the applicant/recipient in understanding his/her rights and responsibilities; and

2. Evaluating the capacity of the applicant/recipient to discharge his/her responsibilities; and

3. Assisting the applicant/recipient within reason and without cost to the department as needed in establishing his/her eligibility; and

4. Helping the applicant/recipient to realize the maximum personal independence of which he/she is capable, including self-care and self-maintenance; and

5. Referring the applicant/recipient to apply for any financial resource for which he/she may be eligible; and

6. Providing access to programs in a manner that accommodates the disabilities of, and does not discriminate against, applicants and recipients.

C. Applicant/Recipient Responsibility to Cooperate. The applicant/recipient's full cooperation with the Trinity County Health and Human Services Department is a requirement for initial and continuing eligibility for GA. Cooperation includes compliance by the applicant/recipient with the administrative rules, regulations, or directions promulgated by the department.

The applicant/recipient shall assume as much responsibility in the determination of eligibility as he/she is capable of within his/her physical, emotional, educational or other limitations.

1. Throughout the application process and during any period of eligibility for aid, the applicant/recipient, within his/her capabilities, is responsible for:

a. Completing or participating in completion of all documents required in the application process or in the determination of continuing eligibility.

b. Applying for and/or making available to the department, all documents relevant to the determination of initial and continuing eligibility.

c. Having a reasonable understanding of the provisions regarding eligibility and his/her responsibility for reporting changes.

d. Reporting all facts known to him/her which are material to his/her eligibility during the application process or within five days of a change in these facts. If the assistance is continuing, material changes must be reported within ten days.

e. Returning a complete income report form by the fifth of the month for any month in which he/she is receiving assistance.

f. Applying for and maintaining any financial resource for which he/she has potential eligibility.

g. Cooperating in a quality control review of his/her eligibility determination.

2. Failure or refusal to cooperate with the administrative rules, regulations or directions of the health and human services department, without good cause, shall result in the penalties below:

a. Applicants shall be denied.

b. Recipients shall be subject to a period of ineligibility (sanction).

c. Aid shall not be reactivated or restored until the regulation or direction that resulted in the period of ineligibility is met.

d. Special provisions for failure or refusal to report income.

Applicants who receive earned or unearned income and do not report it will be denied. Recipients who receive earned or unearned income and do not report it will be sanctioned for failure to report.

e. The imposition of any period of ineligibility shall, upon request, be the subject of a good cause determination as set forth in Section 7.01.390 of these regulations and the subject of the administrative hearing process as set forth in Section 7.01.290 of these regulations.

D. Eligibility Determination. The eligibility worker shall conduct a prompt, complete, and careful investigation of the needs, employment history, resources, disabilities, and any other factors that may affect eligibility for aid, and determine the applicant/recipient's eligibility based upon an evaluation of all available evidence.

1. The determination of eligibility shall be completed and appropriate action on the application taken as rapidly as possible, but no later than thirty calendar days from the application date.

2. If eligibility cannot be determined within thirty calendar days from the application date due to delay caused by the applicant, the application shall be denied.

3. The above period may be extended when the applicant did not appear for his/her eligibility determination interview and subsequently contacts the department to reschedule the interview within thirty calendar days from the application date.

The length of the extension shall be ten calendar days from the date of the interview appointment.

E. Application Process and Required Verification.

1. Emergency Needs. Applicants in need of emergency shelter, food and transportation shall be evaluated for eligibility for immediate need and/or emergency transportation on the date of their application for GA.

2. Intake Requirement. A face-to-face interview is to be conducted with the applicant in order to review eligibility factors and supporting documents. This interview is conducted in the health and human services office. However, in situations where the applicant is homebound, a home visit may be scheduled. In situations where the applicant is seriously ill, a telephone interview may be scheduled with the program manager's approval.

3. The Statement of Facts. The applicant, his/her conservator or guardian must sign an application and/or statement of facts, and all other documents requiring a signature. The eligibility worker signs forms as required.

4. Identification. One form of identification is required for each adult member of the general assistance unit; it is not required for a minor who is aided as part of a family unit. Identity must be verified through readily available documentary evidence, or if this is unavailable, through a collateral contact.

Examples of acceptable identity verifications that the applicant may provide include, but are not limited to:

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Social Security card or other documents containing the SSN.

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Driver's license/identification card.

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Work or school ID.

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ID for health benefits, or for another assistance program.

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Voter registration card.

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Wage stub.

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Birth certificate.

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Collateral contact.

A collateral contact is a written confirmation of an individual's identity by a person outside of the AU. The acceptability of a collateral contact shall not be restricted to a particular individual, but may be anyone that can be expected to provide an accurate third-party verification of the individual's identity. Examples of acceptable collateral contacts include, but are not limited to:

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Employers.

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Landlords.

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Social service agencies.

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Probation/parole officer.

5. Residence. All applicants must, as a condition of eligibility, have established residency in California and Trinity County by physical presence in the county for at least fifteen days prior to the date of application and provide a current local mailing address within Trinity County. A homeless applicant or recipient may use general delivery mail through the Trinity County postal service.

6. Social Security Card. Each applicant or recipient shall as a condition of eligibility:

a. Provide a social security number (SSN) (or proof of non-citizen status) is required for every member of the AU for which aid is requested prior to issuance of benefits. Verification shall include the Social Security card or other valid documentation, such as award letters from the Social Security Administration. For members of the AU who do not have a SSN, verification of a completed SSN application is required prior to issuance of benefits. The department shall promptly supply applicants with the SSN application form if it is needed.

7. Agreement to Reimburse.

a. Each applicant must, as a condition of eligibility, sign an agreement to reimburse Trinity County for all GA received.

b. The sponsor of a sponsored immigrant must, as a condition of eligibility, sign an agreement to reimburse Trinity County for all GA received by the immigrant he/she sponsored.

8. Employment Record Inquiry/Earnings Clearance System.

a. Each employable applicant shall, as a condition of eligibility, provide the department with proof he/she has applied for unemployment insurance benefits (UIB) prior to being granted GA, if potential eligibility exists.

b. Each quarter, in the months of March, June, September and December, a computer cross-match will be made between the State of California EDD employment/earnings record and the Trinity County HHS GA recipient listing. The earnings clearance system (ECS) will provide the eligibility worker with the GA recipient's employment/earnings record.

9. Fingerprint Imaging System. Each adult applicant and recipient, as a condition of eligibility, shall participate in the fingerprint imaging system.

F. Eligibility Redetermination (Renewal). All continuing cases are subject to a periodic eligibility redetermination.

1. Frequency of Redeterminations.

a. A redetermination shall be performed at least once every twelve months but not more frequently than every thirty days.

b. A redetermination may be performed whenever a significant change in the recipient's circumstances merits an eligibility review.

(Ord. No. 1343, § 1, 6-20-17)

A. General. GA may be granted to an assistance unit whose adult members are either unemployed and are actively seeking employment or unemployable due to a physical or mental incapacity, or age.

All adult members of the assistance unit must meet the deprivation criteria in order for the assistance unit to qualify for GA.

1. Voluntary Termination of Employment.

a. Definition. Voluntary termination of employment is defined as:

i. Resignation (to give up a position), and/or

ii. Termination for purposeful, inappropriate behavior, (employer has cause to fire for behavior, such as, stealing, intoxicated on the job, absence without leave, fighting, insubordination, willful disobedience, or other similar behavior).

b. Penalties. Any applicant who has voluntarily terminated his/her most recent employment, without good cause, shall be disqualified from general assistance for ninety days from the date of the termination. Good cause for voluntarily terminating employment is outlined in Section 7.01.390(C) below.

Any recipient who voluntarily terminates employment, without good cause, shall be subject to a three-month period of ineligibility (sanction).

c. Exceptions. Any individual serving a period of ineligibility for a voluntary job termination shall be granted an exception to the penalty when he or she can verify one of the following situations:

i. An incapacity prevents him or her from performing the terminated employment, or

ii. He or she obtained employment at least comparable to the voluntarily terminated employment and that employment was terminated for a reason not caused by the individual.

2. Presumptive Employability. All applicants and recipients are presumed to be employable unless determined otherwise by the Trinity County Health and Human Services Department. An applicant or recipient may be determined employable or unemployable based on any restrictions or limitations on his or her ability to participate in gainful employment, including, but not limited to, temporary or permanent physical, mental, or functional conditions.

The department requires an applicant or recipient to provide evidence or take actions required to establish his or her employability status. Unemployability does not need to be proven prior to the issuance of aid.

3. Definition of Unemployable. An applicant or recipient is unemployable if he or she is unable to participate in gainful employment as a result of a medical, functional, or mental health limitation.

4. Re-evaluation of Employability Status. An applicant or recipient's employability status may be periodically reevaluated by the department to determine whether such applicant or recipient is subject to time limited eligibility.

5. Strikers. Assistance units containing an adult member who is on strike shall not be eligible for GA.

B. Unemployed Persons.

1. Definition of Unemployment. An unemployed person is an individual who is:

a. Mentally and physically able to work.

b. Temporarily incapacitated less than sixty days.

c. Not working, or working less than one hundred hours per month, an average of twenty-three hours per week.

2. Persons Not Considered Unemployed. The following persons shall not be considered unemployed:

a. A person working part-time at any job where he/she can decide the number of hours to be worked per week.

Examples of such employment include but are not limited to insurance sales, door-to-door sales, telephone solicitation, real estate sales, internet sales/services, home call center and cab driving.

b. A person who is self-employed and thus, can set the number of hours worked.

