Title 2 ADMINISTRATION
Chapter 2.102 DEPARTMENT OF PUBLIC SOCIAL SERVICES[33]
2.102.010 Administration--Authority of director.
2.102.020 General relief--Described--Statutory provisions applicable.
2.102.030 Rules and regulations for chapter implementation.
2.102.040 General relief--Records required.
2.102.050 General relief--Written declaration by applicant.
2.102.060 General relief--Eligibility--Real property limitations.
2.102.070 General relief--Eligibility--Lien on property required when.
2.102.075 General relief--Eligibility--Lien on certain moneys or property.
2.102.080 General relief--Eligibility--Personal property limitations.
2.102.090 General relief--Eligibility--Transfer of property to qualify.
2.102.100 General relief--Eligibility--Income limitations.
2.102.110 General Relief--Eligibility--Persons employed full-time.
2.102.120 General relief--Employment requirements for employable applicants and recipients.
2.102.130 General relief--Responsible relatives of applicants or recipients.
2.102.140 General relief--Persons failing to provide support--Complaint and prosecution.
2.102.150 General relief--Legal residence--Determination by department.
2.102.160 General relief--Legal residence--Aliens.
2.102.170 General relief--Eligibility--Persons eligible for federal or state aid.
2.102.180 General relief--Basic budget table.
2.102.190 Additional support--Special needs.
2.102.200 Emergency aid.
2.102.210 General relief--Nonresidents and nonresident indigents.
2.102.220 General relief--Dependent and neglected children.
2.102.230 General relief--Furnished as payments to vendors when.
2.102.240 General relief--Collection by county.
2.102.250 General relief--Recovery of overpayments.
2.102.260 General relief--Sanctions for fraudulent acts.
2.102.270 General relief--Eligibility--Time limits for employables.
2.102.280 General relief--Eligibility--Substance abuse.[34]
2.102.010 Administration--Authority of director.
The department of public social services, hereafter in this chapter
referred to as “department,” under the direction of the board of
supervisors, shall administer those activities and functions authorized by law
or ordinance to persons who, because of their economic circumstances or social
conditions, are in need thereof and may benefit thereby, and shall perform such
other duties as may be prescribed by the board of supervisors or by law. The
department shall be under the direction and management of the director of public
social services, hereafter in this chapter referred to as
“director.” (Ord. 11983 § 1 (part), 1979: Ord. 4099 Art. 9-B
§ 160, 1942.)
2.102.020 General relief--Described--Statutory provisions applicable.
Cash aid and material support furnished by the department in
accordance with the provisions of Division 9, Part 5, commencing with Section
17000, of the Welfare and Institutions Code of the state of California, and this
chapter, shall be known as “general relief.” General relief shall be
provided only to persons who are found eligible by the department in accordance
with such provisions. (Ord. 11983 § 1 (part), 1979: Ord. 4099 Art. 9-B
§ 160.1, 1942.)
2.102.030 Rules and regulations for chapter implementation.
The director shall adopt regulations and directives necessary to
implement the provisions of this chapter. The director shall review such
regulations and directives as often as deemed necessary, and shall adopt any
regulations or directives necessary to revise the general relief program in
conformity with the provisions of this chapter in order to meet the needs of
recipients and to conserve county funds. (Ord. 11983 § 1 (part), 1979: Ord.
4099 Art. 9-B § 160.3, 1942.)
2.102.040 General relief--Records required.
A. The department shall establish and maintain a case record for each
person who applies for general relief, and, except as otherwise provided in
subsection B below, shall retain such record for three years beyond the closing
date of such case and for longer periods when such retention is necessary for
collection efforts or for pending civil or criminal actions.
B. The
department may destroy the case narrative portions of a case record which are
over three years old in any case record, active or inactive. The department may
also destroy those documents contained in a case record which are over three
years old and which are no longer necessary to establish the recipient’s
continued eligibility for general relief. Notwithstanding any other provision of
this subsection, no portion of a case record which is necessary for collection
efforts or for pending civil or criminal actions shall be destroyed until the
resolution of such matters. (Ord. 12327 § 1 (part), 1981: Ord. 11983 §
1 (part), 1979: Ord. 4099 Art. 9-B § 160.2, 1942.)
