Title 7



	Title 7 GENERAL ASSISTANCE Chapters: 7.01 General Assistance Chapter 7.01 GENERAL ASSISTANCE* Sections: 7.01.010 Title. 7.01.020 Administration. 7.01.030 Identification. 7.01.040 Residency. 7.01.050 General assistance family budget unit. 7.01.060 Eligible persons. 7.01.070 Ineligible persons. 7.01.080 Income. 7.01.090 Repayment. 7.01.100 Basis of aid. 7.01.110 Employable persons. 7.01.120 Disabled persons. 7.01.130 Real property. 7.01.140 Personal property. 7.01.150 Diversion. 7.01.160 Approval or denial of general assistance. 7.01.170 Standard of aid. 7.01.180 Beginning date of aid. 7.01.190 Notices of action. 7.01.200 General assistance hearings. 7.01.210 The general assistance hearing board. Prior ordinance history: Ords.m 1045, 1130, 1155, 1173 and 1191. 7.01.010 Title* This chapter shall be known as the "Trinity County assistance ordinance." (Ord. 1275 §1(part), 2003) 7.01.020 Administration The health and human services department (HHSD) shall administer the general assistance program with respect to individual rights without violating individual privacy or personal dignity, or discriminating against any person on the basis of race, color, national origin, political affiliation, religion, marital status, sex, age, ancestry, sexual orientation or disability. The HHSD shall develop and implement policies and procedures for the administration of the general assistance (GA) program. (Ord. 1275 §1(part), 2003) 7.01.030 Identification All applicants for GA shall provide the HHSD with sufficient documentation to establish the identity of all members included in the GA family budget unit (GAFBU). [See Section 7.01.050—"General Assistance Family Budget Unit"] (Ord. 1275 §1(part), 2003) 7.01.040 Residency An applicant shall have resided in Trinity County for a minimum of fifteen days, and have the intent to reside in the county with the following exception: A. Applicants who qualify for and receive GA under the Trinity County diversion plan. [See Section 7.01.140—"Diversion"] (Ord. 1275 §1(part), 2003) 7.01.050 General assistance family budget unit All responsible relatives living in the home shall be included in the general assistance family budget unit (GAFBU) whether or not they are eligible or wish to apply for GA. "Responsible relatives" are defined as a parent for child and spouse for spouse.(Ord. 1275 §1(part), 2003) 7.01.060 Eligible persons The following persons are eligible to apply for GA: A. Any person age eighteen or older. B. A married or legally emancipated minor may also apply. If the minor divorces or the marriage is annulled before the applicant/recipient reaches age eighteen, he/she shall revert back to minor status and will lose eligibility for GA. C. A person who is eighteen years of age, but under the age of twenty-one, and who is claimed by the parent as a



	dependent in order to receive a tax credit or deduction for state or federal income tax purposes shall have his/her parent's income considered when determining his/her eligibility for GA, whether or not he/she is living in his/her parent's home. (Ord. 1275 §1(part), 2003) 7.01.070 Ineligible persons The following persons shall be considered ineligible to receive GA: A. Persons who are ineligible for temporary assistance to needy families/California work opportunity and responsibility to kids (TANF/Ca1WORKs) due to time limits shall be ineligible for GA until such time as their youngest child, whether living in their home or not, is no longer potentially eligible for TANF/CalWORKs. B. Persons who have failed to comply with the requirements of another cash assistance program. C. The entire GAFBU shall be ineligible if any member fails to apply for or accept all available income, as specified in Section 7.01.070(A). (Ord. 1275 §1(part), 2003) 7.01.080 Income All income which any member of the GAFBU has received or expects to receive during the month shall be used to determine eligibility and grant amount for GA. A. Available Income. All members of the GAFBU shall, as a condition of eligibility, apply for and accept all available income. They shall also cooperate by providing all information requested by and complying with all the requirements of the agency making the award determination. B. Ongoing Income. All changes in income shall be reported to the HHSD within five calendar days of the change. This information shall also be reported on the monthly income report. (Ord. 1275 §1(part), 2003) 7.01.090 Repayment Recipients shall repay all GA funds received. A. All applicants/recipients shall complete the "agreement to reimburse and grant of lien" for appropriate real and personal property, prior to the granting of GA. B. The HHSD shall record any such lien with the appropriate agency. Failure to do so, however, shall not affect the validity of said lien. C. Applicants/recipients who have a disability which is expected to last at least twelve months shall sign the "authorization for reimbursement of interim assistance granted pending SSI/SSP eligibility determination" (SSP 14) prior to the granting of GA. D. Payments received by a recipient who is determined ineligible for GA shall constitute an overpayment. (Ord. 1275 §1(part), 2003) 7.01.100 Basis of aid All applicants/recipients of GA shall be classified as either employable or disabled adults. GA shall be paid to eligible persons on a monthto-month basis. (Ord. 1275 §1(part), 2003) 7.01.110 Employable persons A. Employable recipients shall only be eligible to receive GA for three months out of any consecutive twelve. 1. If a GAFBU has both employable and disabled recipients, this time limit shall only apply to the employable recipients. B. Employable applicants/recipients shall cooperate with all employment and training policies and procedures, including the requirement to participate in unpaid work experience. The hours that a recipient spends in unpaid work experience shall be credited against the amount of aid received, at the minimum wage rate. There shall be no requirement to reimburse any aid against which such work credits have been applied. C. An applicant shall not have quit a job without good cause within sixty days prior to the date of application for GA. D. All employable applicants/recipients shall accept any offer of part-time or full-time employment that is within his/her capabilities. E. Employable applicants/recipients shall be available to accept employment during normal work hours. (Ord. 1275 §1(part), 2003) 7.01.120 Disabled persons A. If an applicant/recipient states he/she is unable to work due to physical or mental incapacity, the applicant/recipient shall provide the HHSD with the "physician's statement of employability/verification of incapacity". These statements must be signed by a medical doctor or a psychiatrist. B. At the discretion of the HHSD director, or his/her designee, an applicant/recipient who states s/he is disabled, but who is unable to provide medical verification shall be considered "conditionally unemployable". Conditionally unemployable applicant/recipients shall be eligible to receive GA pending determination of eligibility for SSI/SSP. Applicant/recipient must provide proof of application for SSI/SSP. If application for SSI/SSP is denied, GA shall be terminated at the end of the month in which the denial is received, unless applicant/recipient meets criteria listed in Section 7.01.110(A), or the applicant/recipient provides proof that an appeal of the denial has been made. C. If the "physician's statement of employability/verification of incapacity" indicates that the applicant/recipient is able to perform limited duties, the applicant/recipient shall be treated as an employable person, to the extent allowed within his/her restrictions. D. Applicant/recipients who have a disability that is expected to last at least twelve months shall apply for SSI/SSP. (Ord. 1275 §1(part), 2003)