3. Conditions of Eligibility.

a. In order to be eligible for GA an employable person, regardless of his/her ability to speak English, shall:

i. Be unemployed, with the exception that aid to the first pay day may be granted to a person who has obtained employment and is otherwise eligible.

ii. Be currently and properly registered for employment with EDD through Cal-Jobs.

iii. Apply for and pursue all administrative proceedings for unemployment insurance benefits, if potential eligibility exists.

iv. Be consistently available for employment.

v. Be continually and conscientiously in search of employment.

vi. Accept employment that is in conformity with the health and safety laws when offered.

vii. Cooperate with the administrative rules, regulations, or directions of any employment program and/or carry out any individual training and/or employment plan developed by the Trinity County Health and Human Services Department.

b. Failure or Refusal to Comply. Failure or refusal to comply, without good cause, with any GA condition of eligibility for employable individuals outlined in Section 7.01.060(B)(3) shall result in the penalties set forth in Section 7.01.400 of these regulations.

C. Non-employable Persons.

1. Determination of Non-employability. All applicants or recipients who claim non-employability shall provide verification of non-employability upon request and cooperate with the department in its efforts to assist the applicant or recipient obtain the verification. Documentation of non-employability may not be required before issuing the first month's aid. Prior to documentation, applicant qualifies for one month of assistance. Any, and all, evidence establishing unemployability will be accepted and reviewed and upon evaluation a determination made on employability or non-employability.

2. Non-employability Review.

a. If the individual's condition is expected to last more than one year, a review shall be completed at the annual eligibility redetermination, or earlier if there is reason to believe a change in the condition has occurred.

b. If the condition is not expected to last more than one year, a review shall be completed at the time the condition is expected to end (as indicated by the medical practitioner's statement of estimated duration of the incapacity), or earlier if there is reason to believe a change in the condition has occurred.

c. All unemployable GA recipients shall be notified in advance of the non-employability review date.

3. Failure or Refusal to Provide Non-employability Verification. A recipient's failure to provide medical verification within the authorized time limit, without good cause, shall result in case discontinuance, and the recipient appropriately noticed.

D. Change in Employability. When deprivation changes from unemployable to employable, county issues a notice. The recipient shall be allowed no longer than thirty days to meet all employable conditions of eligibility listed in Section 7.01.060(B)(3)(a) in order to remain eligible for assistance.

E. Treatment and Rehabilitation Programs. As a condition of continuing eligibility, employable and unemployable persons shall enter into and cooperate in treatment and rehabilitation programs designed to reduce or eliminate the conditions leading to their dependency when directed to do so by the health and human services department. Participation in rehabilitation programs shall be at no charge to the recipient.

Failure or refusal to cooperate with health and human services department requirements for assessment and participation in treatment and rehabilitation programs, without good cause, shall result in a period of ineligibility. The maximum period of ineligibility shall not exceed the penalty periods set forth in Section 7.01.400(B) of these regulations.

F. Deprivation. Aid shall be discontinued at the end of the pay period in which deprivation ceases to exist, with the exception of aid to the first payday.

(Ord. No. 1343, § 1, 6-20-17)

A person meets the age requirement for GA if he or she is:

A. Eighteen years of age or older.

B. An Emancipated Minor.

C. A person under age eighteen is emancipated when he or she has:

1. Legally married or divorced.

2. Entered the military service.

3. Obtained a court order freeing his or her parents from the obligation for his or her support

D. An un-emancipated minor otherwise eligible for GA not eligible for any other income assistance program.

(Ord. No. 1343, § 1, 6-20-17)

A. Residence in the United States. A GA applicant shall be lawfully resident in the United States.

B. Residence in California and Trinity County.

1. A GA applicant must have established residency in California and in Trinity County by physical presence and intent to reside. Additionally, applicants must have resided in the county for at least fifteen days prior to the date of application. Verification of residence in Trinity County is required. Individuals will be asked to provide appropriate documentation in their immediate control, such as rent receipts, including motel or hotel receipts, copies of utility bills, driver's license or other identification cards, as proof of residence in the county.

2. No aid shall be paid until the applicant has established where he/she is living within Trinity County and has provided a local mailing address. Homeless applicants/recipients may receive mail via general delivery through the postal service.

C. Return of Nonresident.

1. A non-resident individual(s) may be provided with assistance to return to his/her residence. Benefits may be authorized when:

a. All financial eligibility requirements for GA are met.

b. All application and supporting documents are completed and signed.

c. Residence in another county or state is verified.

2. The provisions governing the return of non-resident indigents are specified in W&I Code 17004. Return outside of the continental United States is not authorized.

D. Relocation of Resident.

1. An applicant or recipient who is otherwise eligible and is a Trinity County resident and independently expresses both desire and intent to establish residence in another county or state may be provided funds for transportation if the information at hand reasonably tends to show that the individual will be self-supporting through employment or assistance from friends or relatives.

2. Relocation outside of the continental United States is not authorized.

3. The expenditure of GA funds to return a Trinity County resident to Trinity County from another location shall not be authorized.

(Ord. No. 1343, § 1, 6-20-17)

A. General. Real and personal property, which an applicant owns or in which he has an interest, are resources which must be considered and matched against resource limits before aid is granted. These limits ensure that persons who own property sufficient to provide themselves with the necessities of life do not receive aid intended for those in greater need. Limits on property, which he or she can retain and remain eligible for aid, are set forth in this chapter.

In determining eligibility with respect to property, it is necessary to ascertain the purposes for which property is held. A person is eligible if the property owned is held for any one of the following purposes (within certain limits): 1) to provide a home; 2) to provide income to help meet needs.

Emphasis is placed on the purpose for which property is allowed to be held. The specific limits with respect to use or total value on some types of property constitute a part of those limits, because it meets a need of the recipient.

Policies governing eligibility with respect to property shall be administered with (imposed upon) him in making his plans to comply with property provisions.

B. Property Definitions.

1. Property-Real/Personal.

a. Real Property. Land and improvements, which generally include any immovable property attached to the land, and any oil, mineral, timber or other rights related to the land.

b. Personal Property. Possessions or interests, exclusive of real property, that may be easily transported or stored; including but not limited to cash on hand, bank accounts, notes, mortgages, deeds of trust, cash surrender value of life insurance, motor vehicles, uncollected judgments, an interest in a firm in receivership, a lawsuit, patents and copyrights.

2. Adequate Consideration. Adequate consideration means the receipt of cash or property which is fair and reasonable under the circumstances considering the net market value of property that is sold, converted or transferred.

3. Conversion of Property. Conversion of property is changing property from one form to another without changing ownership.

4. Encumbrances of Record. Encumbrances of record means obligations for which property is security.

5. Home. Home means real or personal property, fixed or mobile, located on land or water, in which a person or family lives.

6. Net Market Value. Net market value is the highest price that property, less encumbrances thereon, will bring in a sale by a willing seller to a willing buyer in the ordinary course of business.

7. Property Owner. The property owner is the person who holds legal title to the property unless: (a) he or she holds title only for convenience; i.e., for purposes of inheritance or to avoid probate, etc., and (b) he or she has no beneficial interest in the property, i.e., no right to possess and use the property or to receive the proceeds. Conversely, a person for whom legal title of property is held by another under these circumstances, is the owner.

Interpretations: Meaning of "owner." A determination of ownership of property is the process of finding out from the applicant or recipient and, when necessary, through other appropriate sources, what types of property he or she and/or the spouse own and what their proportionate interest is when property ownership is shared with others.

A person may hold or possess property and yet not "own" it. It is presumed for purposes of determining eligibility that the person who holds property or in whose name it stands "owns" it but his presumption may be refuted by evidence showing that there is no right to use the property, to receive the proceeds or to dispose of it.

Ownership of property may be vested in one individual or be shared with others. Common terms used to describe the shared ownership are co-ownership, joint ownership, tenancy in common, partnership and corporation.

A married individual may own property as his separate property or as community property with his spouse.

Having "title" to property is not the same as "owning" property. The word "title" is a technical term. One may have "title" to property and not "own" it and may own but not have "title" to property. A needy person would receive little sustenance from the mere "title" to property which he could not possess and control and which was not available to him for his support. Thus the right to possess, use, control and dispose of property is a criterion of ownership and must be considered along with possession of legal title.

8. Separate and Community Property.

a. Community Property. Property acquired by either spouse during marriage, unless the property was acquired as separate property or with funds that can be identified as separate property.

b. Share of Community Property. Spouse's one-half share of community property.

c. Separate Property. Any item that is considered separate property under California Property Law. Generally, separate property is property acquired by an individual by any method prior to marriage after obtaining an interlocutory or final judgment of dissolution, or while voluntarily separated; or at any time by gift or inheritance, or purchases made with funds that are separate property or with funds from the sale of separate property.

C. Transfer of Property. No person shall be eligible for GA if there has been an assignment or transfer of real or personal property or resources for the purpose of qualifying for aid.

A transfer of property means a change of ownership whereby an applicant or recipient through such transfer has divested himself in whole or in part of a resource actually available to him.

D. Real Property.

1. General. No applicant for or recipient of GA shall be eligible for GA if such person, spouse, and family unit members own real property, other than his/her home.

2. Real Property to be Included.

a. All separate and community real property owned by the applicant or recipient, spouse, and/or family unit members is included in the real property evaluation.

When property is owned jointly by a married couple the entire property holdings are considered in determining eligibility even though both may not be applying for assistance. If the applicant or recipient owns real property other than his/her home, the applicant or recipient is ineligible for GA.

3. Real Property to be Excluded. The following property shall be excluded from consideration when making an eligibility determination:

a. An Indian's interest in land held in trust by the U.S. Government.

b. Payments made to Indians for past land acquisitions by judgment of the Indian Claims Commission or the Court of Claims when:

i. The applicant/recipient has written verification, such as, an award letter or a signed statement from the U.S. Bureau of Indian Affairs, and

ii. The property is separately identifiable.

c. Real property held in trust for the applicant or recipient which a court has ruled cannot be utilized for the support of the applicant or recipient.

d. Real property that is not available for the individual's use or expenditure.

4. Liens. Liens are to be secured on all property assessed as real property by the local taxing authority, including second mortgages, both in and out of the state, belonging to recipients of GA.

5. Property Tax Exemptions. Recipients of GA should be alerted to apply for any property tax exemption that might be available to them. Such exemptions include homeowner's tax exemption, veterans exemption, and senior citizens property tax relief for those sixty-two years of age or older.