2.102.050 General relief--Written declaration by applicant.
A. At the time of application for general relief and at other times as
deemed necessary by the department, but not less than once annually. each
applicant or recipient shall sign a written declaration under penalty of perjury
stating such person’s social security account number or numbers; the
nature, source and amount of all income, whether cash, in-kind benefits or other
resources, which such person receives or is to receive; the nature, location and
value of all real and personal property in which such person has any interest;
the names, addresses and incomes of all responsible relatives of such person as
defined in Section 2.102.130 of this chapter: and such other information as the
department may require to determine eligibility or continued
eligibility.
B. To establish or verify the identity of an applicant or
recipient, the department may require that an applicant or recipient be
fingerprinted and photographed as a condition of receiving aid.
C. Any
person who fails or refuses to sign any declaration or to submit to being
fingerprinted and photographed, as required under this chapter, and who is
otherwise eligible for general relief shall not receive or be eligible for
general relief until such person signs such declaration and submits to being
fingerprinted and photographed.
D. Whenever it is determined that any
declaration required under this chapter contains false statements, the
department shall report all of the circumstances to the proper legal officer.
(Ord. 86-0042 § 1, 1986: Ord. 11983 § 1 (part), 1979: Ord. 4099 Art.
9-B § 160.4, 1942.)
2.102.060 General relief--Eligibility--Real property limitations.
A. Except as provided in this section, no person shall be eligible for
general relief who owns any interest in real property unless such real property
is used as such person’s residence and has a county-assessed valuation of
$34,000.00 or less. Such real property shall consist of either a single-family
residence or multiple residential units located in one building; provided, that
if such real property consists of multiple residential units, the unit or units
not occupied by such person must produce rental income for such person in an
amount consistent with fair rental value.
B. This section shall not apply
for a period of one year following the date of application for general relief by
any person who owns any interest in real property not used as such
person’s residence, provided that such real property has a county-assessed
valuation of $34,000.00 or less, and provided further that such person makes a
continuous and bona fide effort to sell such real property at a price consistent
with its current market value. (Ord. 12327 § 1 (part), 1981: Ord. 11983
§ 1 (part), 1979: Ord. 4099 Art. 9-B § 160.5, 1942.)
2.102.070 General relief--Eligibility--Lien on property required when.
A. No person shall be eligible for general relief who owns any interest in
real property unless such person, by proper written instrument, creates a lien
upon such person’s interest in such real property as security for
repayment of all general relief furnished by the county. This subsection shall
not apply to persons who are recipients of assistance under federal or state
adult or family aid programs, including, but not limited to, Supplemental
Security Income/State Supplementary Program and Aid to Families with Dependent
Children. This subsection shall also not apply to persons who receive general
relief for a period of 30 days or less.
B. All liens procured under this
section shall cover general relief provided within four years prior to the date
of the lien and all general relief provided thereafter. In addition to any
exemption from the lien required by law, the lien shall provide that if the
recipient has no insurance or other means of paying burial expenses, then such
lien shall not attach to the proceeds of any sale of the real property covered
by the lien as are necessary to pay burial expenses of the recipient up to a
maximum of $500.00 for each recipient.
C. The department shall furnish the
county engineer with the description of all real property located in this county
in which an applicant or recipient claims any interest, and the county engineer
shall make a search of the title of such real property and report its findings
to the department. All liens proper for acceptance by the county shall be
forwarded by the department to be recorded with the county recorder. Such
documents and any other documents evidencing or affecting the title to any such
real property shall remain in the permanent files of the department until such
lien has been satisfied or extinguished. (Ord. 12327 § 1 (part), 1981: Ord.
11983 § 1 (part), 1979: Ord. 4099 Art. 9-B § 160.6, 1942.)
2.102.075 General relief--Eligibility--Lien on certain moneys or property.
A. The department may, by proper written instrument and in accordance with
standards adopted by the department, require any general relief recipient who
owns or may acquire any interest in any sum of money or other personal property
obtained by any claim or action whatsoever, including, but not limited to,
workers’ compensation, insurance and litigation awards, to execute a lien
on such property as security for repayment for all general relief furnished by
the county. All liens procured under this section shall cover general relief
provided within four years prior to the date of the lien and all general relief
provided thereafter.
B. This section shall not apply to persons who are
recipients of assistance under federal or state adult or family programs,
including, but not limited to, Supplemental Security Income/ State Supplementary
Program and Aid to Families with Dependent Children. This section shall also not
apply to persons who receive general relief for a period of 30 days or less.
(Ord. 12327 § 2, 1981: Ord. 4099 Art. 9-B § 160.7.1, 1942.)
