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HomeMy WebLinkAbout1985-07-22 85-278 ORDINANCE85-278 Intxcluc d by councilor crown, .July 22, 1985 _p CIT?( OF BANGOR (PTS� .) �Tl}I1t5q[gp Amending.Chagter II, Article 21 - PUb11C Be ll ordairad WW City Coumcid o(tIu C(h o(Banpor,a(dkwa: That Chapter II, Article 21, Sections 1 to Section 5 be amended as attached. Statement of Fact: Strike -outs means deletions; underlining means additions' In City Council July 24.1985 raider next meeting CClerk yk �S16 85-278 ORDINANCE TITLE ) Amending Chapter II Article 21 public welfare department in City council. August 12.1985 lurabapd Cni fiied by Nefe[ed to Welfare Committee Consider lat meeting in September r p ) EV Gwxitman j.arLLlfx—s_•� City Cle[ In City Council September 9,1985 \eased as amended net i Yes 1 Absent Ming yes Btemn,GuxsDaydet Prankel,Mc Carthy,Tilley,Willey Absent Wheeler C e[ r �,. 7 5.12 BASIC 1OfAL R110[IIl@4M5 M BASS NAIIilENll4CE CATS. A buiget i vwnt is esf lisM1 for food, clothing, personal care, ani other family omsaBt . 1 this avium is adla9 a housing alla�ence. Basic t l rallirmenis represenc�iflp of N current National Fo y t idelines and are Luul arnutal1 try Ne Dir or Health a welfare to reflect changes in E e guidelines. (1) (2) (3) (4) (5) (6) (7) (8) fom, eeH 106 160 214 267 320 375 428 481 NG, , CfOfHING ES. WO 200 251 302 354 406 456 508 560 708 U N6ED 306 411 316 621 726 831 936 1,041 5.13 AMJIRIf OF ASS25'IItCB. Tae basis of eligibility for as- sistance from the Bangor welfare neparnrent is that tele aWlicant/appiicants have a need under Hie Standard of Need Deficit. Such determination shall be made by use of an irdigency fotnoula. Eligibility under all oHor esergency provisions shall be detersunl by HW3e rej lations afd the was record shall specify Hie section under which assistance is provided. Notwi[hsianding the above sections it is not intendel that the Bangor Welfare program be other Han to sat- isfy the specific emo a y need of a recipient for a specified period of time assistance granted will be on the basis that there is no available resasce. Verification of inane anti expenditure will be required to establish that there is no amiladle resourre and the caseorker may authorize assistanrn up to the lint established under the indigency fovwla to melt the individual or household meds who e.it. is determin- al Hta applicant or applicants are destitute. FODD. vouchers my be issued to purchase necessary food. Such vouchers may be issued in any avount not excesiing the weekly food allo,.ence stated in Riese Guidelines. such �s are intended for Hie pur- chase of foods high in nutritional value and my not include deli item and soda (unless specifically listed on the voucher), candy, potato chips and sinilar stack item, beer, wire and novelty item. uWeOlen/PmSDww. vouchers my be issued to purchase hws Aold and personal. item, in- cluding, Wt not limited to brarns, soap, detergent, toilet paper, tooth paste, disposable diapers, etc. Personal care item shall not include comotics. QOfIIING. the casewzker my assist elle applicant or. recipient and his/her family in the purchase of adq to clothing. In most circwmtanoas, clothing will be a postponable item. Emeptions N this maxim may arise in Use event that school clothes are nam in the£all; wWM fire or other crisis has destroyed Ute applicant or recipient's clothing; waste musually cold weather makes extra clothing an inmsliate necess- ity; or if special clothes are marled for the appli-, cant's mplgnrent. Before assistance will be made for Clothing, Ne caseworker must be satisfied that the applicant has taken maxiv¢vn advantage of all church ant civic organizations or other resources in the mamatity that make low mat or free clothing available. HMSIND. It is the individual client's responsibility to fired adequate housi , e t in mars of enargency, wWn the caseworker may help arrange ten o ary shelter.. The welfare cepardent will not becvre involved in the landlctd/reront or mortgage relatiohehip. The racfpi- ent should be advises to obtain Musing whit will be within his/her ahility of pay before furtnnr housing assistance will be rerdersi. When the msemrker determines that it will be necess- ary On give funds to neat any or all of a client -s housiug payment, the amount will be actual rent/m - gage paid by Use client, if the amount to be paid is reasonable and in accordance with limitations set in these guidelines. Wren necessary assistance may also be given with util- sties and Mating fuel. Heating fuel will not be am - sideral a necessary expenliture train May 15th to acm- ber 1st, emnapt incases of unusually severe weather or when the client's hat water is heated off the furnace. " S. In additim, malical dental and eye ervires and burial expensed may be provided if absolutely necessary. Medical, dental and eye services will he provided on an emergency basis Emopt in unique situatims apprrned by the Welfare Director, int caseworker will not approve dental expesr ses oUnsr than tmih extractions. — . 1. _.__._--- __-------- .... .. wl% I.fVEfS OF ASSIH1y4AT. Maximum levels of assis- .tanoe for food, rousing, twu 1m1 personal stere, etc. am baser] upon ]®i of th the current National Poverty ( elines and will M a�d- justed annually b the Director of Health ani welfare to mip1Y wvN tl Vie— sTi'Qess@ guvd2Irrws. Ch. H; Art. 21 Sec. 1 - Sec. 3(3.2) ARTICLE 21 - PUBLIC HEALTHR&IWELFARE DEPARTMENT *Sec. 1 Public Health & Welfare Department Created, In accordance with Article Charter, there Is hereby nstabllshed a Public Health &i Welfare Depart - all Ment. Said department shall be composed of two (2)divisionsto be known as the Public Health Division and the Public Welfare Division. *Sec. 2 Director of Public Health & Wel are, There is hereby authorized and establisheof Director o[ Public Health & Welfare. The Director of PublichHealthtion A Welfare hall supervise the entire operation of the Public Health & Welfare Department. This posltton shall be included in the Personnel Classification and Comp- ton Plan for the City of Bangor. The Director shall be appointed by the City Manager on the basis of merit and fitness alone, subject to con- fhmatton of the City Council. The Director shall make a monthly report to the City Manager as to the business of his/her department during the Preceding month, hell perform the duties of the Dlrectw of Public Welfare as prescribed under this Ordinance, and shall Perform such other duties as may be required by the City Manager Or the City Council from time to time. *Sec. 3 Public Hea-isl_ n 3.1 Functions and Duties of th P 1 H Ith Division. It shall be and duties of this Division: the functions 3.1.1 City Dental Clinic. To maintain and operate the Clty Dental Clinic, 3.1.2 Health Education. To establish and conduct a public health education program.' 3.1.3 Enforcement. To enforce all laws relating to public health, statute. Be may othekwlse be provided by ordinance or - 3.1.4 Other Fuactlons. To perform such other functions and duties the City Manager as may be assigned to the Department by Y ger or the City Council from time to time. 3.2 Health Officer. There Is hereby authorized and established the Position of Health ficer whose shall includePosition the supervision of the Pfublic Health Nursing Division. This posltton hall be. included in the Personnel Classification and Compensation Pian for the City of Bangor. The Health Officer shall be appointed by the City Manager on the basis of merit and fitness alone, subject to confirmation by the City Council. The Health Officer shall have all powers and authority provided by State laws and City Ordinances relating to his/her position. The Health Officer shall make a monthly report to the Director of Public Health & Welfare and perform such other duties as may be prescribed by the City Manager, Director of Public Health & Welfare or the City Council Ire m time to time. *Amended April 23, 1984, - Effective May 3, 1984 - C.O. 84-127 - Ch. II; Art. 21 Sec. 3(3 -.3) -Sec. 4(4. 2) 3.3 Dental Health Advisory Committee. There shall be a seven (7)' member committee appointed by the City Council for purposes of providing advice to the Director of Public Health & Welfare, City Manager and City Council on matters concerning the operation of the City Dental Clinic. Three - (3) of the members shall be practicing dentists and four (4) shall be members of the public at large. All members shall serve until their successors are appointed. All persons serving on the Dental Health Advisory Committee on the date this Ordinance goes into effect shall serve for the remainder of their terms. Thereafter, members of the committee shall be appointed annually to serve a term of three (3) years. Any vacancy on the committee shall be filled by appointment by the City Council for the remainder of the term. No person appointed to the committee shall some more than two (2) complete consecutive terms. The Director of Public Health - & Welfare shall serve as an ax -officio member. A secretary shall - be appointed and shall prepare such minutes and records of meetings as the committee shell require. 3.4 Public Health Advisory Committee. There shall be a seven (7) member 'I committee appointed by the City Council for purposes of providing advice to the Director of Public Health & Welfare, City Manager and City Council on matters in- volving the public health program of the City. Two (2) of the members shall be Doctors. One (1) member shall be a registered nurse. One (1) member shall be a registered pharmacist. Three (3) members shall be members of the public at large. All members shall serve until their successors are appointed. Of the first appointed, three (3) members shall have terms expiring on December 31, 1984; three (3) members shall have terms expiring an December 31, 1985; and one (1) member shall have a term expiring on December 31, 1986. Thereafter, each member shall be appointed to serve a term of three (3) years. Any vacancy on the committee shall be filled by appoint- ment of the City Council for the remainder of the unexpired term. The Director of Public Health & Welfare shall serve as an ex-offlolo member. A secretary shall be appointed and shall prepare such minutes and records of meetings as the committee shall require. *Sec. 4 Public Welfare Division. 