6. Verification. The ownership of all real property must be verified.

7. Utilization of Real Property Not Used As A Home. In the event an individual who owns property other than that occupied as a home is approved to receive GA via a policy exception, the property must be listed for sale or sold for a price that is consistent with the current market value. The sale must be executed within three months from the date the applicant/recipient is notified, unless good cause exists for failure to complete the sale. In that event, another policy exception may be requested.

a. Aid may be authorized by the health and human services for a period not longer than three months per policy exception approval.

The applicant or recipient shall be notified in writing of the requirements relating to utilization. The time limitation must be explicitly stated.

b. Follow-up may require contacting the real estate company to verify sales agreements and/or rejected sale offers.

E. Personal Property Maximums.

1. Personal Property Maximums. An applicant or recipient shall be eligible for GA provided his/her personal property is below the following maximums:

a. Cash, bank accounts, stocks, bonds, negotiable securities of two hundred fifty dollars per adult person.

Liquid assets in excess of ten dollars per adult person and less than the basic grant, which are immediately available must be applied towards the applicant's or recipient's support. In determining the grant, such assets shall be budgeted as though they were income.

b. Personal effects of nominal value.

c. Household furnishings necessary for the applicant/recipient's current use, not to exceed one thousand dollars.

d. Tools, trade equipment, supplies, and fixtures which are determined by the department to be essential for rehabilitation or to assist in the maintenance and self-support of the applicant or recipient. The eligibility worker is authorized to make this determination.

e. The value of one vehicle per AU where the net value does not exceed five thousand five hundred dollars.

f. Insurance policies with a combined cash surrender value not in excess of two hundred dollars per family or individual.

Aid may be granted for up to sixty days to enable the applicant or recipient to arrange to withdraw any amount in excess of the allowable limit. Cash realized from such reduction shall be considered current income.

g. Other personal property, including but not limited to luxury jewelry, recreational equipment or vehicles, hobby equipment, musical instruments, livestock and other personal property not to exceed a combined market value of two hundred fifty dollars per family.

2. Personal Property to be Exempted.

a. Retirement funds to the credit of the applicant or recipients may be retained upon determination that reemployment is contingent upon the retirement funds not being withdrawn. If the funds can be withdrawn without precluding reemployment, aid can be granted until such time as the funds are actually available.

b. Proceeds from relocation assistance benefits under federal-state law, or county ordinances.

Relocation benefits may include a moving cost allowance plus an allowance representing the difference between the prior rental amount and the rent at the new address. This rent subsidy may be paid to the recipient monthly or yearly for a four-year period, or may be paid in a lump sum. Even though these payments are held by the recipient, i.e., cash or bank account, these benefits and any interest accruing are not to be considered personal property in evaluating GA eligibility.

c. Personal property held in trust for the applicant or recipient which a court has ruled is not available for the support of the applicant or recipient.

d. Payments made to Indians for past land acquisitions by judgment of the Indian Claims Commission or the Court of Claims shall be disregarded in the GA Program if the applicant/recipient has written verification such as an award letter or a signed statement from the U.S. Bureau of Indian Affairs, and the payments are separately identifiable.

e. A burial reserve in the amount of one thousand dollars per person, when the money has been placed in an irrevocable trust or irrevocable life or burial policy providing specifically for burial expense.

The following burial reserves meet the exemption criteria when the total amount paid for all such items does not exceed one thousand dollars:

i. Money or securities placed in an irrevocable trust for funeral cremation or interment expenses with any of the trustees mentioned in Section 7736 of the Business and Professions Code.

An irrevocable trust, within the meaning of this section, is a written agreement between the applicant or recipient and the trustee(s) which expressly provides that the trust agreement is irrevocable, and that the trustee obligates himself to apply the money held in trust for the funeral, cremation, or interment of the applicant or recipient.

Trustees mentioned in Section 7736 of the Business and Professions Code are limited to:

(A) Banking institution or trust company legally authorize and empowered by the State of California to act as trustee in the handling of trust funds, or

(B) Not less than three persons, one of whom may be an employee of the funeral director who is entering into a prepaid funeral arrangement as provided in Business and Professions Code Sections 7735 and 7742.

ii. Life or burial insurance purchased specifically for funeral, cremation or interment expenses which is placed in an irrevocable trust or which has no loan or cash value available to the insured during his lifetime. Included are:

(A) Insurance policies on the life of the applicant payable to a beneficiary who has irrevocably agreed to apply the proceeds from the insurance for funeral, cremation, or interment of the insured.

(B) Insurance policies which are payable on death to the estate of the insured and thus, in effect, becomes a resource earmarked for burial.

iii. Securities issued by a licensed cemetery authority which by their terms are convertible only into payment for funeral, cremation, or interment expenses.

Burial reserves excluded from consideration as personal property under this section are considered to be the separate property of the person for whose use they are intended.

f. Interment plot, vault or crypt retained for use by the owner.

g. Mobile homes, house trailers, motor homes, campers and houseboats that are being utilized as a home.

3. Verification. The value of all personal property must be verified.

(Ord. No. 1343, § 1, 6-20-17)

A. General. All income, including income in-kind, with the exception of income listed in Section 7.01.100(E), received by an applicant/recipient and certain family members living with the applicant/recipient shall be considered in computing the GA grant for an individual or family. These family members are spouse, minor children, whether natural, adopted, or stepchildren, and the other parent of these children.

The total gross amount of income available during a month is determined first. Then exemptions, deductions, and treatment of income are determined

B. Income Definitions. Income, generally, is any benefit in cash or in-kind which is currently available to the individual or is received by the individual as a result of current or past labor or services, business activities, interests in real or personal property, or as a contribution from persons, organizations or assistance agencies.

1. Separate Income.

a. Income derived from an interest in separate property; or,

b. Income resulting from employment or military service rendered prior to the present marriage; or,

c. Income received after the issuance of a decree of separate maintenance or dissolution.

2. Community Income.

a. Income derived from an interest in community property; or,

b. Income resulting from employment or military service performed during the marriage.

3. Casual Income. Income in cash or in-kind which is unpredictable as to amount and time of receipt, of short duration, and by itself, of negligible importance in meeting continuing needs.

4. Earned Income.

a. Earned income is income received in cash or in-kind as wages, salary, commissions, or profit from activities such as business enterprise, farming, etc., in which the applicant/recipient is engaged as a self-employed individual or as an employee.

b. Earned income also includes:

i. Earnings over a period of time for which settlement is made at one given time, as in the instance of sale of farm crop, livestock or poultry, other than sale of an entire holding.

ii. Wages paid under the CETA Act.

iii. Payments under the Economic Opportunity Act, including payments to beneficiaries of assistance under that Act, through such programs as the Job Corps, the neighborhood Youth Corps, New Careers and Concentrated Employment.

iv. Training incentive payments.

v. Earnings from on-the job training and public service employment.

5. Income In-Kind. Income in-kind is any benefit received other than in cash or vouchers on an on-going or one-time only basis and may be earned or contributed. The income in-kind value of need items shall be considered in computing the GA grant.

6. Interest Income. Interest is income on a savings account balance in a bank, savings and loan association, or other institution authorized to accept savings and income which is received as a result of any contractual obligation to pay interest.

7. Voluntary Contributions. A voluntary contribution is a contribution for which the contributor has no legal liability and for which the contributor does not derive a benefit from the contribution.

8. Nonrecurring Lump Sum Income. Nonrecurring lump-sum income is any unearned income received that is nonrecurring in regard to the amount or source.

C. Availability of Income.

1. All income received during a month is considered available in that month with the following exceptions:

a. An employee under an annual contract of employment shall have the income from such contract apportioned equally over the period of the contract, beginning with the first month of the contract, even though she/he works and receives income from such contract in fewer than twelve months.

b. Income listed in Section 7.01.100(E) is exempt from consideration.

c. Income received/reported too late in the month to consider when calculating the current month's grant shall be considered available in the following month.

d. Income received less often than monthly but at regular intervals, such as, but not limited to, annual disbursements from a trust fund, shall be apportioned equally over the period between payments.

2. Income shall be considered unconditionally available if the applicant or recipient has only to claim or accept the income.

3. Income normally received on a regular basis shall be considered available even though the check or cash has been lost, stolen, or destroyed. GA shall not be utilized to replace regular income or missing benefits including SSI/SSP benefits.

4. Income received by the following family members living with the applicant/recipient shall be considered in computing the GA grant for the family: spouse, minor children whether natural, adopted or stepchildren and the other parent of these children.

D. Verification of Income. All income whether exempt or not, shall be verified as to its source, amount, and date of receipt.

E. Exempt Income. Certain types of income are exempt from consideration in determining GA eligibility.

1. Income exempt from consideration shall include:

a. Relocation assistance benefits under federal-state or county ordinances. Relocation payments may include a moving cost allowance plus an allowance representing the difference between the prior rental amount and the rent at the new address. This rent subsidy amount may be paid to the recipient monthly or yearly for a four-year period, or may be paid in a lump sum. Even though the recipient may elect to receive a lump sum, this payment is exempt and shall not be deducted from the GA budget. Relocation benefits include vouchers issued by the Trinity Housing and Redevelopment Agency to relocate residents of emergency shelters when these shelters are closed.

If a GA applicant or recipient states relocation benefits are being received, the amount and the time period of the subsidy must be verified and the verifying information shall be documented in the case record.

b. Payments made to Indians for past land acquisition if the applicant/recipient has written verification such as an award letter or a signed statement from the U.S. Bureau of Indian Affairs, and the payments are separately identifiable.

c. Energy assistance payments which are funded by the federal government as are specified in the federal regulations.

d. Monthly supplemental security income and state supplemental payment (SSI/SSP) benefits of a spouse or family member.

e. Student income designated for registration fees, tuition and books.

f. Single item, one-time only loans up to fifty dollars shall be exempt income provided that:

i. They are used for essential need items not provided by GA.

ii. Written proof is obtained by the applicant or recipient that the loan must be paid; and

iii. Receipts are obtained by the applicant or recipient showing how the loan money was spent.

iv. A loan shall be exempted only once for each different essential need item. No matter how many times a case is opened and closed there can be only one loan exemption for each need, such as cleaning deposit, utility deposit, back rent, car repair or other essential need items.

g. Cash allowances or special needs provided through the health and human services department such as emergency food or clothing, and foster care payments.

h. Casual income consisting of the usual small gifts in-kind given in commemoration of holidays and anniversaries, or the one-time-only gift in-kind earmarked for a specific purpose and not useful for meeting the continuing needs of the recipient under the GA aid standard.