2.102.080 General relief--Eligibility--Personal property limitations.
A. Except as otherwise provided in this section, no person shall be
eligible for general relief who possesses or owns any interest in personal
property, regardless of the type or description, the total value of which
exceeds $500.00. Except as otherwise provided, the term “value,” as
used in this section, means the current market value without regard to the
amount of any encumbrances.
B. No applicant shall be eligible for general
relief if, at the time of application, such applicant possesses or owns cash,
negotiable instruments or bank accounts the total value of which exceeds $50.00,
and no applicant who resides with one or more members of such applicant’s
family where any such other member is an applicant, shall be eligible for
general relief if, at the time of application, such applicant and one or more
such other members who are applicants possess or own cash, negotiable
instruments or bank accounts, the total value of which exceeds
$100.00.
C. No recipient shall remain eligible for general relief if such
recipient owns cash, negotiable instruments or bank accounts the total value of
which exceeds the sum of such recipient’s monthly general relief basic
budget plus $1,500.00, and no recipient who resides with one or more members of
such recipient’s family, where any such other member is a recipient, shall
remain eligible for general relief if such recipient and one or more such other
members who are recipients possess or own cash, negotiable instruments or bank
accounts, the total value of which exceeds the sum of the monthly general relief
basic budgets of such recipient and such members plus $1,500.00.
D. If an
applicant or recipient has no means to pay for burial expenses other than a life
insurance policy or policies, then the total cash surrender value of such
insurance policy or policies, up to a maximum of $500.00, shall be exempt from
consideration in determining eligibility or continued eligibility for general
relief.
E. No person shall be eligible for general relief if such person or,
where applicable, any member of such person’s family residing with such
person where such member is an applicant or recipient, owns any interest in a
motor vehicle, provided that this requirement shall not apply if such person
and, where applicable, such member own an interest in only one motor vehicle and
such motor vehicle has a retail value of $4,500.00 or less, and provided further
that such value of such one motor vehicle shall be exempt from consideration in
determining eligibility or continued eligibility for general
relief.
F. Tools of the trade of an applicant or recipient necessary to
obtain or retain employment shall be exempt from consideration in determining
eligibility or continued eligibility for general relief, provided that such
tools are determined by the department to be those customarily required for the
specific trade of such person.
G. No person shall be eligible for general
relief who owns any interest in a mobile home, provided that this requirement
shall not apply with respect to an interest in such property used as such
person’s residence if the value of such property does not exceed
$15,000.00, and provided further that such value of such property used as such
person’s residence shall be exempt from consideration in determining
eligibility or continued eligibility for general relief.
H. No person shall
be eligible for general relief who owns any interest in a motor home or house
trailer, provided that this requirement shall not apply with respect to an
interest in such property used as such person’s residence if the value of
such property does not exceed $11,500.00, and provided further that such value
of such property used as such person’s residence shall be exempt from
consideration in determining eligibility or continued eligibility for general
relief.
I. Any currently employed person who is on leave of absence due to
disability or illness and who has funds in a retirement system may retain such
funds in such retirement system, and such funds shall be exempt from
consideration in determining eligibility or continued eligibility for general
relief, provided that such person retains all such funds in such retirement
system and that it is medically determined that such person will be capable of
returning to work within six months after the date of application for general
relief.
J. Household equipment, furnishings and personal effects of an
applicant or recipient shall be exempt from consideration in determining
eligibility or continued eligibility for general relief, provided that such
items of property are determined by the department to be necessary to provide
the minimal essential needs of such person, and are within reasonable values
established by the department.
K. The value of an interment space, crypt or
niche to be used for the interment of an applicant or recipient, up to a maximum
of $500.00, shall be exempt from consideration in determining eligibility or
continued eligibility for general relief.
L. Relocation benefits for
displacement from a dwelling actually owned or rented by an applicant or
recipient received from a public entity pursuant to Section 17409 of the Welfare
and Institutions Code of the state shall be exempt from consideration in
determining eligibility or continued eligibility for general
relief.
M. Earned income tax credits received by an applicant or recipient
shall be exempt from consideration in determining eligibility or continued
eligibility for general relief. (Ord. 2000-0041 § 1, 2000: Ord. 94-0022
§ 1, 1994: Ord. 82-0243 § 1, 1982: Ord. 12327 § 1 (part), 1981:
Ord. 11983 § 1 (part), 1979: Ord. 4099 Art. 9-B §
160.7,1942.)