4.1 .Functions and Duties of the Public Welfare Divisionit shall be the functions and duties of this Division: - 4.1.1 General Assistance. To renter general assistance to all eligible applicants In accordance with all applicable ordinances and statutes. 4.1.2 Other functions and Dutles. To perform such other functions ^and duties as may be assigned by the City Manager or the City Council from time to time. 4.2 Director of. Public Welfare. There is hereby authorized and estab- lished the position, of Directorof Public Welfare whose responsibilities shall include the super - *Amended April 23, 1984 - Effective May 3, 1984 - C.O. 84-127 Ch. 11; Art. 21 Sec. 4(4.2) - Sec. 5 vision of the Public Welfare Division. The Director of Public Welfare Division. The Director of Public Welfare shall have all powers and authority provided by State laws and City Ordinances relating to his/her position. The Director of Public Welfare shall make a monthly reportto the City Manager and perform such other duties as may be prescribed by the City Manager or the City Council from time to time. Sec. 5 Declaration of Policv. The City of Bangor shall administer a program of general assistance available to all persona who are qualified to receive general assistance In accordance with the stan- dards of eligibility as set forth herein. Applications will be accepted during regular business hours from anyone who expresses a desire to re- ceive assistance and relief will be furnished to those who qualify within 24 hours of the date of the submission of the application. Assistance in the City of Bangor will be provided for certification periods not to exceed one month. In order to be eligible for assistance the applicant must meet all eligibility requirements of these guidelines. Eligibility for assistance will be redetermined to accordance with Section 5-9 of these guidelines. It 1s the policy of the department not to make grams of cash directly to the recipients: Every effort will be made by employees of the Welfare Department to re- cognize and encourage dignity, self-respect, and self-reliance on the part of the clients. One of the goals of the general assistance program will be to assist each applicant to achieve self -maintenance and adequate social function. The incerKlve to work will be encouraged. An important focus of the generalassistance program will be the preservation and strengthening of the family unit in order to secure the rights of all children to a sound and healthy environment conducive to normal development. The general assistance program will place no restriction on the Individual rights of any applicant, nor will there be any discrimination based upon race, sex, religion, and political affiliation. The Public Welfare Depart - exact will take all reasonable steps to ensure that each client is made aware of his/her rights and responsibilities under the general assistance program. Each applicant will be evaluated individually with fair and equal treatment being guaranteed to all applicants. Any applicant shall have the right to request a "Fair Hearing" of any decision concerning his/her right to assist- ance in accordance with these guidelines and 22 MRSA ® 4322. As far as reasonably possible decisions on all applications for assistance will be made at the time of application. Complete records will be main- tained and all information given by clients must be recognized as privileged and confidential. All decisions concerning an applicant's right to assist- ance will be given in writing stating the reasons why assistance Was Wanted or denied.. A notice will be posted in the Welfare Office stating the hours and days that general assistance will be administered. An updated copy of these guidelines will be maintained In the Welfare Office for easy access to any member of the public.. A copy of these guidelines together with"a copy of all application forms and notices shall be on file with the Commissioner of Human Services. Any amendment or modification of these guidelines shall be submitted to the Commission[ for comment and filing. Ch. II; Art. 21 Sec. S(5.1) (A.-K.) 5.1 Definitions. Unless otherwise defined, all terms used herein will have their common meaning. Words and phrases having special definitions will be definad when they first appear in the Guide- lines, except as follows: A. Applicant.'A person who has expressed by means of a written application form, either directly Or through an authorised representative. a desire to receive general assistance. B. Application: An action by which a perea'n indicates in writing to the Public Welfare Department his/her deers to receive general assistance. C. Application Form. A document in a form prescribed by the Director of Public Welfare formalizing In writing the applicant's desire to receive general assistance. D. Basic Necessities. "Basic necessities- means food, clothing shelter, fuel, electricity, nonelective medical services recommended by a physician, telephone where It Is necessary for medical reasons, and any other commodity or service determined essential by the Director of Public Welfare. E. Case Records. Official files of forms, correspondence, and narrative records pertaining to the application, determination of eligibility, reasons for decisions and actions by the caseworker or the Director of Public Welfare, and kinds Of assistance given each applicant. F. Claimant. Any applicant or recipient who has requested a fair hearing. G. Destitute. In distress and standing In need of immediate relief. H. Director of Public Welfare. The municipal official designated to receive applications, make decisions concerning client's right to assistance, and to prepare records and communications concerning granting of assistance. The Director of Public welfare may delegate such tasks to other employees of the Welfare Department (caseworkers)-. I. Disabled Persons. A person whereby reason of any incapacity of a Physical or mental nature verifiable by objective medical evidence is therefore unable to work or main- tain a home. 1. Dwelling Unit. "Dwelling unit" means a building or part thereof used for separate living quarters for One or more Persons living as a single housekeeping unit. K. Emercencv. "Emergency" means any life threatening situation or a situation beyond the control of the individual which, if not alleviated immediately, could reasonably be ex- pected to pose a threat to the health or safety of a person. On. II; Art. 21 Sec. 5(5.1)(L.- .) L. l=_',noa. Tamxorary. La diate assistance T� oersC•ys wow would to otherwise ineligible but are Mb12 to provide err obtain the basic nECaSS1T1es essential W ntdln treyeelyes or.tlwir £alplly fron any other scarce except Wen that person is currently disgualffferl from General Assistance for a violation of these guidelines. M. General Assistance Program. "General assistance program" means a service administered by a mracpality for the immediate aid of persons who are unable to provide the basic necessities essential to maintain thmselvas or their fagdliss. N. Household. ""Hoaehwld" aegis an ecrndmdc unit ccuposed of a group of individuals legally obligated for the support of each odner; or group of unrelated individuals wow customarily share a dwallimg nnit, pool intone, or share end uses in common. O. Iname. Any form of inure in cash or in kind received by the household including net renwreration for services per- formed, any payments received as an annuity, retirement or disabil- ity, benefits, veteran^, pensions, workers' m;pensaticn, uneffploy- sent benefits, benefits under any state or federal categorical assistance program, SSI, 55 and any other parents from goverment sources, unless specifically prohibited by any law or regulation, court ordered support payments, ins from pension or trust funds and � income from any other source, including relatives or unrelated bousehoIn merbera. P. Aust cause. "Suet cause" for failure to neat work requirements or the use of potential resources shall be found when there is reasonable and verifiable evidence o£: 1.. physical or cental illness or disability; 2, belw, minimum wages; 3. sesal harassment; 4. physical or mental inability or perform required job tasks; 5. Lability to work required bars or to meet piece work standards; 6. lack of transportation to and from work or training; g. inability to arrange for necessary child care or care of ill or disabled family namsei; 8. any reason found to be good cause by the Employment Security h. Amis91M; 9. any other evidence wtui is reasonable and apprcpriate. In all o r instances 'just cause' neaps a valid, verifiable reason that hinders an individual in mR lyi ] with one or ;rare w Itions of eligibility. Q. Minor Child. Any person waw has not attained the age of 18 years. R. Municipality of Pesmaibility. "Municipality of respansibility" nears the municipality which is liable for the support of any eligible person at the tine of ap- plication. M II; Art. 21 Sec. 5(5.1-5.2) S. Need. "Need°mlens the oo di.tion mm son's in ern, credit, assets m other resources available to Cnavide basic necessities for the iraividual and the individual's family are less than tts maximm levels of assist ce establisired by these guidelines. T. Notice. Notice shall ounstitute that relief shall be furnished or denied" within 24 tours of the sutanission of an applicant's benefit reluest. U. Real Estate. "Real Estate" means any land, buildings, hones, mrbile tures and any other things affired to that land. V. Recipient. A recipient is a person who has been found eligible to re- ceive General Assistance under these guidelines by the DireC[Or of Public Welfare or his/her authmize3 assistent. W. Resident. A "resident" is a person who has novel into a municipality with the intention of rerefning in that mmfcipality aril esiabllshing a housenold. X. Romina Emme. A here licensed by the City where the landlord rents to persons each of wtxan pays the laMlord for his/her roan although such persons may share ort z facilities such as a bat as n, living roan, or kitchen. Y. Standard of Need. The stipulated t 1 needs of a family determined by the indigency formula p ch xiao unsatisfied by rel - slant resources make the person or family "needy" for Gesrsl Assistance l cses. Z. Student. _Any individual over the age of 18 years who is currently en- rolled in a post seacnxl y educational or training prngrsm cot specifically designed to assist him/her in securing employsaat during regular business tours and by virtue of this fact fs unavailable for full time eiplo}mant during these hours. as. Unemployable. An individual who, thrmgh no fault of his/her o , has over a period of tine demaatratad so irsa lity to secure m retain gainful employment do spite of continued diligent atteipts and repeated efforts at training and retrs'^'"g my be considered unesployable. 