	7.01.130 Real property A. Written verification of the fair market value of real property in which any member of the GAFBU has an interest shall be provided to the HHSD. Real property that is used as the principal residence of the GAFBU shall be exempt. 1. The HHSD shall attach a lien to the principal residence. 2. There shall only be one principal residence exempted. B. Ownership of real property, other than the principal residence of the GAFBU, shall constitute ineligibility for GA with the following exception: If the GAFBU agrees to list the property for sale at fair market value, and allows the HHSD to attach a lien to the property, the property shall be excluded for a period of up to nine months pending the sale of the property. If the property is not sold during that period, GA shall be terminated. C. Transfer of real property for less than the fair market value shall create a period of ineligibility for GA. The ineligibility period shall be determined by dividing the difference between the equity value of the property and the amount for which the applicant/recipient sold the property by the GA grant amount for the GAFBU. Transfer of real property for less than fair market value by any member of the GAFBU within one year prior to the date of application shall be presumed to be for the purpose of qualifying for aid, and shall make the GAFBU ineligible for GA as stated above. This presumption may be rebutted, and a determination shall be made based on evidence provided by the GAFBU. (Ord. 1275 §1(part), 2003) 7.01.140 Personal property The property limit for a GAFBU shall be five hundred dollars. A. The following items shall be included in the personal property determination: 1. Funds placed in a trust for funeral or burial, in excess of one thousand five hundred dollars. 2. Burial plots valued in excess of one thousand five hundred dollars. 3. Liquid resources including, but not limited to: a. Cash on hand. b. Checking or savings accounts. c. Stocks or bonds. d. Cash surrender value of life insurance policies. 4. Luxury or recreational items not used for self-employment. 5. Any retirement accounts. 6. Promissory notes or cash receivables. B. The following items shall be exempt from consideration in the personal property determination: 1. Personal clothing and household furniture. 2. One motor vehicle with a blue book value of less than two thousand dollars. 3. Personal jewelry such as wedding and/or engagement rings; watches with a purchase price of less than two hundred dollars. 4. Tools necessary in the applicant/recipient's usual occupation, as long as it is feasible for the individual to return to work in that occupation. (Ord. 1275 §1(part), 2003) 7.01.150 Diversion Services provided to an applicant or recipient with the intent of diverting the applicant/recipient from long-term assistance. A. Diversion may be granted to residents or nonresidents if the applicant/recipient signs the diversion agreement. B. The amount of the diversion payment shall not exceed three times the amount of the personal needs standard for the GAFBU. C. A GAFBU that receives a diversion payment shall not be eligible to receive additional GA from Trinity County for a period of one year from the date the diversion agreement is signed. D. The HHSD shall have sole discretion for determining when it would be appropriate to offer diversion services. The applicant/recipient shall have the right to decide whether to accept diversion or to continue with the GA process. (Ord. 1275 §1(part), 2003) 7.01.160 Approval or denial of general assistance All applications for GA shall be approved or denied and the appropriate notice of action mailed within thirty days of the date of application. (Ord. 1275 §1(part), 2003) 7.01.170 Standard of aid The board of supervisors shall establish standards of aid for the GA program, based on the recommendations of the director of the HHSD. (Ord. 1275 §1(part), 2003) 7.01.180 Beginning date of aid The beginning date of aid shall be the date of application. (Ord. 1275 §1(part), 2003) 7.01.190 Notices of action The HHSD shall provide an adequate notice of action whenever benefits are approved, denied, changed or stopped. All notices of action shall include a statement of the applicants/recipient's right to request a GA hearing. (Ord. 1275 §1(part), 2003) 7.01.200 General assistance hearings All applicants/recipients shall have the right to request a hearing on any action



	taken by the HHSD. A. The request shall be made to the HHSD in writing within fifteen days of the date of the notice of action. B. Upon request, the eligibility worker or the GA employment and training worker shall assist the applicant/recipient in completing the request for a hearing. C. Hearings shall be scheduled within forty-five calendar days of the date the request was received by the HHSD. D. If a request for a hearing is received within ten days of the date of the notice of action, aid paid pending shall be authorized as appropriate. (Ord. 1275 §l(part), 2003) 7.01.210 The general assistance hearing board. ThGA hearing board shall consist of one representative from the county board of supervisors and one representative from the HHSD. A. The GA hearing board shall provide a written decision to the applicant/recipient and the HHSD within five calendar days of the date of the hearing. B. All decisions made by the GA hearing board are final. (Ord. 1275 §l (part) , 2003)