Some examples include, but are not limited to:

i. Household appliances and furnishings.

ii. Articles of wearing apparel.

iii. Dues or membership fees in benevolent, fraternal or other nonprofit organizations which are assumed by the organization or by another person on behalf of the recipient.

iv. A subscription to a magazine or newspaper.

i. Income received during a GA period of ineligibility.

j. Earnings of children under the age of eighteen who are enrolled in school full-time as defined by the school.

k. CalWORKs income of a spouse or family member including the mother of the GA applicant/recipient's child and/or unborn child.

l. The portion of lump sum income specifically intended to compensate for personal injury or loss or damage to property.

F. Treatment of Income.

1. General.

a. All net nonexempt income of the applicant/recipient and his/her family members shall be considered in computing the GA grant for an individual or family. See Section 7.01.100.

b. To insure uniformity, weekly income shall be converted to a monthly amount by multiplying the weekly amount by 4.33 or bi-weekly amount by 2.167.

c. Income received/reported too late in the month to count in calculating the current month's grant shall be used to calculate the grant in the following month.

2. Lump Sum Income.

a. All nonrecurring net nonexempt lump sum income received by a GA recipient shall be utilized to meet the recipient's needs.

b. Net nonexempt lump sum income is income in the month received and subject to personal property limits in each subsequent month. An applicant/recipient can participate in a spend down during the receipt month, for which he/she will be required to provide verification, in order to retain eligibility in subsequent months. Any portion of the net nonexempt lump sum income not spent down during the month of receipt will be considered personal property and subject to personal property limits (ten dollars) in any month following the month of receipt.

3. Income Results in Ineligibility. The applicant/recipient is ineligible for GA in any month his/her net nonexempt income exceeds the basic need level or the difference between his/her net nonexempt income and the basic need level is less than ten dollars.

G. Potential Income Resources. The applicant or recipient shall take all necessary steps to utilize all potential income resources.

1. Resources with Income-Producing Potential. Resources with income producing potential include, but are not limited to:

a. Social insurance, such as RSDI (including Social Security retirement at age sixty-two), railroad retirement, veteran's benefits, unemployment insurance benefits, state disability insurance, SSI/SSP, CalWORKs, CAPI, other cash or in-kind aid programs, etc.

b. Rights and interests in real and personal property.

c. Relatives, sponsor, or other persons who may be contributing or willing to contribute.

d. Private pension plans, union welfare funds, life insurance, private disability benefits, accident, worker's compensation, or damage suits.

2. Granting Assistance Pending Receipt of a Potential Income Resource. GA benefits may be granted to an otherwise eligible applicant/recipient pending receipt of the potential resource provided that the applicant/recipient is making a diligent effort to obtain the resource.

Temporary assistance shall not be paid when the potential resource is CalWORKs.

3. Failure or Refusal to Utilize or Maintain a Financial Resource. The penalties for failure or refusal to utilize or maintain a resource are set forth in Section 7.01.050(C), of these regulations.

Applicants who have been sanctioned or otherwise had a period of ineligibility imposed by another federal, state, or county cash or in-kind assistance program shall be ineligible for GA until the previously imposed sanction or period of ineligibility expires.

H. Deemed Income.

1. The income of all members of the AU will be included in determining the financial eligibility of the AU. In accordance with the Welfare and Institutions (W&I) Code, Division 9 Part 6, Chapter 10, § 18908, and Food Stamp Regulations, Section 63-201, Cal FRESH allotments are not considered income.

2. The income of any person who, as a sponsor of the entry of a GA applicant or recipient into the United States, executed an affidavit of support or similar agreement with respect to that applicant or recipient, and the income of sponsor's spouse, shall be deemed, after the deductions provided in W&I Code § 17001.7(b), (c), to be the income of that applicant or recipient, for a period of three years after the individual's entry into the United States.

The deeming of a sponsor's and the sponsor's spouse's income shall not apply to a non-citizen whose sponsor has abandoned his or her duty to support the non-citizen in accordance with W&I Code § 17001.7(f). Abandonment of the duty to support shall include, but is not limited to: abuse, battery, neglect or refusal to support. Evidence of abandonment may be demonstrated by documentary evidence or collateral statements.

(Ord. No. 1343, § 1, 6-20-17)

A. Applicability. The GA grant is intended to cover the costs of basic food, shelter, personal needs, and transportation of those persons who are certified as eligible for GA benefits.

B. Basic Grant Level. The basic grant level for an assistance unit shall be the standard of aid established by the board of supervisors.

Single adult applicants or recipients who live with one or more unrelated persons or one or more persons not legally responsible for the individual's support shall have their basic grant reduced by the percentages set forth below:

1. Fifteen percent if the applicant or recipient shares housing with one other person.

2. Twenty percent if the applicant or recipient shares housing with two other persons.

3. Twenty-five percent if the applicant or recipient shares housing with three or more other persons.

C. Definitions.

1. Family Member.

a. A spouse, parent, child, or sibling who is related to a member of the assistance unit by birth, marriage, or adoption, including step-relatives and in-laws. Death or divorce terminates the marriage relationship.

b. A grandparent, grandchild, aunt, uncle, cousin, niece, or nephew related to a member of the assistance unit by birth or adoption. Step relatives and in-laws of these relationships are not considered family members for GA program purposes

c. Not all family members' income is considered in determining eligibility. Reference Section 7.01.100(A).

2. Assistance Unit. An assistance unit may consist of a single individual; a married couple living together; or, a mother and/or father and their children under eighteen years of age who live in the same household.

3. Housing Unit. A housing unit is a house, apartment, condo, duplex, hotel/motel room, rooming house, trailer, houseboat, camper or similar facility.

D. Ineligible Assistance Unit Members. The following assistance unit members are not eligible to be included in the assistance unit when determining the assistance unit's grant level:

1. CalWORKs recipients.

2. SSI/SSP recipients.

3. Fleeing Felons. An individual who is a fleeing felon when a warrant for arrest is presented with one of the following three NCIC codes: Escape (4901); Flight to Avoid Prosecution, Confinement, etc. (4902); or, Flight-Escape (4999).

4. Probation/Parole Violators. Any individual who is violating a condition of probation or parole imposed under federal law or the law of any state is not eligible to receive GA, unless the individual is granted a pardon by the President of the United States. To be considered a probation or parole violator, an impartial party, such as a judge or an officially sanctioned tribunal, must determine that the individual violated a condition of his/her probation or parole and that federal, state or local law enforcement authorities are actively seeking the individual to enforce the conditions of the probation or parole.

5. Institutionalized Person. Any individual that is incarcerated or institutionalized during an aided period, aid paid during this period is considered an overpayment.

6. Residential Treatment Facility. Any individual residing in a contracted residential substance abuse treatment facility during an aided period, aid paid during this period is considered an overpayment.

7. Sanctioned/Ineligible Persons. Any individual sanctioned from or ineligible due to time limit restrictions on another public assistance program such as CalWORKs.

8. Responsible Relative or Friend. Any individual being supported by a responsible relative (spouse, parent, adult child or friend) with the financial ability is ineligible.

E. Special Needs. GA applicant/recipients may request a special need allowance for the items listed below. A special needs assessment shall be performed by the health and human services department when a request is received. A special need shall be authorized when the assessment indicates the item is necessary. Unless otherwise stated, special needs shall be paid by a warrant payable to the vendor.

1. Transportation.

a. Second Trinity Transit (TT) pass. A second TT pass may be authorized to assistance units of two or more individuals without a reduction in the assistance unit's cash benefits.

b. Cash Allowance. A cash transportation allowance shall be authorized when regional transit does not provide service to the destination or the assistance unit is exempt from receiving a TT pass in the following circumstances:

i. An employable person requests and can verify a need for additional transportation funds to seek employment.

ii. An unemployable person requests and can verify a need for additional transportation funds to receive medical treatment.

2. The grant for the return of a nonresident or the relocation of a resident shall be calculated as follows:

a. Transportation. The cost of a one-way bus ticket from Trinity County to the individual's destination.

b. Food. Twenty dollars per day.

3. The grant for the return or relocation of an assistance unit shall be computed for each individual as described in subsection (E)(2) above, totaled, and issued in one warrant.

(Ord. No. 1343, § 1, 6-20-17)

A. Determination. The determination of independent or shared housing shall be made based on the signed GA statement of facts supplemental, SAWS2, statement of facts, or, affidavit of residence, housing costs, and living arrangements.

B. Change in Circumstances.

1. An affidavit of residence, housing costs, and living arrangements shall be required whenever there is a change of address, living arrangement or housing costs and a new statement of facts is not completed.

2. Grant adjustments resulting from changes in living arrangements or changes in household size shall be made effective the month following the change.

3. Grant Reduction. When processing deadlines and/or the seven-day notice requirement prevent grant reduction on effective date as indicated in Section 7.01.120(B)(2), aid shall be reduced effective the first of the second month following the change. If the change in circumstances has been reported in a timely manner, no overpayment exists. An Overpayment does exist if change is not reported in a timely manner.

4. Grant Increase. When processing deadlines prevent a grant increase on the effective date as indicated in Section 7.01.120(B)(2), a supplement shall be posted to the electronic benefits transfer card or a supplemental warrant shall be issued. When the recipient has been late in reporting the change, a retroactive supplement cannot be made for a time period beyond ninety days prior to the date of discovery of the underpayment.