5.2 Confidentiality of InEonretim. Under 22 MRSA 94306, reoxds, papers, files and oomanf ztions relating to an applicant or recipient of general assistance are confidential and no information relating to an applicant or recipient of general assistance may be discloser to the general public, unless expressly penritted by that applicant or recipient. Lnformetim supplied to the mmici.pality by the State Deparbrent of Human Ser- vices, under 22 Mi SA §4314.1, concerning recipients of categorical assistance, is to be held confidential by Hie mvnnpslity. Misuse of infornstim whetter in state or nmmlcipal records, emcemirg public assistance clients is punish- able by law as a misdemesror (22 MRSA 942). Me Welfare Director should also be &sere of laws concerning the confidentiality of records as c ping narcbtics Prescriptions (22 M 923]4) and records wncemirg birth, marriage, end death (221A15A 92)06). Ch. I1. An. 21 Sec. 5(5.3)-(5.4)(5.4.1) 5.3 Maintenance of Records. The Welfare Department is required by statute to keep complete records of general assistance granted in the City of Bangor. In addition to general statistical records concerning the number ofpersons given assistance and the cost for such support, a separate case record s established for each individual or household applying for general assistance. The purpose for keeping complete records of general assistance is three-foW: a. to provide a valid bests of accounting for expenditure of municipal funds; b. to support decisions concerning the applicant's eligibility; c. to assure availability of information If a client seeks administrative or judicial review of the caseworker's decision. _ When verification of circumstances affecting eligibility is needed, information recorded will be limited to what is necessary to insure validity of the decision concerning assistance. Although narrative recording may be helpful to reflect the unique circumstances of each. client, the record should include only enough material to cover adequately the particular situation giving rise to the narrative entry. Minimum information to be maintained in teas records by the case- worker is the following: d, completed application for assistance; e, grounds for approval or denial of application; I. a narrative social history recording the need for assistance, the results of home visits, collateral information, referrals, changes in status, etc.; g. complete data concerning the type and amount of assistance granted; h. a copy of the "Notification of Eligibility` form. 5.4 Applications - Procedure. Any person who makes an application for assistance and who has not applied for assistance during the previous six (6) months, shall have his/her eligibility determined solely on the basis of need. All subsequent applications within six (6) months shall be considered In accordance with these guidelines. 5.4.1 Right to Apply. Any person has the right to apply for general assistance. An individual may do so by appearing in person before a caseworker and expressing a desire to receive general assistance and by completing a written application and other forms as may be required by M. II; Art. 21 Sec. 5(5.4.1)-(5.4.2)(h.) the Public welfare Director. If an inlividual is incapacitated, application my be nada throigh a duly authorized representative. In any case xdien an applicant is unable, due to illness, disability, lack of transportation, 'lack of child care or other good muse, to aFply in person for assistanoe or unable W appoint a duly auth- crizai representative, the mseorker shall accept an application by telephone subject W verification by (rail and a visit W the applicant's hone with the consent of the applicant. If the ap- plicant fails to give such consent, assistance will be denied. 5.4.2 Case..orker's Resvonsfbilities at Tine of Awlication. Maen appli- cation is made for general assistance, the caseworker shall inform the applicant of: a. 19ie Standards of eligibility for general assistance in the City of Bangor; b. !17he applicant's right to review and the nature of the review process; c. The applicant's responsibility for reporting all faces notarial W a proper determination of eligibility, and the penalties for false representation. it will be inr pressed upon the applicant that it is unnlawful for any applicant or recipient W knoIIinI and willfully nake a false written representation W the caseworker in order W receive general assistance (See 22 MR 54315) and that such false representation is a Class E crime and nay, upon written notice, result in a sixty (60) day disqual- ification; Ailegatims Of fraud and abuse node by marbers of the pab- ircOiga:en rc�ougx�a bene—Teat chi uths during rogLilso wor tng hOUr6 -f• U a.m. - 4;3D d. The joint responsibility of the caseworker and the ap- plicant for exploring facts concerning eligibility, needs and resources, and the applicant's responsibility for pre- senting records or dxwents in his/her possession or rsadily available to him ner W support his/her statasors. e. The kinds of verification needed; f. The fact that en investigation will be undermken by the Welfare Deparhnent as W the applicant's inoare, resources, and assets. That such an investigation nay ix;olude as announced has visit made during regular working hours; g. The applicant's responsibilities for notifying the case- worker of any change in circumstances that will affect his/her eligibility. h. any other programs of assistance or service of w oh the msanrker nay be aware CT which the applicant nay avail hiaself/herself in allitim W or in lieu of receiving general assistance; Ch. Il; Art. 21 Sec. 5 (5.4.2) (i. )-(5.4.4)(*) 1. The City of Bangor's rights and remedies for the reimbursement from the applicant's relatives pursuant to MRSA ®4319. ). The applicant's personal responsibilities for reimburse- ment to the City of Bangor under 22 MRSA §4318. 5.4.3 Emergency Benefits Prior to Pull Verification. Whenever an applicant for general assistance states to the caseworker that he/she is In need of immediate assistance to meet basic necessities, the caseworker shall, pending verification, issue to the applicant, within 24 hours of the application', sufficient benefits to provide the basic necessities needed Immediately by the applicant, provided that the following conditions are met. 1. Probability, of eligibility for assistance after full verification. As a result of the initial interview with the applicant, the caseworker shall have determined that the applicant will probably be eligible for assistance after full verification is completed. 2. Documentation. Where possible, the applicant shall submit to the caseworker at the time of the initial in- terview, adequate documentation to verify that there is a need for immediate assistance. 3. Information obtained. When adequate documentation is Act available at the time of the initial application, the caseworker may contact at least one other person for the purpose of obtaining information to confirm the applicant's statements about his/her need for immediate Assistance. 4.. limitation. In no case: A. May the authorization of benefits under this exceed thirty (30) days; B. May there be further authorization of benefits to the applicant until there has been full verification confirming the applicant's eligibility. 5.4.4 Tem2oraa Refusal Accept Application. Under special circumstances the Department may refuse to accept applications. Such cir- cumstances shall include, but are not limited to, the following: a. Cases where the applicant's conduct is abusive and disruptive or in cases where the applicant is under the influence of alcohol or drugs. The applicant may be required to leave. If he or she refuses to leave, the Police may be summoned. The applicant will be informed that an application will be taken when the particular cir- cumstances are no longer present. Ch. IT; Art. 21 Sec. 5(5.4.4)(b) -(5.8)(d) b. Cases Here a third person desired to make application for assistance on behalf of the applicant. Tne person will be requested to provide written verification that they have been authorized to act as representative for the applicant. 5.5 Resmnsibilitiee of Each Applisa"� and ReClpieht. Fach applicant and recipient has a responafbility at the time of application and aaafL nLg thereafter; a. to provide accurate, complete and current infoxnation concerning his/her needs, resources vssl assets, and the wFa.e.w«..s ani cir- c:mstances of responsible relatives. Assistance My be deniei or terninated if the applicant/recipient is unwilling to supply the necessary infornutim or permission In make collateral contacts; b. to notify the Caseworker when -a tlwge in his/her needs, resources and assets will affect eligibility for general assistance/ c. to apply for arc] utilize any other available benefits or resources that will reduce or eliminate the nced for general assistance; d. to reimburse the City for the costs of assistance ted in the event h¢/she cores o£ suffiuent i vt to y the same. City may recover the full mrount expe:dal for assistance ev from the person relieved oz rran Z pe�son sseeior tne recxp_ ient's sure ' they ececvustratorsIn a T action. In Caae�ro Ire the Cv[ 1 to r gh a Cly1 dC[1OI1, iIl Or P, L' ihaaamLVllt Or aSsyst- a CI of a eviwssTe3i epi es d'i�reeu rule Le- �t Cc reel amount• Lh1s person• we 1rt1a..iPro�a`oiTitY• main re�-iE_ eliov 1e r�r maeraiassystanre. e. to use all nwnies available to him/her for necessities first before reluesting general assistanm or purchasing luxury items. 