2.102.090 General relief--Eligibility--Transfer of property to qualify.
A. No person who has made a voluntary transfer of real or personal
property for the purpose of either qualifying for general relief or avoiding
repayment of all general relief furnished as provided in this chapter, shall be
eligible for general relief for the number of months following the date of such
transfer, determined by adding the value of:
1. All property in excess of
the property limitations set forth in Sections 2.102.060 and 2.102.080 of this
chapter; and
2. Any other property in which such person owned any interest
at the time of such transfer, and dividing that sum by the monthly general
relief basic budget for such person.
No person shall be considered to have
made a transfer of property rendering such person ineligible for general relief
if the department determines that the total value of the transferred property
and any other property owned at the time of transfer did not exceed the property
limitations set forth under Sections 2.102.060 and 2.102.080 of this
chapter.
B. As used in this section, the term “value” means the
current market value without regard to the amount of any encumbrances. (Ord.
11983 § 1 (part), 1979: Ord. 4099 Art. 9-B § 160.8, 1942.)
2.102.100 General relief--Eligibility--Income limitations.
A. Except as otherwise provided in this section, any income of a general
relief applicant or recipient, whether cash, in-kind benefits or any other
resources, shall be deducted from the monthly general relief basic budget for
such person, and if such income equals or exceeds such basic budget, then such
person shall be ineligible for general relief. No person shall be eligible for
general relief who fails or refuses to apply for and take advantage of all
potential income, including, but not limited to, social security benefits,
veterans’ benefits, pensions, workers’ compensation, and
unemployment insurance benefits.
B. (1) If an applicant has received any
lump-sum amount, including, but not limited to, litigation awards, insurance
settlements, and social security benefits, such person shall be ineligible for
general relief if the lump-sum amount on the day of the application, combined
with the value of the individual’s other resources, exceeds the applicable
general relief resource limit.
(2) If a recipient receives any lump-sum
amount, including but not limited to, litigation awards, insurance settlements,
and social security benefits, such person shall be ineligible for general relief
if the lump-sum amount, as reported by the recipient in the applicable report
month, combined with the value of the recipient’s other resources, exceeds
the applicable general relief resource limit.
C. If an applicant receives
earnings from part-time employment, the following deductions, whenever
appropriate, shall be made from such earnings in computing such person’s
income: federal and state income taxes, social security, mandatory retirement
contributions, mandatory union dues, transportation costs if required by
employment, cost of maintenance of trade tools if required by employment, and
other necessary deductions approved by the department. As used in this
subsection, the term “part-time employment” means employment for
less than 100 hours per month.
D. In-kind transportation provided to an
applicant or recipient for attending family emergencies involving critical
illness or death shall be exempt from consideration as income.
E. The
portion of an educational grant, scholarship or other education stipend provided
to an applicant or recipient which is used solely for tuition, books or
educational fees shall be exempt from consideration as income, provided that the
educational program is funded by the State Department of Rehabilitation, the
Federal Comprehensive Employment and Training Act, or other programs approved by
the director.
F. The portion of any loan which is used solely to meet the
food, housing, or personal-care needs of an applicant and which is received by
such applicant during the 30-day period immediately preceding the date of
application for general relief, or during the period when the application is
pending, shall be exempt from consideration as income to such applicant,
provided that such portion of such loan shall be exempt only up to the general
relief basic budget amount for the particular need item for which it is
used.
G. Mortgage loans and rent subsidies, up to a reasonable amount to be
determined by the director, which are received by an applicant or recipient from
any governmental or nonprofit agency shall be exempt from consideration as
income.
H. The director may exempt from consideration as income any funds or
in-kind benefits provided to, or on behalf of, an applicant or recipient or any
member of such person’s family residing with such person, from any utility
assistance program approved by the director.
I. The director shall exempt
from consideration as income the monthly gross earned income of a recipient as
follows:
1. 100 percent of the first $200.00;
2. 80 percent of the
amount between $201.00 and $300.00;
3. 60 percent of the amount between
$301.00 and $400.00;
4. 40 percent of the amount between $401.00 and
$500.00;
5. 20 percent of the amount between $501.00 and $600.00.
The
term “earned income” means wages, earnings or income, received by
the recipient as payment for the recipient’s labor.
J. The director
may exempt from consideration as income any funds or in-kind benefits provided
to a recipient or any member of such person’s family residing with such
person, for participation in an educational or employment-related program which
has been approved by the board of supervisors.