(Ord. No. 1343, § 1, 6-20-17)

A. General. GA shall not be granted to persons who are inmates of or residing in a:

1. Hospital/mental institution.

2. Jail/prison.

3. Residential treatment facility.

4. Residential shelter program with a guaranteed length of stay of thirty days or more.

B. Exceptions. A certified alcohol/drug recovery/rehabilitation facility or other similar treatment facility not receiving county general funds is exempted from this policy.

C. Recipients Admitted to an Institution. When the county has factual information that a GA recipient is an inmate or resident of an institution or facility, aid shall be discontinued at the end of the month in which he/she was admitted to the institution or facility.

D. GA Eligibility after Leaving an Institution. The fact that an applicant for GA resides in an institution or facility in Trinity County does not in itself establish residency for GA eligibility. For instance, residence cannot be established by admission to a detoxification center and subsequent recovery home placement.

1. The intake worker must determine through interview and verification whether the applicant was a resident of Trinity County at the time of his admission to an institution or residential treatment facility.

2. Aid may be granted when the individual is no longer living in an institution or residential treatment facility if he or she meets all other GA eligibility factors and:

a. Was a recipient of GA at the time of admission, or

b. Could qualify as a resident under the provisions of GA Manual Section 7.01.080 at the time of admission.

(Ord. No. 1343, § 1, 6-20-17)

GA shall be paid in the form of in-kind benefits, electronic benefit transfer (EBT), warrants, and/or vouchers.

A. In-kind. In-kind benefits are benefits consisting of, but not limited to, shelter, food, personal and incidental needs, Trinity Transit passes at current cost, and a cash allowance as provided by the Trinity County Health and Human Services Department.

B. Cash Benefits. GA cash aid payments are disbursed by electronic benefit transfer (EBT) or a warrant, if exempt from EBT, which is mailed to the applicant. EBT benefit availability is staggered based on the last digit of the HHS case number and first three calendar days of the month, including weekends and holidays.

1. Supplemental Payments. Supplemental aid payments as required by program regulations may be authorized at any time during the month.

2. On-Site Warrant. An on-site warrant may be authorized to eligible applicant/recipients as follows:

a. An amount up to one hundred dollars if a verified immediate need situation exists for which no other alternative resources can be found.

b. A cash grant is required to meet a verified emergency or special need payment.

3. Vouchers. Vouchers shall be authorized to eligible applicant/recipients as follows:

a. An amount up to one hundred dollars may be authorized for food and/or shelter if a verified immediate need exists for which no other alternative resources can be found.

4. Travel Expenses. Travel expenses for relocation of a resident or non-resident return shall be made by vendor payment when traveling by public carrier, and by on-site warrant issued to the applicant when traveling by private vehicle.

C. Transportation Needs of Applicant/Recipients. Applicant/recipients' transportation needs shall be met by Trinity Transit (TT) passes to the extent possible.

1. Applicants shall be issued single ride TT passes to meet their transportation needs until eligibility for GA is determined.

2. A recipient shall receive a monthly TT pass unless exempt. The cost of the pass shall be deducted from the recipient's grant.

3. A recipient is exempt from receiving a TT pass in the circumstances listed below:

a. Distance. A recipient who lives more than five miles from the nearest TT stop is exempt.

b. Disability. A recipient with a disability that precludes use of the TT system is exempt. The disability must be verified by licensed medical/mental health personnel with access to the patient's records.

c. Grant twenty-five dollars or less. An individual recipient whose grant is twenty-five dollars or less per month is exempt.

d. Families. Families are exempt from receiving a TT pass. A family may request a pass and have the cost deducted from their grant. Families may receive a second TT pass as a special need.

D. Proration of Benefits. Thirty days equals a full month for the purposes of grant proration. When benefits are granted for a period that is less than a full month, the benefit amount shall be determined on a daily basis.

E. GA shall not be paid in any month:

1. The applicant/recipient has not met the GA eligibility requirements.

2. The applicant/recipient's unmet monthly need is less than ten dollars.

3. The applicant/recipient received public assistance authorized by any other government agency unless the benefit period is different than a calendar month.

(Ord. No. 1343, § 1, 6-20-17)

The effective date of assistance is the date all eligibility factors are met except as provided below:

A. Presumptive Eligibility. If all evidence indicates probable eligibility for assistance, those eligibility requirements set forth in board policy may be deferred for thirty days so that monetary or in-kind benefits in an amount equal to one month's grant can be authorized to meet an applicant's immediate need.

B. Retroactive Aid. Retroactive aid shall be granted in the circumstances below:

1. Department unable to schedule first intake interview in a timely manner. If the department is unable to schedule the first intake interview within seven calendar days following the date of application for GA, aid shall be paid retroactively to the date of application. Retroactive benefits shall not be paid for any of the recipient's needs which were met by the county at an aid-in-kind facility, a publicly subsidized facility or by county emergency assistance.

C. Immediate Need. When a verified immediate need exists and all available evidence indicates probable eligibility for assistance, in-kind benefits or monetary benefits in an amount up to one hundred dollars may be authorized at any time during the period between the date of application and the date the application is approved.

(Ord. No. 1343, § 1, 6-20-17)

A. Aid to Payday.

1. Aid to payday is a benefit that may be granted to a GA applicant who has obtained full-time employment or a source of income which will sufficiently meet his/her needs in accordance with the GA standard.

2. Aid to payday may be authorized in the form of cash or in-kind benefits until the first payday.

3. Aid to payday shall be granted only when the following conditions have been met:

a. The applicant is otherwise eligible for GA;

b. The applicant has made a timely report of the approval of benefits or acceptance of employment;

c. The applicant is without resources to meet his/her basic allowable needs within the GA standard;

d. The employment or benefits provide for a regularly scheduled payday which can be verified;

e. The applicant has obtained full-time employment or income sufficient to meet his/her needs in accordance with the GA standard.

f. The applicant has not received his/her first paycheck or benefit payment.

4. Situation in which aid to payday would apply:

a. Full-time employment is obtained;

b. Income from part-time employment or other benefits will meet or exceed the GA standard.

5. Verification of Payday

a. Employment. The statement of the applicant or employment counselor regarding the date of the first payday will be accepted unless the length of time appears to be unreasonable. State law requires that all non-governmental employers pay on a regular basis at least twice per month. If the waiting period for the first payday seems too long, the eligibility worker shall call the employer and request pay period information. Applicant confidentiality is to be maintained.

b. Other Income. The eligibility worker shall request to view the applicant's award letter or contact the appropriate agency to verity the effective date of benefits and expected payment date.

B. Time Limited Eligibility for Employable Persons.

1. Employable GA (GA) recipients are prohibited from receiving aid for more than three months/ninety days in any twelve-month period, whether or not the aid is consecutive. This provision applies to employable recipients who have been offered an opportunity to attend job skills or job training sessions.

2. The twelve-month period begins the first day an employable individual receives GA benefits and ends twelve months later.

3. Three months of aid is defined as three calendar months unless there are prorated months involved.

a. If eligibility to GA starts on the first day of the month, the three months of aid is counted as three full months.

b. If eligibility to GA starts on a day other than the first of the month, the three months of aid is counted as exactly ninety calendar days.

4. For purposes of the time limited eligibility rule, the period of ineligibility (POI) begins after an individual has received at least ninety days/three months of GA benefits as an employable person in a twelve-month period and lasts until the twelve-month period has ended.

5. An applicant who was previously discontinued due to the time limit rule may have his/her period of ineligibility interrupted if all of the following conditions are met:

a. The individual has verified that he/she is un-employable, and

b. He/she has verified the un-employability will continue for a period of thirty days of more from his/her application date, and

c. All other eligibility requirements are met.

(Ord. No. 1343, § 1, 6-20-17)

A. General.

1. Transitional assistance is a benefit for GA recipients who obtain employment that otherwise disqualifies the assistance unit from GA.

2. The amount of transitional assistance is the grant amount the recipient received in the month he/she became employed.

3. Transitional assistance shall be provided for the thirty-day period following the date on which the assistance unit would otherwise be discontinued from GA if all conditions of eligibility are met as set forth below.

B. Conditions of Eligibility.

1. Transitional assistance shall be granted to recipients of GA only when the conditions are met:

a. The recipient reported the employment to the health and human services department within five days of starting the job;

b. The recipient is determined ineligible to continuing benefits due to full time employment or excess earned income.

(Ord. No. 1343, § 1, 6-20-17)

A. Direct vendor warrant payment issuance:

1. Payment of Voucher Authorization for Housing.

2. Purchase of public transportation carrier ticket for return of non-resident or relocation of resident.

3. Recipient requests vendor payments.

B. The county will not require an I-9 for the issuance of vendor payments.

(Ord. No. 1343, § 1, 6-20-17)

A. Payment. GA payments shall continue to be paid to a recipient whose grant has been terminated or reduced regardless of the cause for such termination or reduction, provided the recipient has requested an administrative hearing in a timely manner pursuant to the administrative hearing procedures set forth in Section 7.01.370. Payments shall continue until a decision is rendered by the hearing officer.

B. Change in Circumstance. When a change in circumstances requires a grant change for a recipient who is receiving aid paid pending a hearing, the recipient shall be notified of the change in accordance with applicable time frames prior to enacting the change.

C. Decision Rendered. In the event the hearing officer upholds the department's proposed action to terminate or reduce a recipient's grant, any aid paid pending the decision shall be deemed an overpayment. When the proposed action is a sanction, the sanction shall be imposed on the date of the recipient's negative action.

(Ord. No. 1343, § 1, 6-20-17)

A. Warrants Not Received, Lost, Stolen or Destroyed. When a recipient contacts eligibility staff and reports that his/her warrant was not received, was destroyed or was lost, a replacement warrant may be issued.

B. Cashed Warrants. Once a warrant has been cashed and the money is lost or stolen, there shall be no replacement of the warrant.