5.6 Recognition of Dignity and Rights. Any initial interview or any later proceedings, including any inves- tigation of the applicant's eligibility, shall be conducted in a manner that will not violate the privacy, personal dignity or individual rights Of either the caseworker or the client and/or his family and personal acquaintances. 5.7 Actions on Application. Unless an applicationis withdrawn, the case- worker must make a decision concerning the a plicant's eligibility and if eligible cmrtence furnishing relief within iweatY-four (24) hours after the date of suhrission of signed and ccao- Plated application together with all other forms required by the Public Welfare Director. 5.8 %1tMraxa1. An application is considered aithdrswn if: a, the caseworker is unable to cunplete the interview, i.e., if fbe aWIlCa t refuses to cooperate with the caseworker; or b. rbc aPPliraut dies before general assistsnce is furnished; or c. the applicant avails himself of another service which makes bin ineligible urrles these Guidelines; or d. the applicant requests, in writing, that his application be wtth- drawn; or Ch. 11: Art. 21 Sec. e. the applicant falls to complete or sign the application or airy other form required by the Public Welfare Director. 5.9 Redetermination of Eligibility. The application form will show the duration of the limited periods of entitlement. Written notice of termination or suspension of benefits with opportunity for hearing will be given should a decision be made to discontinue assistance during this limited period of entitlement. If a hearing is requested within the established time limit, assistance will continue pending a decision from the hearing authority. At no time will such an extension of benefits outlast the original certifica- tion period. - 5.10 Eligibility Rules and Regulations. The following measures are to be employed by the caseworker upon recelpt of the written application in determining eligibility to receive assistance from the City of Bangor. A. A_e. Age shall be a factor In determining eligibility for general assistance. No person under the age of eighteen (18) is eligible unless: a, emancipated by marriage; or b. emancipated by the death of both parents and ineligible for foster care: or c. he/she is a member of a household otherwise qualified under these guidelines. B. Residence. Residence Is a factor in determining whether the City of Bangor is responsible for providing assistance to an individual. The city has a statutory duty to give assistance to residents .(see definition) of the city who are in need. Assistance will be given to eligible persons who apply for assistance and who are neither residents of the city nor of any other municipality. When the City of Bangor assists a recipient to relocate, at the recipient's request, In another municipality the city will con- tinue to be responsible for the support of said recipient for thirty (30) days after relocation. An applicant who Is In a group home, shelter, rehabilitation center, nursing home, hospital or other institution at the time of application and who has either been In that institution for six (6) months or less or has a residence which he/she has maintained and to which he/she Intends to return shall remain the responsibility of the municipality where the applicant was a resident immediately prior to entering the institution. If a resident of another municipality falls into distress in the City of Bangor emergency assistance may be given to that Individual on behalf of the responsible municipality provided that the administration in that municipality had given prior approval and has agreed to reimburse the City of Bangor for the assistance provided. Ch. II; Art. 21 Sec. 5(5.10)(C) -(F) C. Liquid Assets. No parson Owning assets easily convertible into ash including, but not limited to hadc deposits, stacks, bonds, certificates of deposit, or other rtarketa6le security, or life insurance with a cash surrender value, will be eligible for assistance. In those cases w e the need for relief is dntsomi ed to excend the cash value bf such liquid assets assistance may be granted for any remaining difference. D. Tangible Assets. m person owning tangible assets other than tools of trade or ordinary drneehold goods wduicb are sssily converted into cash including, but not limited to color televisima, renreatim vehicles, motorcycles, boats, notors, cr autarobiles within the lisitatima provided in Sulvsectionbelow shall be eligible for assistance. a. No person oYmirq an autcuobile stall be eligible for assist- ance. Emever, the ownership of one autvrobile unser the value of $1,000.00 by an applicant or a dependent will not sake the applicant ineligible for assistance in those sit- uations where the auwcobile is essential in ones enploymaut or necessary to obtain nedical treatnent. b. An applicant or recipient is allwel personal property not immediately convertible to cash with equity value not An excess of $500.00. An applicant or recipient with we or sore dependents is allowed personal property not immediately convertible to cash with equity value not in excess of - $1,000.00. E. Citizenship. A person nust he a citizen of the United States or a lawfully admitted alien to be eligible for assistance. Applicants wto are neither citizens nor lawfully admitted aliens will be referred to the United States De[-artvent of Immigration for appropriate action. F. Other Resources. Any applicant or recipient wst make a good faith effort to secure any potential resource which nay be availaple including but not limited to any state or federal assistance program; eiployment benefits; govern- meital/or private pension programa; available trust funds; support fron legally liable relatives; child support payments; Jointly held resources where the applicant or recipient share may be available to the individual, etc. Assistance shall not be witbheld pending receipt of such rescarce as lag as application has been made or good faith effort is being made to secure the resource. Any individual applying for or receiving assistance due to a disability oust m ka a god faith effort to make use of any medical and/or rehabilitative resources that nay be recmmeniad by a physician and which are available without financial Maden which would not constitute further physical risk to the indi- vidual. Ch. IC Art. 21 Sec. 5(5.10)(F) -(I) Any applicant who refuses to utilize available resources without just cause, after receiving a written seven-day, notice, shall be disqualified from receiving assistance until they have, made a good faith effort to secure the resource. Any applicant who forfeits receipt of or causes reduction In benefits from another public assistance program because of a finding of fraud, committed by the applicant within the 60 days prior to his application for assistance, is not eligible to receive general assistance to replace the forfeited assistance for a period of 60 days from the date of application for general assistance, except In the case of initial appli- cations. Notwithstanding the disqualification of any individual under this section, assistance shall be granted to other eligible individuals in the disqualified individual's household. G. Insurance. No person owning any type of insurance shall be eligible for assistance except if permitted by these Guidelines. Any application for assistance will not be denied where insurance is available to the applicant Or his dependent on a non-contributory basis or the extent minimum automobile liability coverage is required as a condition of employment or needed to retain employment. H. Real Property. No person owning real_ property shall be eligible for assistance except as follows: a. The Public Welfare Department may provide assistance upon receipt of the initial application to persons awning real estate other than their home in cases of emergency. However, continued eligibility for any type of assistance will depend upon the applicant making a reasonable effort to dispose of such real property at a fair market value. b. Where the applicant owns real property in which he/she makes his/her home he/she shall be eligible to receive assistance provided that the cost of mortgage payments, taxes, and insurance do not exceed the amounts available for housing under these Guidelines. c. When the City spends general assistance funds to provide mortgage payments to an eligible person under these guide- lines, a lien may be placed upon that property for the amount of mortgage assistance given. Such a lien will not be claimed until the death of the reclplent or the transfer of said property. Any recipient receiving assistance with a mortgage payment will receive written notification of these - conditions. I. Employment. Unless exempted herein, every person receiving assistance under this Ordinance shall actively seek and accept gainful employment. For purposes of this Ordinance "gainful employment" shall mean any available employment within the recipient's skills and abilities resulting Ch. 11; An. 21 Sec. 5(5.30)(1) in the maximum possible income for the recipient. Such efforts shall include, but not be limited to, registration with the Maine Employment Security Commission, diligent solicitation of available Job openings and making oneself available for work at all times during the night or day. The requirements of this Ordinance shall also apply to every member of the recipient's household, unless specifically exempted. The only persons who shall be exempted from this requirement shall be: a, dependent minor children; b. persons over the age of 65; C. persons who by reason of Illness or disability are unable to perform any