K. Earned income tax credits
received by an applicant or recipient shall be exempt from consideration as
income. (Ord. 2007-0113 § 1, 2007: Ord. 2000-0041 § 2, 2000: Ord.
94-0067 § 1, 1994: Ord. 94-0022 § 2, 1994: Ord. 86-0123 § 1,
1986: Ord. 83-0033 § 1, 1983; Ord. 83-0033U § 1, 1983; Ord. 82-0203
§ 1 (part), 1982: Ord. 12327 § 1 (part), 1981: Ord. 11983 § 1
(part), 1979: Ord. 4099 Art. 9-B § 160.9, 1942.)
2.102.110 General Relief--Eligibility--Persons employed full-time.
Any applicant who is engaged in full-time employment, as well as
any member of such person’s family residing with such person, shall be
ineligible for general relief. As used in this section, the term
“full-time employment” means employment for 100 hours or more per
month. (Ord. 94-0022 § 3, 1994: Ord. 82-0243 § 2, 1982: Ord. 11983
§ 1 (part), 1979: Ord. 4099 Art. 9-B § 160.10, 1942.)
2.102.120 General relief--Employment requirements for employable applicants and recipients.
A. The department shall establish employment, job training, work project
or welfare-to-work requirements for employable general relief applicants and
recipients. The eligibility of any general relief applicant or recipient who
fails or refuses to comply with any of such requirements will be discontinued,
and such applicant or recipient, as well as any member of the family of such
applicant or recipient residing with such applicant or recipient, shall not
receive or be eligible for general relief for a period of zero, 30 or 60 days
from the last date for which a general relief payment has been made, depending
upon such applicant’s or recipient’s previous record of such
noncompliance within the 365-day period preceding the effective date of the
penalty to be imposed, except where such applicant or recipient has good cause
for such failure or refusal. Failure or refusal shall be considered to have been
for “good cause” when one or more of the following factors are
present:
1. The employment, job training, work project or welfare-to-work
requirement was not within the physical or mental capacity of the applicant or
recipient;
2. The applicant or recipient was ill and unable to comply with
the employment, job training, work project or welfare-to-work requirement, or a
member of such person’s family residing with such person needed such
person’s care and such person was unable to make other
arrangements;
3. The acceptance of the job training, work project or
welfare-to-work activity would have conflicted with an imminent likelihood of
reemployment at the regular work or other employment of the applicant or
recipient;
4. The work project or welfare-to-work activity was located at
such distance from the residence of the applicant or recipient that
transportation was either not available or so inconvenient as to cause undue
hardship;
5. The applicant or recipient refused to accept referral to or
offer of employment which was not in conformance with applicable federal or
state minimum wage standards.
B. The department may require any applicant or
recipient who has failed or refused, without good cause, to attend job training,
work project or welfare-to-work activities to make up any hours missed in
accordance with standards adopted by the department.
C. Any person who is
participating in a strike, as well as any member of such person’s family
residing with such person, shall be ineligible for general relief.
D. The
following applicants and recipients shall be exempt from the employment, job
training, work project and welfare-to-work requirements established by the
department under this section:
1. In any family in which two or more members
reside together and are applicants or recipients and in which one or more such
members is a child under the age of one year, one parent who is an applicant or
recipient shall be exempt from such requirements, provided that such parent is
furnishing full-time care for such child or children, and provided further that
free child care is not available for such child or children.
2. Applicants
and recipients under the age of 18 years shall be exempt from such
requirements.
3. Any employable applicant or recipient who is 18 years of
age shall be exempt from such requirements, provided that such person is
attending high school full-time and can reasonably be expected to graduate prior
to such person’s 19th birthday. (Ord. 99-0006 § 1, 1999: Ord. 91-0120
§ 1, 1991: Ord. 82-0243 § 3, 1982: Ord. 82-0203 § 1 (part), 1982:
Ord. 11983 § 1 (part), 1979: Ord. 4099 Art. 9-B § 160.11,
1942.)
2.102.130 General relief--Responsible relatives of applicants or recipients.
A. For each general relief applicant or recipient, the department shall
make diligent investigation to ascertain if there are any responsible relatives,
as defined in Section 17300 of the Welfare and Institutions Code of the state of
California, who are liable for the support of the applicant or
recipient.
B. The department shall give written notice to all responsible
relatives of each applicant or recipient informing them of their liability for
the support of the applicant or recipient, and shall endeavor to obtain support
for the applicant or recipient. (Ord. 11983 § 1 (part), 1979: Ord. 4099
Art. 9-B § 160.12, 1942.)