C. Vouchers. Vouchers reported lost, stolen, or destroyed within seven days of the issuance date may be replaced. If the original voucher is negotiated and returned for payment, an investigation shall be initiated to determine whether the applicant/recipient fraudulently negotiated both vouchers.

(Ord. No. 1343, § 1, 6-20-17)

A. The warrant shall be mailed to the actual street address of the applicant/recipient's domicile. In the event the applicant/recipient is homeless:

1. The initial warrant for an applicant or the next regular aid payment for a recipient may be mailed to P.O. Box 1470 or any location listed in subsectin (A)(2) below.

2. Subsequent warrants may be mailed to a post office box, a mail receiving center, or the address of a friend or relative who resides in Trinity County or P.O. Box 1470.

B. In exceptional circumstances the warrant of a domiciled applicant/recipient may be mailed to a post office box, mail receiving center or the address of a friend or relative or P.O. Box 1470. Examples of exceptional circumstances include, but are not limited to:

1. Verified refusal of the post office to deliver mail to the applicant/recipient's address.

2. Verified danger of theft beyond the control of the applicant/recipient from the post office or law enforcement personnel.

C. In exceptional circumstances the warrant of a recipient may be mailed to an address outside of Trinity County. Examples of exceptional circumstances include, but are not limited to:

1. The recipient has reported a change of county residence too late in the month to provide timely notice that he/she is no longer eligible.

2. The recipient is entitled to a corrective payment.

3. The recipient is temporarily absent from the county.

(Ord. No. 1343, § 1, 6-20-17)

A. Returned Warrants List. Upon determination that the individual is entitled to the returned warrant, it shall be released to the individual/payee in accordance with department procedures.

(Ord. No. 1343, § 1, 6-20-17)

A. GA Aid Payments. GA aid payments shall be withheld during periods of eligibility under any one of the following circumstances:

1. The recipient has disappeared;

2. The recipient has been institutionalized;

3. Checks or correspondence are returned as undelivered;

4. The applicant requests that aid be withheld.

B. Investigate for Discontinuance. In the event of such withholding, the eligibility worker shall immediately conduct an investigation to determine whether aid should be discontinued.

C. Withholding. Aid shall not be withheld for more than five days during which County offices are open for business unless the investigation results in the discontinuance of aid. The five-day period is determined by the delivery date of the warrant.

D. Clarification. The above section applies only to withholding while investigating whether aid should be discontinued. Aid should not be withheld during periods of eligibility unless there is reason to suspect recipient may no longer be eligible. Nor should aid be withheld indefinitely. Proper caseload management dictates early resolution and action in these situations.

This section does not apply to withholding aid in periods of substantiated ineligibility such as failure to cooperate or excess income/resources. In such situations there would be definite periods of ineligibility during which aid would be withheld or discontinued.

(Ord. No. 1343, § 1, 6-20-17)

A. Discontinuance. GA shall be discontinued when the recipient:

1. Dies;

2. Stops residing in Trinity County;

3. Requests that aid be discontinued;

4. No longer meets the eligibility requirements for GA benefits;

5. Has not reported a change of address and mail addressed to his or her last known address returns to the department; the county will attempt to contact the recipient via last known phone number prior to discontinuing benefits;

6. Resides in an institution such as, but not limited to, jail, prison, shelters with a guaranteed length of stay of more than thirty days, and hospitals;

7. Does not provide a SAWS7.

B. Date of Discontinuance. Cases are discontinued effective the end of the month in which any of the events listed above take place.

C. Authorized Period. A person who has been authorized aid to payday shall be discontinued when the period authorized expires.

D. Warrant Cancellation. When information requiring discontinuance is received too late in the month to hold the next month's warrant, the worker shall request the recipient return the warrant for cancellation. If the warrant is not returned, an overpayment shall be calculated.

(Ord. No. 1343, § 1, 6-20-17)

A. General. Whenever any person has, by means of intentional false statement or representation or by impersonation, or other fraudulent devices either obtained aid or attempted to obtain aid under this chapter, the matter shall be referred to the Trinity County Health and Human Services Department Investigation Division for appropriate action. Referral for fraud investigation is initiated regardless of the current eligibility of an individual.

Aid includes benefits issued via cash, warrants, checks, vouchers, vendor payments, electronic benefits transfer, and in-kind.

B. Criminal of Civil Fraud. Individuals found guilty of criminal or civil fraud by a court related to the receipt of GA shall be ineligible for assistance for a period of time specified by the court, or absent a court order, the periods described above. HHS may refer incidents of fraud to the District Attorney for consideration of criminal prosecution.

C. Disqualification Period. The disqualification period for recipients shall begin with the next available pay period. The disqualification period for discontinued recipients (closed cases) shall be deferred until the individual reapplies and is determined eligible for GA.

(Ord. No. 1343, § 1, 6-20-17)

A. General. All GA issued to an applicant or recipient is reimbursable to the County of Trinity. One or more agreements to reimburse the county shall be completed by each applicant and recorded to create a lien in favor of the county. All GA agreements to reimburse (secured and unsecured) are due and payable upon discontinuance of GA benefits.

B. Requirements.

1. All GA applicants and recipients are required to sign the appropriate number of agreements to reimburse Trinity County for all GA aid payments received and shall be advised of the county's intent to actively pursue the collection of such debts.

2. The GA recipient who has signed an unsecured agreement to reimburse and, at some future time, enters into an agreement to purchase real property, will be required to furnish information concerning his/her financial condition. If the recipient is deemed to be reasonably able to repay all or part of the GA aid received, he/she will be required to do so.

In absence of full repayment, the county will take action to cause the recording of a subordinate lien on the property to be purchased.

3. All GA agreements to reimburse (secured and unsecured) are due and payable upon discontinuance of GA entitlement. If repayment is not otherwise satisfied, GA real property liens shall become a future claim against such real property at the time of transfer or any interest therein, or probate, or until such time as the recipient is deemed reasonably able to repay aid received according to the provision of Welfare and Institutions Code, Section 17403.

C. Exemption from Repayment Requirements. The following benefits shall be exempt from the repayment requirement:

1. Benefits received by an employable cash aid recipient for any month he/she met the GA training and employment requirement.

(Ord. No. 1343, § 1, 6-20-17)

A. Definition. An overpayment exists when the recipient receives aid for which he was not eligible. An overpayment may be the result of:

1. Failure to meet the basic program eligibility factors including failure to promptly provide essential information.

2. Change in circumstances.

3. Receipt of grant amount in excess of the recipient's basic need level minus all net non-exempt income in the month.

4. Failure of the department to take required actions based on information disclosed by the recipient.

5. Aid paid pending an administrative hearing decision.

B. Overpayment Classifications. Overpayments are classified as follows:

1. Administrative Error. Overpayment caused by department failure to take prompt, correct action in eligibility determinations, budget computations, or processing actions.

2. No Fault. A "No Fault" overpayment occurs when the recipient has met reporting responsibilities, but the information was received too late in the month to process the appropriate change action or the overpayment is the result of aid received pending an administrative hearing decision that upheld the proposed reduction or termination of assistance.

3. Recipient at Fault. Recipient has failed to meet reporting responsibilities by:

a. Making misstatements (either oral or written) in response to department questions concerning income, resources, or other circumstances which may affect grant amount or eligibility, or

b. Failure to promptly report changes in income, resources or other circumstances which may affect eligibility or grant amount.

i. Failure to report changes within ten calendar days, without good cause, will be conclusive evidence that the recipient is at fault.

C. Overpayment Recovery. Overpayment recovery is liquidation of an overpayment by grant adjustment including underpayment offset, collection or voluntary repayment.

1. Methods of Recovery.

a. Grant Adjustment: Liquidation of an overpayment by reduction of an aid payment to an otherwise eligible recipient. The case must be held in open status for grant adjustment to be accomplished. An adjustment of the grant shall be made each pay period until the total overpayment is recovered.

i. Under no circumstances will a GA period or ineligibility which is due to an imposed sanction also be considered a zero grant overpayment adjustment period.

b. Underpayment Offset: Offsetting (reducing) a new or existing overpayment by the amount of a discovered underpayment before making a retroactive corrective supplement.

c. Collection: Demand for repayment of an overpayment. This method is used when the overpayment cannot be recovered due to a grant adjustment, i.e., when the case is closed.

d. Voluntary Repayment: Recipient either directly returns the payment for which he/she was ineligible or repays the amount out of liquid resources.

i. Under no circumstances is HHS staff to personally accept a repayment from a recipient. Request that the recipient mail or bring repayment to the fiscal department.

2. Determining Appropriate Method of Recovery. GA overpayments are recoverable as follows:

Any overpayment to a recipient caused by administrative error of an employee of the Trinity County Health and Human Services Department or by the inability of the worker to prevent the overpayment due to processing deadlines, shall not be the basis for an adjustment to a subsequent payment to the recipient. Any such overpayment shall be collectable pursuant to Trinity County collection procedures when the recipient is no longer eligible for GA, and is recouped at a reduced percentage.

a. Any overpayment to a recipient caused by the receipt of unanticipated income or change in circumstances, and the willful or non-willful failure of the recipient to report in a timely manner the receipt of any income or change in circumstances may be recouped or adjusted from a subsequent payment to the recipient.

The maximum amount that can be adjusted or recouped shall be twenty percent of the monthly GA need standard; however,

The recoupment may be deferred, adjusted, or waived if it would cause an undue hardship on the recipient. Undue hardship shall be found if the recipient demonstrates that the adjusted grant will not meet his/her cost of housing, utilities, food, or necessary medical expenses not covered by medical assistance programs.

b. If aid is discontinued prior to full overpayment recovery, the unrecovered balance shall be subject to recovery pursuant to Trinity County collections procedures.

c. Overpayment due to willful failure to report or fraud, as determined by the special investigations unit of the department, shall result in a period of ineligibility.

3. Time Limits to Arrange Recovery. It is important that arrangements be made for overpayment adjustment or collection as soon as an overpayment is discovered as the legal time limit in which to arrange recovery is three years from date of discovery of overpayment.