type of work; d. persons whose presence is required in the home in order to provide care for a dependent child under the age of 6 years or for any ill or disabled member of the household; and e. 18 years of age and older who are regularly participating In a vocational training or primary or secondary educational Program which would assist the Individual in securing employment. Any person claiming to be exempt from seeking or accepting employment because of illness or disability may be required by the Welfare Department to be examined by a qualified physician at the Department's expense. Reimbursement for these services shall be at current Medicaid rates. Applicants and recipients are Ineligible for assistance for 60 days if they: 11 quit work after an initial applicatim, 2) refuse to searc or emplTii oyment; 3)' refuse to register for work; 4) refuse to accept a suitable job offer under this section; 5) willfully fall to perform or perform below average standards the job assignment for the municipality under this section or 6) refuse to participate in a training or educational Program which would assist themAn securing employ- ment[ and 7) they do not have just cause for their action. This person may become eligible during this period of time 9 he/she becomes employed or otherwise satisfies the require- ment of this section for which he/she was disqualified. In no case may the requirement to search for work or participate in a work or training program interfere with: Ch. II; Art. 21 Sec. 5(5.10)111-(J)O) 1) existing gainful euploymrnt or p ticipation in a vocational training or primary, or secondary educational prcgvam Which would assist the individual in securing erployne t; or 2) the individual's ability to follow-up on a bona fide job offer. 3) attendance at an intexviw for possible eaployumt. 4) ici tion in a priaery or secordary educational vam intended to leas to a hich school caMp; or 5) participatiWl in a travwg pr.gram unich is either approved Work Require at. All persons otiaxvise eligible for general as- sistance uNer this ordinance may be required to perform work for the City of Bangor or to participate in a training or educational pr.gram which would easier him/her in Securing eh plryaent as a vndition of receiving such assistance. Any such work requirement shall to subject to, the provisions of 22 tgtSA 4316(4) as modified by the following: 1. the work req+resu•+= of this Ordinance shall be under the direction of the Welfare Director, Aio shall be authorized to issue such amairustrative directives as nay be necessary frau Caine to tine to insure the proper ivplementation of the work requirement Program. 2. An otherwise eligible person who refuses a suitable job offer frco the City of Bangor under this Ordinance without just cause squall be imligible for general assistance for a period of sixty (60) days. Refusal to accept a suitable job offer shall include: (a) failure w report for work; (b) leaving work without permission free Ne worker's supervisor before the work period has ended; aad (c) failure to perform work as directed. 3. In w rase shall eligible persons performing work under this ord- inance replace regular m nvcipal egvloyces. 4. No person shall, as a wrclifion of general assistance eligibility, be required to da any amdmt of work Nat exceeds the value of the net general assistance that person amid orherwiae receive under m nicipal general assistance standards. My person performing Work under this Ordinance shall be provided with net general as- sistance the value of which is earned at a rate of at least the State'a alnimm wage. Expenses related w the work perfon i shall be considered in determining the auwnt of net general as- sistance tieing provided. 5. York perfonmd under Nis Ordinance shall not interfere with the eligible son's (a) exi t• (b) abilit to follow up on a bona ids nob offer•(c aetendance at job interviews participation in a orinmry or secondary ecucational pzagram intend - an to lead to a ns h churl dv 1 ) penin fi i tm,.,.,,O program which is evther aoproved or determined W by aha lvwmleIn E tabu be MM=n n t the vndvvvduel vn oscura lovsent Tdu h doe t Ch. II•rrt. 21 sec. 515.10)) See. 5(5.11) 16e caseworker may seek the facts necessary w establish eli- gibility from sources other than the applicant if the applicant has been unable to Provide necessary verification. Such con- tacts will be made only after the applicant has been given written notice that if he/she does not provide the docmrentary verification within one (1) week of the application such contacts will be made. Name visits my be made in order to verify informations lied the u' the rima of appy C1'eMs Will m notified at the time or app] rl tha h Via" vbl V is Will be corduttal during reaulaz workim hours (N -F: 8 a.m.-4:30 p ) m poli wno E w allow a how visit will to denial assistance under this section coil such a svt vs allaxd. Men available informatim is inoanclusive or conflicting regarding a fact which is waterial and necessary to deternune eligibility, the applicant will be advised A to what questions remain. To be considers] inclusive or conflicting, the information m the ap- plicitim mast be inconsistent wit statarents jade by the applicant, irmnsistent %oN orrs infovreuon m Ne application or previous applications, or inconsistent with inforration received by the case- worker Erm oNer sources. Assistance nay be daded or termina{ed if the applicant is unwilling to wvpply the caeemrker wi{h necessary verification or permission to oaks collateral contacts or if the Caseork=r cast determine Nat eligibility exists after contact with Use a licant or the applicant's collateral contacts. N. Applicant's Oan funds. Personal financial resources shall be used w meet wrrant expenses before requesting assistance. 5.11 ➢digency Fomala-Eligibility Requirements. The laws of the State of Raine require all municipalities to assist those persons, otherwise eligible, in cases where they are in distress and in nem of immediate assistance. In order to treat all applicants fairly and equally ani to discourage frivolous use of inane, assets, and orh r available resources, the follosing formmla will be used by the caseworker in considering the applicant's eligibility. aA =Basic Total Regeirensnts or Basic Maintenance Costs as de[en,dmwkl under this Ordinance for feed, clothing, personal care, and other family wnsmmgntives, but excluding housing costs. B = Actual cost of housing, up to Ne maxbmm amount allowed for the same under Nis Ordinance. C : Snare D = Need deficit Inligeicy Ammmila; (A + B) C - D Ch. II-hrt.?1 Sec. 5U.11)(A) - (c). the available assistance computed under the irdigency fororla will he applied to those areae in which the household is in most need. Such deterndnationa will to aede by seanu of a client-casewrkez muference durfmg which all available alternatives and resources will he explored. All standard of need detenniwtiow for general assistance will be mnputad for a period to be detetminsd by the caseworker. Such certification periods may not exceed thirty 130) days. For purposes of this formula, income will include all earner inane plus inmre fon other sources less all deductions for liquid assets and liq- uidated tangible assets. A twenty (20) percent deduction will be rade frau net earned income fn order to coupensate the applicant for work related expenses (transportation, clay care, etc.) In_de- termixom reed, the neriod of tine used as a basis for the cal- ^,o,cion she be a 30 -da rioa ceo.�c' on the date of the am tion. 1Rw_ cow ation shall not dispualdfy an applicant who fes exhaw his income to puronsse necessities, ovrded that income doses not exexl the income ers..a=.ds established to the mwicipality. A. Earned LIQTe. Incove In Cash or In kind earned by the a1 . plicant or recipient or cambers of his household through wages, salary, commissions, cr profit, whether self loyed or as an mquloyva. Rental fncrne and profits fon products sold are this category. with respect to self-mplcywent, total profit is arrived at by subtracting bnsinsss expenses frog gross income. When inmue tares, social security, and other payroll deductions as required by state, federal, or local law, =a deducted. Wages that are trusted, or ineu a similarly unavailable to the ap- plicant or his dependents will not be considered. B. Incame Poen Spouse - Support f sedatives. If husband aM wife are both euployed, ipppre actually available to the applicant or re- cipient and dependents are to be included. Contributions from relatives will be considered as income only if atrually received by the applicant or recipient. C. Incomes From Other Assistance or Social Insurance Progress. State categorical benefits, SSI payments, Social Security benefits, VA baxfits, Ml loyrernt Insurance Benefits and paymentS frmi other grovernrental or private sources will be considered as income unless specifically prohihiied by any law or req- ulatim. Any applicant who forfeits receipt of or causes reduction re benefits frau another public assistance pnxgram bemuse of fraud, misrepmsentation or a knowing Intentional violation of p ram rules committed by the applicsttt within sixty (60) days prior to his/her applicatimn for `asssstanrn, is not eligible N receive general assistance to replace the forfeited assistance for a period of sixty (60) days from the date of application for general assistance except as provided for initial applimtiona. Ch. II diL. 21 Sec. 5541) (n) -(L) L. Court Ordered support paoments. A rmony and child support payments will to considered.- incame only if it is actually received by the applicant or recipient.' E. Intone £Tan Other. Sources. IoCOTa fsan any source will be considered if it is intended for use by any member of tis household, related or unrelated, and is actually available to the awlimnt. F. Earnings of a Child. 'the earrings of any child miler the age of eighteen (18) years who is a. full tinn student and wing is not corking full time will not to considered as income under these guidelines. G. Retroactive ganef its. My funds received as a luap am for retroactive benefits, back payments, Insurance settlements, etc. shall upon receipt, be Considered as part of household inoses for the purpese of continuing eligibility. 