2.102.140 General relief--Persons failing to provide support--Complaint and prosecution.
The department shall report to the proper legal officer for
prosecution of all cases where any person violates any provision of the Penal
Code of the state of California relating to the failure of one person to provide
for another. In such cases, a formal written complaint shall be signed by the
applicant or recipient and filed promptly with the proper legal officer. General
relief shall not be furnished for more than 30 days to any applicant or
recipient who fails or refuses to sign such formal written complaint when
requested to do so by the department. (Ord. 11983 § 1 (part), 1979: Ord.
4099 Art. 9-B § 160.13, 1942.)
2.102.150 General relief--Legal residence--Determination by department.
At the time of application for general relief, and at other times
as deemed necessary by the department, but not less than once annually, the
department shall determine, wherever possible, the legal residence of each
applicant and recipient. Each applicant and recipient shall have the burden to
demonstrate that such person is a legal resident of the county of Los Angeles
when requested to do so by the department. If it is determined by the department
that such person is not a legal resident of the county of Los Angeles, then such
person may be eligible for general relief only as provided in Sections 2.102.210
and 2.102.220 of this chapter. (Ord. 11983 § 1 (part), 1979: Ord. 4099 Art.
9-B § 160.14, 1942.)
2.102.160 General relief--Legal residence--Aliens.
When application for general relief is made by or for any alien and
it appears to the department either that such alien is or has been a public
charge within five years after entry into the United States or that such alien
may be subject to deportation from the United States for any reason, the
director shall disclose such facts in connection therewith as is authorized or
required by law. (Ord. 11983 § 1 (part), 1979: Ord. 4099 Art. 9-B §
160.15, 1942.)
2.102.170 General relief--Eligibility--Persons eligible for federal or state aid.
A. No person shall be eligible for general relief who is eligible for or a
recipient of assistance under federal or state adult or family aid programs,
including, but not limited to, Supplemental Security Income/State Supplementary
Program, and Aid to Families with Dependent Children; provided, that general
relief applicants, who have been determined eligible for any such federal or
state aid program but who have not yet received assistance from such program and
who are otherwise eligible for general relief, may be eligible for emergency
aid, as provided in standards adopted by the board of supervisors, for the
period until their receipt of assistance from such federal or state aid
program.
B. Any person who is eligible for any such federal or state aid
program and who is denied assistance or terminated from such program because of
the failure or refusal of such person to comply with any of the requirements of
such program shall be ineligible for general relief.
C. Any person who
appears to the department to be potentially qualified to receive assistance from
any such federal or state aid program and who refuses to complete the
application process for such program, including, but not limited to, any
administrative appeals as determined necessary and appropriate by the department
to establish the eligibility of such person for such program, shall be
ineligible for general relief. The department shall provide assistance, as it
determines necessary and appropriate, to any person who appears to the
department to be potentially qualified to receive assistance from any such
federal or state aid program for the purpose of establishing the eligibility of
such person for such program.
D. Any person who has applied for any such
federal or state aid program and whose determination of eligibility under such
program is pending and who is otherwise eligible for general relief must also
have applied for any temporary or emergency assistance available under any such
federal or state aid program and have been denied such assistance before such
person is eligible for general relief.
E. No person who is determined to be
ineligible for further assistance from any such federal or state aid program
shall be eligible for general relief until the day following the last day of the
period for which assistance was issued to such person under such federal or
state aid program.
F. Any family member who is eligible for any such federal
or state aid program and who is denied assistance or terminated from such
program because of the failure or refusal of any other member of such
person’s family to comply with any of the employment requirements of such
program shall be ineligible for general relief.
G. Except as provided in
this subsection, no general relief shall be furnished to supplement the needs of
persons receiving assistance from any such federal or state aid program. Persons
who are eligible for or recipients of Aid to Families with Dependent Children,
Refugee Cash Assistance or Entrant Cash Assistance, may be eligible for general
relief only as provided in standards adopted by the board of supervisors. (Ord.
84-0219 § 1, 1984; Ord. 84-0182 § 1, 1984; Ord. 82-0203 § 1
(part), 1982: Ord. 11983 § 1 (part), 1979: Ord. 4099 Art. 9-B §
160.16, 1942.)