(Ord. No. 1343, § 1, 6-20-17)

A. If an underpayment has occurred as a result of a recipient's failure to report a change in circumstances, the Trinity County Health and Human Services Department shall make any necessary adjustments only for the ninety-day period preceding the department's date of discovery.

B. If an underpayment has occurred as a result of HHS's failure to authorize a payment in the proper amount, the department shall make any necessary adjustment only for the twelve-month period preceding either the department's discovery of the underpayment or notice thereof by the recipient.

C. Any adjustment to a GA payment for an underpayment shall first be balanced (offset) against any existing overpayment.

(Ord. No. 1343, § 1, 6-20-17)

A. General. An administrative hearing is an impartial review of a department action. The right to request a hearing belongs to the claimant and the following regulations shall be interpreted in a manner which protects the individual's right to a hearing.

B. Definitions.

1. Adequate Notice. A written notice informing the individual of the action the department intends to take, the reasons for the action, the specific regulations supporting the action, and an explanation of the individual's right to request a hearing.

2. Claimant/Appellant. A person who has requested an administrative hearing and is or has been either an applicant or a recipient of GA.

3. Authorized Representative. An individual or organization that has been authorized by the claimant to act for and represent him/her in all aspects of the hearing.

4. Department. Trinity County Health and Human Services Department.

5. Hearing Officer. A person designated by the director of the department to conduct administrative hearings and render decisions.

6. Hearing Request. A written or oral request for a review of a department action.

7. Post-Hearing Activity. Activity which takes place after the hearing that may or may not affect the hearing decision.

8. Request Date (Filing Date). The date the department receives the appellant's hearing request.

(Ord. No. 1343, § 1, 6-20-17)

A. Applicants. An applicant who is dissatisfied with any action of the department relating to the amount of grant, denial, or withholding of aid, or any regulation or determination of the Trinity County Health and Human Services Department shall, upon filing a written or oral request with the Trinity Health and Human Services Department in person or through an authorized representative, be accorded an opportunity for an administrative hearing.

B. Recipients. A recipient whose assistance is the subject of a decrease, discontinuance, or other adverse action or of any regulation or determination of the Trinity County Health and Human Services Department shall, upon filing a written or oral request with the Trinity County Health and Human Services Department, in person or through an authorized representative, be accorded an opportunity for an administrative hearing.

(Ord. No. 1343, § 1, 6-20-17)

A. Notification to Applicants.

Applicants: All notification to the applicant of the granting or denial of assistance shall include written notice of the right to an administrative hearing. Such notification shall advise the applicant of the reason for the action, the applicant's right to retain and be represented by a person of his or her own choosing, including legal counsel, and the applicant's right to testify, present witnesses, and cross-examine adverse witnesses. The notification shall be served upon the applicant either:

1. By hand delivery; or

2. By first class mail to the applicant at the applicant's last known address which appears in the records of the Trinity County Health and Human Services Department.

B. Notification to Recipients.

Recipients: Written notice of the right to a good cause determination and/or an administrative hearing shall be included in every notification to the recipient of a pending discontinuance or reduction of assistance. Such notification shall advise the recipient of the reason for the action, the recipient's right to a good cause determination and/or an administrative hearing and how to request one, the recipient's right to retain and be represented by a person of his or her own choosing, including legal counsel, and the recipient's right to testify, present witnesses and cross-examine adverse witnesses. The notice shall be served upon the recipient either:

1. By hand delivery; or

2. By first class mail to the recipient at the recipient's last known address which appears in the records of the Trinity County Health and Human Services Department.

C. Exception to Advance Notice. Exception to advance notice of termination/reduction requirement applicant/recipients shall be informed in writing upon approval of a time-limited eligibility period that assistance will automatically terminate at the end of the specified period.

Advance notification prior to termination of a time-limited eligibility period is not required.

(Ord. No. 1343, § 1, 6-20-17)

A. An applicant's request for a hearing must be made in person, by telephone, or in writing within ten calendar days of the date of receipt or mailing of the notice of action, pursuant to Section 7.01.300(A), whichever is earlier.

B. A recipient's request for a hearing must be made in person, by telephone, or in writing within ten calendar days of the date of receipt or mailing of the notice of action, pursuant to Section 7.01.300(B), whichever is earlier.

C. When the tenth calendar day falls on a non-business day, the claimant shall be given until the next business day to file a request.

D. A request which is not made within the above time periods shall be dismissed by the hearing officer by a written decision, unless it is found that good cause prevented the applicant/recipient from making a timely request. Such good cause shall include verified serious illness, hospitalization, incarceration, or similar reasons, which in the judgment of the hearing officer, prevented a timely request from being made by the applicant/recipient.

(Ord. No. 1343, § 1, 6-20-17)

A. Setting of Hearing Date.

1. When a GA cash benefit applicant is denied aid, an administrative hearing shall be calendared within ten calendar days after receipt of the applicant's request for a hearing by the health and human services department.

2. All other administrative hearings shall be held as soon as administratively possible, but no later than fifteen calendar days after receipt of the applicant/recipient's request for a hearing by the Trinity County Health and Human Services Department.

B. Notice of Hearing Date. After a hearing has been requested, the time and date for the hearing shall be established and a written notice shall be hand delivered to the applicant/recipient and authorized representative or sent by mail at least ten days in advance of the hearing. The notice shall include the day, date, time and place of the hearing.

C. Conduct of Hearing.

1. The hearing officer shall be a county employee designated by the Trinity County Health and Human Services Department who has not been involved in the department's action which is the subject of the hearing request. It shall be conducted in an impartial manner with all testimony being submitted under oath or affirmation. The proceedings shall be recorded. The hearing officer shall conduct the hearing in an informal manner and shall make every effort to make sure the claimant understands the hearing process. The hearing officer shall not be bound by the rules of procedure or evidence applicable in courts.

2. Prior to the hearing, the claimant or his/her authorized representative, upon request, shall be given the opportunity to examine any evidence, except privileged evidence, used by the department to support its decision and all documentary evidence that will be used in the hearing.

3. The GA program manager shall determine the appropriate staff person to serve as the program representative at the hearing. Such a representative shall be prepared to present information and/or evidence to justify the action that is at issue. When requested, either orally or in writing, by the claimant, the claimant's representative or the program representative, the case-carrying worker and/or the social worker responsible for the action shall be present at the administrative hearing. All evidence submitted by the program representative at hearing must be provided to the clamant or his/her authorized representative at least forty-eight hours prior to the hearing.

(Ord. No. 1343, § 1, 6-20-17)

A. The hearing officer shall render a written decision within two working days for a claimant recipient, and within ten working days for a claimant applicant, after the hearing, unless the claimant, during the course of the hearing, voluntarily and knowingly waives his/her right to receive a decision within the applicable time limit. A waiver is for a period of time, not to exceed thirty days, agreed upon by the hearing officer and the claimant. The waiver shall be in writing, specify the purpose, and must be signed and dated by the applicant/recipient. The waiver extends the time for a written decision to be rendered by the number of days the record is held open. The decision must otherwise be based solely upon evidence presented at the hearing, and must state the facts upon which it was based, the authority relied upon, and the reasoning for the decision.

B. The hearing officer's decision is binding and final, with no further avenue of administrative appeal. Notification to the claimant of the hearing decision must include information on the claimant's right to file a judicial review. If, however, there is evidence which in the exercise of reasonable diligence could not have been produced at the original hearing, the claimant recipient or applicant or the GA program manager may request a rehearing within five days from the date of receipt of the decision. The request must be in writing, state the nature of the evidence and be addressed to the administrative hearing bureau chief.

C. The administrative hearing program manager shall render a written decision on a rehearing request within five calendar days of the rehearing date.

(Ord. No. 1343, § 1, 6-20-17)

When an applicant/recipient fails to appear for the scheduled hearing, it is presumed that she/he ceases to contest the decision. The denial, discontinuance, decrease or other action by the Trinity County Health and Human Services Department becomes final. Under these circumstances, there is no right of the applicant/recipient to request a second hearing with the exception of verified good cause.

(Ord. No. 1343, § 1, 6-20-17)

The administrative hearing officer shall have jurisdiction and authority to make decisions under the following circumstances:

A. The hearing officer may overturn or uphold an action taken by an eligibility worker based on the interpretation and/or application of a particular department regulation regarding GA, or the application of federal or state law.

B. The hearing officer may review and uphold or overturn a good cause determination that has been made by an eligibility worker based on his/her judgment of the facts presented at the hearing which would support either party's position that good cause existed or did not exist.

C. The hearing officer shall not grant or deny exceptions but shall remand any case situation, which appears to fall within the GA exception policy, back to the GA Program Manager for exception determination.

D. The hearing officer shall have authority to review and overturn or uphold an exception decision made by the GA program manager pursuant to Section 102 of the GA regulations based on facts presented that show the claim does or does not meet the specific criteria contained in the exception policy.

E. The hearing officer has no authority to alter grant levels nor to strike down a regulation.

(Ord. No. 1343, § 1, 6-20-17)

A. General. GA payments shall continue to be paid to a recipient whose grant has been terminated or reduced regardless of the cause for such termination or reduction, provided the recipient has made a timely request for an administrative hearing.

B. Definition of Aid Pending. Aid paid pending an administrative hearing is aid which is issued after the last day of uncontested aid until the matter is resolved by the hearing officer.

C. Benefit to be Paid. The amount of "aid paid pending" issued during this period is that amount which the recipient would have been paid if the proposed adverse action had not been taken.

D. Subsequent Adverse Actions. Receipt of aid paid pending does not preclude subsequent adverse actions that are required by continuing eligibility case management.

E. Not Authorized. "Aid paid pending" shall not be authorized when a recipient fails to make a timely request for a hearing.