'Ibe amount received, if in excess o£ $150, shall be divided into three (3) equal parts to be included in the househgld intone as if each third was r ved on the first day Of three consecutive monthe folle,ang such receipt. H. Excludable Incomes. For purposes of this defiantion, re- location payments under governmental housing programs, the bonus value of food stamps, earnings of ctildren order age 14, and the monetary value of products from hone gardenias shall not oe included. I. Potential Income. Potential income is defined as intone that could be received by the applicant if action ware taken to obtain it, e.g.; Social Security, Work- men's Compensation, Uneiplquent Coy enation, AFDC, SSI, etc. S. Treatment Of All other Inane. The full value of all income, not defined asearnedincome, whether -in kind or in cash, which is sctually available for use in the household will be tbnsidered in determining need under the indigency formula. E. Agreement for Housing. If an individual or family has pro- vided living accommodation to a person or family, standardgeneral assistance nay not dup- licate tuis service. L. Living in the Household Of Mother. When an a l cstion is received from an indi- vidual or family that is living in the huuselnld of another, emergency assistance nay to granted with items other than housing costs. In order for assistance to be grant Oi with housing -related expenses it is necessary for certification to be made of the entire household. HOUSING - Ch. I2- hrt. 21 :5.11)(14-N) 251 Sac. 354 M. otter Unrelated Peis Living in the Hine. When any other 456 individual is 566 living fn the applicant's home, certification smut be Crede of the entire hohuehold and the inaare and assets of all members of the household which are actually available -to the applicant counted in determining eligibility. when it ®n be determinel by the mseaorker that uarlated NEED individuals residing in the sae household are sharing ex - 411 Seems; equally end have no responsibility for each other's 621 welfare, the applicant will be treated as a free standing 831 household. 1,041 N. Eligibility. An applicant's eligibility will be based on his/her total income and on the basic total xePrirarenes of his/her househcld as established in these guidelines. There will to no automatic eligibility. All applicants most carpleta the application process. Tobe eligible for aid under the DelanuentIs Standard of hoed RLOvlsirms, the tnusehoid must have an itrsrre at or halve 808 of the 1981 G ity Service Association (C.S.A.) Guidelines. 5.12 BASIC TOTAL REQUIREMENTS OR BASIC MAINTENANCE COSTS.' A budgeted amount is established for foes, clothing. personal care, and other family consumptives. To this amount is added a housing allowance. Basic total requirements represent 708 of the current National Poverty Guidelines and are adjusted annually by the Director of Health and Welfare to reflect changes n these guidelines. BASIC TOTAL RE2fERE•iEtgl'S (1) (2) (3) (4) (5) (6) (7) (8) PDO), AN, PERSONAL, 106 160. 214 267 330 375 428 481 cio=NG, ETC. HOUSING - 200 251 302 354 406 456 508 566 708 OF NEED 306 411 516 621 726 - 831 936 1,041 Chc II`Art. 21 . 515.13) 5.13 AMDDNP DP ASBISTAIJ_B. Me basis Of eligibility for as- sistance from the Bangor Welfare ha t is true the applieant/applitanty have a noel utr the Starclard of Heed Deficit. Such determination shall be made by use of an in igency formula. Eligibility under all other emrgency provisions shall be determined by these regulations ao3 the case rerord shall spaoify the section wrier which assistance is provided. l itlistandiug the above sectionsitis not intended that the Bangor Welfare program be otgrer dan to sat- isfy the specific emeryency need of a recipient for a specified period of time. Assistance granted Will be on the basis that there is no available resource. Verification of income and expenditure will be requirerl W establish stat these is no available resource and tan_ casewskar may authorize assistantes up to the limits establisled under the indigeney fornvla to meet the individual or Mnsehold needs where it is determin- ed the applicant or applicants are destitute. FWD. 4buchers my be issued tochase necess Sn V hers my 155 env IDNINt not exmaliing we'ieetiv food a1lowaricE stated in these Uamlines. 5uch vmnchers are aitendal Eor tae chase of Pools high'in nutritio l value my not include aeli iters and sada (unless specerically ilstsa on =a y tangy, potato chips and sinniar sone item, beer, wine ant novelty iters. BYJBEHDLD/BF'AS7NAL. Wuchets my be issued to purchase housel ID and pErsoiu-i item, N- cf- ;tut roc limited io broore, son detergent, toilet carer, tooth caste is a T,- etc. mrsonal care item shall not incises comeE a CIMIM. The ca,eacrkax my assist Ne applicant or reaoient and his/her EamiIt in the wschase of adequate clothing. Inmost ciromstances, clothing Ca C. I� <*L. 't 5.13) HWs=. It is the individual client's responsibility to. find adequate housing, Except in cases of wr r mcy,:when the caseacrker may help arrange tarper- ary shelter.,. The Welfare. 0epvrtnent will not Eecdie involved in tlx: lardlord/terant or mortgage relationship. The recipi- ent: should he. advised to obtain housing what will be -. within hds/ner,ability of pay before further musing assistance will be 5erdered. _ when tho caneodicor detetndnes that it will benecess- ary to give funds to neat any or all of a client's housing payment, the anoint will be actual rent/Wrt- gage paid by the client, if the mount to be paid. is reasonable and in accordance with limitations set in these guidelines.. Uben necessary, assistance may also be given with util- ities and hesting fuel. Bleating foal will not be con- sidered a neccsssaiy expaditure fron May 15th to Octo- bar let,: except incases of unusually severe weather or _ when the client's',hot water is boatel off the Eureape. MLSCE[SAl®]JS. In min nedival dental and eve ibe^ and burial expensed mat be provdeaiE•dbsolutely necessaN. Medical dentateand eye services will be orauided on an eneM% basis. Ekcept Sn uniwe situations approved by the wel£aze hector caseworker wad notl' a lanai ees other then tooth extractions. . MAXIMUM LEVELS OF ASSISTANCE. :Maximum levels of assis- Mance for food, housing, household/personal items, etc. are based upon OUB of - the current National Poverty Guidelines and will he ad- - justed annually by the Director of Health and Welfare to comply with.chasses in those cuidelines. - C6. II• Are.. 21 Sec. 5 5.13) HMSEH= SIZE FWO/ - WEEK W/ MN4IH HOUSIM/ I®C HWSING/ lYRTPH 1 22 12 46 200 2 33 12 58 251 3 44 16 70 302 - 4 55 16 82 - 354 5 - 66 16 94 - 406 6 77 20 105 456 7 88 - 20 117 508 8 99 20 129 560 0h. II'`` 2rt. 21 Sec. $15.1.4) 5.14 -Assistance Cateacrie s. There are two (2) categories of assistance which are administered by the Bangor Welfare Department under the General Assistance Program: Standard of Need Deficit (Section S. 14A and Emergency Assistance (Section 5.148-M.) A. Standard of Need Deficit. This is the only category in which income is a factor. In order to receive assistance under this section the applicant must be - maintaining their own household, have a need deficit under the indigency formula, and satisfy all other eligibility rules and regulations set forth in these Guidelines. Applications for assistance under this section must be processed within 24 hours of the date of application. De- cisions shall be communicated In writing setting forth the reason(s) for the decision. If the applicant is found eligible, assistance shall tie furnished within 24 hours of the date of sub- mission of the application. B. Emergency Shelter. The Bangor Welfare Department is authorized to provide temporary shelter for persons who, by reason of special emergency, are stranded, homeless or victims of family violence. The length of time authorized in the shelter shall not exceed thirty (30) days. An extension may be granted if circumstances warrant. Such cir- cumstances may include, but shall not be limited to, delay in application for categorical assistance, loss or delay of monthly benefit check, etc. Individupls will be eligible for admission to shelter once in any twelve (12) months. Exception to this rule may be made where verifiable circumstances warrant. In determining eligibility for this service priority will be given Bangor residents. Individuals and families who by definition (See 22 MRSA, Section 4307) are residents of an- other municipality may be admitted to the Shelter. However, such admissions may only be granted In those situations where the authorized representatives of the other municipality agree to pay for the actual costs of welfare to be provided by the Welfare Department, plus a daily fee based upon a rate established by.the Welfare Department for occupancy in the shelter. Ch. II; Art. 21 Sec. 5(E.14)(C)-(H) C. Transients. Individuals who fall Into distress within the City of Bangor while traveling may be granted temporary assistance with food and shelter, either through the Welfare Department or by referral to a private agency. D. Transportation. Assistance may be granted to a transient or stranded individual who either wishes to return his/her point oforigin or who wishes to relocate in another area. E. Catastrophes. Individuals placed In need of immediate assistance through unforseeable circumstances such as, fires, floods, and hurricanes, may receive emergency assistance to meet their immediate needs. Such assistance will only be in the form of food and shelter. F. Emergency H os Pita lizatlon. At times It may become necessary for the Bangor Welfare Department to assume responsibility for hospital costs for eligible persons. In order for such assistance to be granted it will be necessary: 1. For an application to be completed by the applicant or his/her duly authorized representative; 2. For the hospital to notify the Director by telephone, con- firmed by