2.102.180 General relief--Basic budget table.
The department shall furnish cash aid or material support, or both,
to each eligible indigent in accordance with the general relief basic budget
table adopted by the board of supervisors. The basic budget table shall provide
for the minimal essential needs of indigents. (Ord. 11983 § 1 (part), 1979:
Ord. 4099 Art. 9-B § 160.17, 1942.)
2.102.190 Additional support--Special needs.
In addition to the general relief basic budget, the department
shall provide cash aid or material support, or both, for special needs of
general relief recipients in accordance with standards adopted by the board of
supervisors. The director shall request the county purchasing agent to procure
such articles as are necessary to provide for the special needs of general
relief recipients. (Ord. 11983 § 1 (part), 1979: Ord. 4099 Art. 9-B §
160.18, 1942.)
2.102.200 Emergency aid.
The department shall provide emergency aid for general relief
applicants and recipients in accordance with standards adopted by the board of
supervisors. (Ord. 11983 § 1 (part), 1979: Ord. 4099 Art. 9-B §
160.19, 1942.)
2.102.210 General relief--Nonresidents and nonresident indigents.
A. If the department determines that an applicant or recipient is an
indigent who is not a legal resident of the county of Los Angeles, it shall
determine, wherever possible, the place of such person’s legal
residence.
B. The department may incur all necessary expenses for returning
a nonresident indigent to another county, state or country, if the department
determines that such county, state or country is such person’s legal
residence. Transportation on public carriers, other than local bus lines, shall
be provided exclusively through the county auditor-controller.
C. If the
department determines that an applicant or recipient is a nonresident indigent,
it may furnish general relief emergency aid to such nonresident for a period not
exceeding 90 days, provided that the nonresident or a member of such
person’s family is unable to travel to the county, state or country of
legal residence or that there is an immediate prospect that the nonresident will
be supported from other sources. If the department determines that no legal
residence can be established for an indigent applicant or recipient, general
relief emergency aid may be provided to such person during the period of an
emergency. (Ord. 11983 § 1 (part), 1979: Ord. 4099 Art. 9-B § 160.20,
1942.)
2.102.220 General relief--Dependent and neglected children.
The department may provide general relief payments for the board
and care of dependent and neglected children described under Sections 300 and
16501 of the Welfare and Institutions Code of the state of California at rates
adopted by the board of supervisors during the period when such board and care
are necessary for the protection of such children and such children are not
eligible for any other welfare program. Such children shall be considered
emergency cases and may include children who are not legal residents of the
county of Los Angeles. (Ord. 11983 § 1 (part), 1979: Ord. 4099 Art. 9-B
§ 160.21, 1942.)
2.102.230 General relief--Furnished as payments to vendors when.
The department may provide general relief in the form of vendor
payments for the benefit of an applicant or recipient under any of the following
circumstances:
A. Where eviction is frequently threatened or enforced, the
department may arrange vendor payments directly to the landlord for the cost of
housing and shall pay a recipient the balance, if any, of the monthly general
relief basic budget or shall pay an applicant the balance, if any, of emergency
aid.
B. Where an applicant is a single, homeless person, pending
determination of eligibility and receipt of the general relief basic budget,
emergency aid may be provided in the form of vendor payments.
C. Where the
department determines that an applicant or recipient is in any way incapable of
utilizing general relief to provide for the necessaries of such applicant or
recipient, vendor payments may be made to furnish housing, food and care for
such applicant or recipient.
D. Where the county department of health
services places an applicant or recipient in a licensed board and care facility,
the cost of board and care for such person may be provided in the form of vendor
payments to such facility for a period not to exceed one week unless another
subsection of this section applies for the period thereafter.
E. Where an
applicant or recipient elects to have general relief furnished in the form of
vendor payments, vendor payments may be made, provided that a recipient must
reaffirm such election at each redetermination of eligibility by the department.
(Ord. 11983 § 1 (part), 1979: Ord. 4099 Art. 9-B § 160.22,
1942.)
2.102.240 General relief--Collection by county.
The department shall cause collection of general relief provided by
the county from the persons or property liable therefor, and all cases where
collection cannot be made by the department shall be referred to the county
department of collections. In appropriate cases where legal liability exists and
collection cannot be made by the department of collections, such department
shall refer such cases to the county counsel for proper action. (Ord. 11983
§ 1 (part), 1979: Ord. 4099 Art. 9-B § 160.23, 1942.)