(Ord. No. 1343, § 1, 6-20-17)

A. General. Supplemental security income/state supplemental payment (SSI/SSP) is a potential resource for a disabled GA applicant/recipient. Public Law 93-368 provides for reimbursement to the state or county for interim assistance paid to SSI/SSP applicants whose applications are subsequently approved for SSI/SSP benefits. The reimbursement is called interim assistance. It is the amount of GA benefits paid to a recipient form the date he or she applied for SSI/SSP through the date his or her retroactive SSI/SSP benefits are received.

B. Applicant/Recipient Responsibilities.

1. Complete an authorization for reimbursement for interim assistance. Refusal to sign the authorization for reimbursement for interim assistance results in ineligibility for GA benefits.

2. Cooperate fully with the Social Security Administration (SSA) in the eligibility determination process by providing all information necessary to the eligibility determination, attending all medical appointments, and continuing the application process through the final level of administrative appeal.

3. Cooperate with the disability case management SSI/SSP assessment and referral process.

C. Failure or Refusal to Cooperate. The penalties for failure or refusal to cooperate with the SSI/SSP requirements are set forth in Section 7.01.050, of these regulations.

(Ord. No. 1343, § 1, 6-20-17)

A. General Policy. GA recipients who are discontinued or sanctioned for failure/refusal to comply with the administrative rules, regulations, or directions of the health and human services department are entitled to a "good cause" determination. Recipients of GA are advised of their right to claim good cause at the time of their initial application, at annual redetermination, and on each notice of adverse action for failure to comply. The county must investigate and verify whether good cause exists prior to taking any negative action against an applicant or recipient, including a discontinuance or sanction.

B. Good Cause Criteria for Failure/Refusal to Comply. Good cause shall exist if one or more of the following circumstances exists and can be verified:

1. The condition or requirement is not within the physical or mental capacity of the recipient. Mental confusion, inability to read or write or inability to understand verbal instructions are examples of reasons a recipient would have good cause under this section.

2. The recipient is unable to meet all or a portion of the condition or requirement due to illness or an immediate family member (spouse, child, stepchild, mother, stepmother, father, stepfather, sister, brother, grandmother, grandfather) is ill and requires care that is available only from the recipient.

3. No reasonable means of transportation are available to the recipient to meet all or part of the condition or requirement.

4. The recipient is required to appear in court or is incarcerated and is unable to meet or perform all or part of the condition or requirement.

5. A death in the immediate family (spouse, child, stepchild, mother, stepmother, father, stepfather, sister, brother, grandmother, grandfather) prevented the recipient from meeting all or part of the condition of requirement.

6. The recipient did not receive proper instructions about the condition or requirement, thereby excusing a failure or refusal to meet all or part of the condition or requirement, i.e., mail was returned or proper notice was not sent.

7. Another agency/company or person failed to return required information or material to the recipient or to the EW in a timely manner, thereby excusing a failure to meet all or part of the condition or requirement.

8. Employment was obtained or a scheduled job interview/job test precluded the recipient from meeting all or part of the condition or requirement.

9. Circumstances beyond a person's control or other compelling facts presented by the recipient which, under the circumstances of the case, must reasonably be viewed as excusing a failure or refusal to meet a condition or requirement, i.e. auto accident on the way to the meeting.

C. Good Cause Criteria for Voluntary Termination of Employment. Good cause for voluntary job termination shall exist for applicants or recipients if the reasons therefore are reasonable, substantial and compelling such that a reasonable person, in a similar situation, would act similarly.

Good Cause for voluntary job termination shall exist if one or more of the following circumstances exists and can be verified.

1. The job was not within the physical or mental capacity of the applicant/recipient.

2. Hospitalization or illness.

3. Illness of an immediate family member (spouse, child, stepchild, mother, stepmother, father, stepfather, sister, brother, grandmother, grandfather) who resides with the applicant/recipient if no other reasonable means of care was available.

4. The conditions of employment are not in conformity with health and safety laws and regulations.

5. Incarceration.

6. Discrimination by employer based on age, race, color, religious creed, sex, national origin, ancestry, marital status, handicaps, sexual harassment or political beliefs.

7. The conditions of employment are not in conformity with federal minimum wage standards.

8. There is a legal obligation which could not be scheduled so as not to conflict with employment.

9. Acceptance of another bona fide offer of employment (more than twenty-three hours per week) which subsequently did not materialize.

10. Time and distance of travel were not in accord with community custom and practice (length of commute is more than one hour one way by the only means available to the individual).

11. There is no reasonable means of available transportation.

D. Other Terminations of Employment. While voluntary job termination does not apply to the following circumstances, verification of the job termination is still required:

1. Inability of a non-striker to work because:

a. Involuntarily and innocently out of work due to labor dispute.

b. Work place closed by employer to resist employees' demands (lockout).

c. Refusal to cross picket line due to fear of death/personal injury.

2. Layoffs because:

a. There is no work (seasonal worker or staff reduction).

b. Leave of absence granted but job subsequently eliminated.

c. Non-union worker laid off in trade dispute.

d. Business closes.

(Ord. No. 1343, § 1, 6-20-17)

A. General Policy. The Trinity County Board of Supervisors GA Program Policies requires the health and human services department to impose periods of ineligibility on recipients who lack good cause for failure or refusal to cooperate with the administrative rules, regulations or directions of the department.

B. Sanctions.

1. Sanctions shall be applied when a member of the AU fails or refuses, without good cause, to follow program regulations. Sanctions shall be imposed only when a GA AU member:

a. Is not participating in the job search program, without good cause.

b. Voluntarily quits a job, without good cause, or causes an employer, without good cause, to terminate him/her because of a violation of valid company rules or policies.

c. Refuses, without good cause, a job referral or a job offer.

d. Participates in a strike, without good cause.

e. Fails, without good cause, to be evaluated by a health care professional and claims a disability lasting more than three weeks.

f. Knowingly makes fraudulent or intentionally false statements or intentionally withholds information regarding GA eligibility.

g. Engages in violent, destructive or threatening behavior in connection with the GA Program.

2. Sanctions applied to any adult member of the AU will reduce the maximum aid payment.

3. Duration of sanctions shall be as follows:

a. Initial sanctions shall be applied for ninety days from the date aid is last paid.

b. A sanction of one hundred eighty days shall be applied for any second or subsequent incidents, within a twelve-month period.

c. The sanction period may be stayed when aid is paid pending an appeal. The balance of the sanction period will be served if the county's action is upheld on appeal.

4. Application and Review of Sanctions for Employable's.

a. Sanctions will be imposed and good cause determinations will be made when the recipient is subject to a sanction for actions prior to application for GA and for failure to participate in the job search program, without good cause.

b. Sanctions will be imposed and good cause determinations will be made by the department anytime an applicant/recipient fails to meet the requirements of the job search program, without good cause.

c. The sanction period will stop if the sanctioned individual becomes incapacitated. Such incapacity must be verified by other medical evidence prior to resuming aid. The balance of the sanction period will be served when the incapacity is over.

d. When the sanction period exceeds the remaining period of eligibility the balance of the sanction period shall continue to run. Once the sanction period ends, the recipient is eligible for any remaining period of eligibility within the original existing twelve-month period.

5. Sanctions will not be imposed if good cause is found to exist. In determining good cause, a violation will not be considered willful or negligent if the individual claims that his/her failure to comply with program requirements was the result of his/her verified disability, or the verified disability was a significant factor causing the failure.

Recipients will not be issued a sanction for first time failures to comply with a requirement, but rather will be sent a notice advising the recipient of the program violation and that the failure to comply will be considered a first negligent act. Clients will still be afforded an opportunity to prove that good cause exists for the negligent failure to comply. However, should a recipient directly express a refusal to participate in the program requirements, a proposed sanction will be initiated.

(Ord. No. 1343, § 1, 6-20-17)

A. General Policy. The department shall maintain a case record for each person who applies for or receives assistance.

B. Recipients of Assistance. The case record for a recipient of assistance shall include:

1. Application and interviewing forms.

2. All evidence obtained to support eligibility.

3. The original or a copy of pertinent forms completed during the application process or reinvestigation of eligibility.

4. The basis for worker action granting, denying, changing, withholding, terminating, canceling, or discontinuing aid.

5. The computation of any overpayments and the basis for conclusion that the overpayment exists.

6. The case record should not include facts that are not relevant to eligibility or provision of necessary services.

7. A chronology of notes from any county employee working on the case.

8. Any and all documents submitted by the applicant/recipient.

C. Applicants for Assistance. The case record for those applicants whose requests for assistance were denied, withdrawn or not granted for any other reason shall contain:

1. Name and address of the applicant, and

2. Reason for denial, or

3. Reason for withdrawal, if known, or

4. Other reason for termination of application.

(Ord. No. 1343, § 1, 6-20-17)

All applications and records are confidential and are not open to examination for any purpose not directly connected with the administration of the program with the following exceptions:

A. Senate Bill 480, which became law September 19, 1993, allows that certain confidential welfare case information can be made available to law enforcement when a public assistance applicant/recipient is deceased or is wanted on a felony arrest warrant.

The health and human services department investigations division is responsible for determining when a request for confidential information has been made by a law enforcement agency as defined by the California Penal Code or other statutes.

B. Documents contained in applications and other department records not otherwise privileged under the California evidence code are open to inspection, not duplication, by the applicant/recipient and/or his/her authorized representative upon presentation of a release of information signed and dated by the applicant/recipient. Reference ACL16-02.

(Ord. No. 1343, § 1, 6-20-17)

A. Case records may be destroyed two (2) years after a recipient ceases to receive assistance. Except that in those cases where aid reimbursement requirements have not been fully satisfied, records shall be transferred to the Trinity County Division of Revenue Recovery to be preserved until final disposition of reimbursement agreement.

B. Applicant records pertaining only to an initial denial of aid may be destroyed one year from denial date.

C. Case records which contain food stamp and/or Medi-Cal history are governed by State of California regulations. Cases containing food stamp history must be retained for three years. Cases containing Medi-Cal history must be retained three and one-half years.

(Ord. No. 1343, § 1, 6-20-17)