certified mail, within three (3) business days of the applicant's admission; 3. For the hospital to verify in writing that all Hill -Burton and/or other endowment funds designated for the care of the poor have been exhausted. All services rendered must be itemized and will be reimbursed at current Medicaid rates. - G. Excessive Income. For various reasons, Itmightbe necessary to assist a person or family even though their monthly income is in excess of total requirements. Reasons for this might Include loss of a check, delay in mail of receiving a check or the person may have spent all their in- come, placing themselves or their family In immediate need. In these situations, either basic necessities, or food and shelter may be provided. However, before Emergency Assistance Is given to persons having excessive income, they must agree to reimburse the city for assistance rendered. H. Minor Children. At times It might be necessary for the Welfare Department to assist minor children whose needs are not being met due to parental neglect or misuse of household income. Reasons for this might include, but shall not be limited to; 1. Disqualification of the head of the household for quiting employment, failing to register for employment or refusing to participate in the workfare program; Ch. II; An. 21 Sec. 5(5.14)(H) -(M) 2. Failure of responsible relative to provide necessary support. I. Excessive Assets. An individual or family may be assisted even though they have excessive assets if immediate need can be established. Continuing assistance will be contingent upon the applicant making a good faits effort to convert the assets into available funds to off -set any assistance that might be necessary. J. Burial. The Welfare Department shall provide for proper burial. of indigent persons providing that the total burial costs do not exceed $650 and it is determined that the burial costs cannot be paid in total, or in part, from any other source including responsible relatives or from the estate of the deceased. The Welfare Department will apply all monies available from other sources toward the total burial costs. - The allowance for burials under these guidleines shall include the undertaker's services, clergy, personal attendants, casket, vault box, linen hearse and obituary. The expense of opening and closing the grave will be considered an additional cost to be paid directly to the cemetery. The addlnonal cost of a graveside service will not be considered a covered expense under these guidelines. The Welfare Department shall not pay for burials in lots outside of the City or for single size lou. How- ever, any person qualifying for assistance under this section may be buried in a lot provided by the City for such purposes, The Welfare Department shall not be obliged to pay for any burial expenses provided if the Director has not approved such expenses prior to the& delivery. - K. Emergency Assistance to a Disabled Adult. Emergency assistance may be provided to those single adults who are in need due to physical and/or psychological disability. A person shall be considered disabled if he/she is unable to engage in any substantial, gainful activity, due to a medically verifiable physical and/or Psychological impairment. Any person who has refused medical and/or rehabilitative resources recommended by a physican which are available without financial burden and which would not constitute fur- ther physical risk to the individual will not be considered eligible under this section. L. Over-Suoolementation of Total Requirements. For various reasons, t might be necessary to assist an individual or family in excess of the need of deficit computed under the indigency formula. Such assistance will be granted only for food, fuel, and household Items. When a client is over -supplemented, he/she will be given a termination notice. M. Other Name s sary Expense S. Under this section assistance that is absolutely necessary and cannot be obtained from any other source may be provided. Assistance granted under this section shall not exceed amounts listed in the basic total requirement charts. Ch. II; Art. 21 Sac. Assistance my be provided to parts of a household under this section. Under no circumstances will assistance be granted to parts of a household residing with a responsible relative. who has sufficient ability to support. ' 5.15 Review Procedure.. - 5.15.1 Richt to Review. Any applicant/recipient aggrieved by a decision, act, failure to act or delay in. action concerning his/her application for general assistance under these Guidelines shall have the right to appeal. If a person's application has been approved there shall be no revocation of general assistance during the period of entitlement until that applicant/recipient has been provided notice and an opportunity for hearing. *5.15.2 Initiation of Appeal. To initiate the right to an appeal, the aggrieved person shall file a written request for the same with the Welfare Director within five (5) working days from the earliest occurrence of one of the following events; 1. Expiration of 29 hours from the time said person applies for general assistance. 2. Reeelpt of a notice of decision adverse to the applicant. The written request for an appeal must include the following information: I. The decision, act, failure to act or delay in action for which an appeal is sought; 2. The reasons for the aggrieved person's dissatisfaction and the circumstances he/she believes entitle him/her to a different result; and 3. The relief sought by the aggrieved person. 5.15.3 Interim Review by Welfare Director. Upon receipt of a" written request for an appeal, the Welfare Director shall schedule a conference with the aggrieved person and the caseworker involved, at which conference both persons shall have full opportunity to present their positions on the case. The Director's re- view shall be conducted informally in a manner respectful of the rights and dignity of all involved. Witnesses may be called and evidence may be presented at the conference. Subsequent to the conference, the Director shall inform the caseworker and the aggrieved person of Ms/her decision in writing. The Director's decision shall be limited to a determination as to (1) whether the caseworker's decision has been made In accordance with these guidelines and Pertinent state statutes and (2) whether the aggrieved person may receive emergency assistance as provided in these guidelines. At no time shall the Director condo= a review of any case in which he/she was directly responsible for the disputed action. October 12, 1983 - Effective October 22, 1983 - C.O. 83-330 Ch. n; An. 21 Sec. The Welfare Director shall endeavor to conduct his/her review as expeditiously as possible to facilitate the fair hearing before the fair hearing officers. The Director may not deny or dismiss a request for a fair hearing unless it has been expressly withdrawn by the aggrieved person or unless the relief sought was granted to said person by the Director subsequent to the filing of a written request fee an appeal. 5.15.4 Time for Fair Hearing. Pursuant to the requirements of 22 M.R,S.A. B 4322, the requested hearing shall be held by the fair hearing offieer(s) within seven (7) working days following the receipt of the written request for an appeal. The scheduling of the hearing shall take into consideration the convenience and needs of all concerned. The Director shall inform the aggrieved person of the review procedure and the date, time, and place of the fair hearing. 5.15.5 Fair Hearina Officers. All appeals under these guidelines shall be heard by fair hearing officers, who shall consist of a five (5) member committee of the Bangor City Council established for such purposes. A msioaty of the members of said committee shall constitute a quorum for the transaction of business, but a smaller number may adjourn a meeting from one time to another. 5.15.6 Conduct of Hearing. All reviews by the Council Committee will be conducted in accordance with the following: I. The preceeding will be conducted privately and open only to; a, the aggrieved person, witnesses and legal counsel. b. the Public Welfare Director and his/her case- workers, the City Manager, witnesses, member of the City Council, other than Committee members, and legal counsel. 2. The proceeding will be conducted infernally, without technical rules of evidence,.but subject to the re- quirements of due process. 3. The review will be opened with a. presentation of issues by the Committee Chairman. 4. After the presentation of issues the aggrieved person shall present his/her position with the aid of legal counsel, and/or witnesses. S. The Public Welfare Director and/or his/her caseworkers shall then present the position of the Welfare Depart- ment with the aid of legal counsel or witnesses. 6. All participants shall be given an opportunity to: _ a. present oral or written testimony or documentary evidence; b, offer rebuttal; Ch. I1; Art. 21 Sec. e, question witnesses on matters germane to the issue at hand; d. examine all evidence presented at the hearing. 7. The Committee's decision shall be determined solely upon the evidence presented by all parties at the proceeding. Said decision shall be in accordance with these guidelines and the State statutes relating to granting of general: assistance. 5.15.7 Decision. Upon completion of the fair hearing, the Committee shall within five (5) days, prepare a written notice of its decision which will contain the following information: 1. A statement of the issue(s); 2. Relevant evidence presented by any participant at the proceeding; 3. Pertinent provisions of the general law and these guidelines relatingto the Committee's decision; 4. The Committee's decision and the reasons for it. Copies of the notice of decision will be provided forth- with to the aggrieved person. The hearing record and the case record shall be maintained by the Public Welfare Director. 