2.102.250 General relief--Recovery of overpayments.
A. Whenever the department determines that any general relief recipient
has received general relief in an amount greater than the amount to which such
person was entitled and that such overpayment was not caused by the failure of
such person to comply with reporting responsibilities, the department may
recover such overpayment from such person’s future general relief basic
budget payments by reducing the amount of such payments by up to 10 percent of
the monthly general relief basic budget for such person or by $10.00 per month,
whichever is greater, until such overpayment has been fully
recovered.
B. Whenever the department determines that any general relief
recipient has received general relief in an amount greater than the amount to
which such person was entitled and that such overpayment was caused by such
person having knowingly provided false information or otherwise failing to
comply with such person’s reporting responsibilities, and that such person
is not able to repay the county for the full amount of such overpayment, such
person shall be ineligible for further general relief for the number of months
determined by dividing the total amount of such overpayment by the monthly
general relief basic budget for such person, or for 24 months following the date
of the department’s discovery of such overpayment, whichever occurs first.
The department shall report all the circumstances of such a case to the proper
legal officer.
C. Nothing in this section shall in any way diminish or
defeat the county’s right to collect the full amount of any overpayment of
general relief after a person is no longer eligible for general relief. (Ord.
82-0203 § 1 (part), 1982: Ord. 12327 § 1 (part), 1981: Ord. 11983
§ 1 (part), 1979: Ord. 4099 Art. 9-B § 160.24, 1942.)
2.102.260 General relief--Sanctions for fraudulent acts.
A. The department shall implement sanctions for fraudulent or misleading
acts relating to eligibility for aid and for multiple filings for aid under this
chapter.
B. Whenever any court finds, including any determination made on
the basis of a plea of guilty or nolo contendere, that an applicant or recipient
has made a false statement or representation or committed any act intended to
mislead, misrepresent, conceal, or withhold facts for the purpose of
establishing or maintaining eligibility for aid or increasing, or preventing a
reduction in, the amount of aid, the applicant or recipient shall not receive or
be eligible for general relief for the following periods:
1. For a period of
six months upon the first occasion;
2. For a period of 12 months upon the
second occasion;
3. Permanently, upon the third occasion.
C. Whenever it
is determined that an applicant or recipient has knowingly made multiple
application for general relief in this county; made application for general
relief in this county while receiving assistance from a state or another county;
or, made multiple applications for general relief in this county and for
assistance in a state or another county, with the intent to receive assistance
simultaneously on more than one case, the applicant or recipient shall not
receive or be eligible for general relief for the following periods:
1. For
a period of six months upon the first occasion;
2. For a period of 12 months
upon the second occasion;
3. Permanently, upon the third
occasion.
D. Sanctions imposed under this section shall be in addition to,
and not in substitution for, any other sanction or period of ineligibility which
may be provided for under this chapter.
E. Nothing in this section shall in
any way diminish or defeat the county’s right to collect the full amount
of any overpayment of general relief after a person is no longer eligible for
general relief. (Ord. 95-0013 § 1, 1995: Ord. 94-0018 § 1,
1994.)
2.102.270 General relief--Eligibility--Time limits for employables.
A. No employable general relief applicant or recipient who has been
offered an opportunity to attend job skills or job training sessions shall be
eligible for general relief for more than four months in any 12-month period,
whether or not the months are consecutive.
B. The department shall provide
the job skills or job training sessions described in subsection A and shall
offer each employable applicant and recipient the opportunity to attend such job
skills or job training sessions.
C. Notwithstanding subsections A and B, if
the board implements the requirements of Section 17000.6(f) of the Welfare and
Institutions Code, no employable applicant or recipient shall be eligible for
general relief for more than six months in any 12-month period, whether or not
the months are consecutive. However, such employable applicant or recipient who
continues to comply with the department’s welfare-to-work requirements
shall be eligible for an additional three months in such 12-month period. (Ord.
99-0006 § 2, 1999: Ord. 97-0025 § 1, 1997.)
2.102.280 General relief--Eligibility--Substance abuse.[34]
A. The department shall require each adult applicant and recipient of
general relief to undergo screening for substance abuse when it is determined
that there is reasonable suspicion to believe that such person is dependent upon
illegal drugs or alcohol. The department shall develop the criteria upon which
it will base a finding of reasonable suspicion of dependence and shall maintain
documentation of this finding.
B. Any person screened pursuant to subsection
A and professionally evaluated to be in need of treatment shall not be eligible
for general relief unless such person participates in a substance abuse or
alcohol treatment program. The department shall provide such programs at no
charge to the applicant or recipient. (Ord. 97-0025 § 2,
1997.)
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