5.15.8 Further Acoeal. Further appeals may be taken from any action or failure to act of the Committee or the Welfare Director, by any party, to the Superior Court in accordance with Rule BOB of the Maine Rules of Civil Procedure. The aggrieved person shall be notified of his/ her right to such an appeal. Coefs for prevavim env trahe¢iMe which a :.w Eo o£f e be ➢aid. for by the aoolicant. Ch. IL; An. 21 85-278 Sec. 1.- Sec. 4 1 CHAPTER H 'ARTICLE 21 - PUBLIC WELFARE DEPARTMENT Sec. 1 Public Welfare Department Created. in accordance with Article V, Section 2 _ there is hereby established a Public W lfaDepartmeof nt City Chatter, re Sec. 2 Function of the Public Welfare Department. R shall be the functions of this Department: 2.1 Assistance. To render general assistance to all eligible applicants . i in: accordance with all applicable State and local laws, ordinances and regulations. . _ - 2.,2 Rehabilitation. To stress the rehabilitation of persons receiving. aid -, and assistance so that such persons may become ore productive and better adjusted members of the community. _ 2.3 Reimbursements from the 8 . To insure that the City of Bangor receives all reimbursements from the State, as Pertained by law, for general assistance given to Persons eligible for such assistance within the community., 2.9 .Cooperation with Federal and State Governments. To cooperate with the Federal and State government in matters of mutual concern. 2.S Burials. To provide burial for indigent persons whose death may occur in the City of Bangor and to recover the amounts necessarily expended as Provided by law. -- Sec. 3 Director of Public Welfare. There is hereby authorized and established the position of the Director of Public Welfare. The Director of Public Welfare shall supervise the entire operation of the Welfare Department and shall exercise all the powers and perform all the duties conferred and imposed by law upon Overseers of the Poor. This. - position shall be included in the Personnel Classification and Compensation Plan for the City of Bangor. The Director of Public Welfare shall be appointed by the City Manager on the basis of merit and fitness alone, subject to the confirmation of the City Council. 3.1 Monthly Report to City Manager. The Public Welfare Director shall make a report to the City Manager, before the first Council meeting of each month, as to the business of his/her office during the preceding month. 3.2 Other Duties. To perform such other duties as may be prescribed by the City Manager or any applicable state and - local laws and ordinances. Sec. 9 Missionary Funds. The Director of Public Welfare is hereby vested with all powers and duties heretofore vested in the City *Amended in its entirety September 12, 1983 - Effective September 23, 1983 - C.O. -. 83-285 -276 Ch. 11; AM. Art. 21 2 Sec. 4 - Sec. S Missionary In the matter of investigating into the wants of the destitute and poor of the City of all classes, without regard to religious belief, race or nationality, and to expand such income as may be received from funds donated to the City far the use of the City Missionary. See. S. Declaration of Policy. The City of Bangor shall administer a program of general assistance available to all persons who are qualified to receive general assistance in accordance with the standards of eligibility as set forth herein. Applications will be accepted during reg- _ - ular business hours from anyone who expresses a desire to receive assis- tance and relief will be furnished to those who qualify within 24 hours of the date of the submission of the application. Assistance in the City of Bangor will be provided for certification periods not to exceed one month. In order to be eligible for assistance the ... applicant must meet all eligibility requirements of these guidelines. Eligibility for assistance will be redetermined in accordance with Section 5-9 of these guidelines. It is the policy of the department not to make grams of cash directly to the recipients. Every effort will be made by employees of the Welfare Department to re- aggnize and encourage dignity, self-respect,- and self-reliance on the part of the clients. One of the goals of the general assistance program ..will be to assist each applicant to achieve self -maintenance and adequate social function. The incentive to work will be encouraged. An important focus- of the general assistance program will be the preservation and strengtberdng of the family unit in order to secure the rights of all children to a sound and healthy environment conducive to normal development. The general assistance program will place no restriction on the individual rights of any applicant, nor will there be any discrimination based upon race, sex, religion, and political affiliation. The Public Welfare Department will take all reasonable steps to ensure that each client is made aware of his/her rights and responsibilities under the general assistance program. Each applicant will be evaluated individually with fair and equal trust - event being guaranteed to all applicants. Any applicant shall have the right to request a "Pair Hearing" of any decision concerning his/her right to assistance in accordance with these guidelines and 22 MRSA g 4322. As far as reasonably possible decisions on all applications far assistance Will be made at the time of application. Complete records will be main- tained and all information given by clients must be recognized as privileged and confidential. Ali decisions concerning an applicant's right to assistance will be given in writing stating the reasons why assistance was granted or denied. A notice will he posted in the Welfare Office stating the hours and days that general assistance will be administered. An updated copy of these guidelines will be maintained in the Welfare Office for easy access to any member of the public. A copy of these guidelines together with a copy of all application forms and notices shall be on file with the Commissioner of Human Services. Any amendment or modification of these guidelines shall be submitted to the Commissioner for comment and filing. Ch. II; Art. 21 85-278 Sec. S(S. 11(A. -K.) 3 5.1 Definitions. Unless otherwise defined, all terms "used herein will have their common meaning. Words and phrases having special definitions will be defined when they first appear in the Guide- lines, except as follows: A. Applicant. A person who has expressed by means of a written application form, either directly or through an authorised representative, a desire to receive general assistance..' B. Aoolication. An action by which a person indicates in writing to the Public Welfare Department his/het desks to receive general assistance. C. Application Form. A document in a form prescribed by the Director of Public Welfare formalizing in writing the applicant's desire to receive general assistance. D. Basic Necessities. 'Basic necessities" means food,clothing shelter, fuel, electricity, nonelective medical services recommended by a physician, telephone where if is necessary for medical reasons, and any other commodity or service determined essential by the Director of Public - Welfare. -- E. Case Records. Official files of forms, correspondence, and narrative records pertaining to the application, determination oeligibility, reasons for decisions and actions by the caseworker or the Director of Public Welfare, and kinds of assistance given each applicant. F. Claimant. Any applicant or recipient who has requested a fair hearing. G. Destitute. In distress and standing in need of immediate relief. H. Director of Public Welfare. The municipal official designated to receive applications, make decisions concerning client's right to assistance,' and to prepare records and communications concerning granting of assistance. The Director of Public Welfare may defecate such tasks to other employees of the Welfare Department (caseworkers). 1. Disabled Persons. A person whereby reason of any incapacity ,t - 'of a physical or mental nature verifiable by objective medical evidence is therefore unable to work or main - felt a home. ' 1. Dwellinu Unit. "Dwelling unit" means a building or part thereof used for separate living quarters for one or more persons living as a single housekeeping unit. ' - K. Emergency. "Emergency" means any life threatening situation or a situation beyond the control of the individual which, if not alleviated immediately, could reasonably be ex- pected to pose a threat to the health or safety of a person. M. 11• Art 21 85-278 Ss. 5(5.1)(L. -S.) 4 L• nre� Mqj�,00s. 'i'a�wr'uv. LmBate assistan to persons who,Ea to otherwise insli ale but are unable to Provide or obtain the basic necessmesessential to .. naintain thsreelves or their family fWier - when Llai t1 di lif ed rMn General ASSIstsnCs £ora 1atr of these auidel M. General Assistance Program. "Gametal assistance program" means a service administersl by a mmiclpality for the immediate aid of persons win are unable to pzgvide the bssic necessities essential to mintain Ns ,Oes or their families. N. Household. ""Household" n ans an economic ;mit cnrq d of a y - of individuals legally rbligated for 'ths suppx of each other: or group of o¢elstsd individuals ,%n custcaarily share . a dseh3ing'uvt, pool iom , or share expenses in mvrcm. . 9. Ina . A;Y form of inmre in cash or in kind received by tt�e .household including net rmmreratim for services per- . - 'formed, sm PnYments xsCs VGJ as m annuity, retfrmmt or disS -.. ity benefits, veterans pensions, workers' �tion, ms�loy- ;rent benefits, benefits unl any state or federal categorical assistance program, SSI. SS and -any other palnents from gove=ent Sources, unless specifically prohibits] by any law or regulation, - muxt ordered support paymsrts, inmre_'£rce pension or trust funds sal hiusehold inccne Exam mY other source, including relatives or unrelated household members. ' P. -Just Cause. "Just cause" for failure to meet work regn em nta or the use of potential resources stall he £curd nen there is reasrnable and verifiable evidence of: - 1. physical or mental illness or disability; 2. below mmumxm xagss; 3. sexual harass;ent; 9. physical or mental iability to perform requiiai job tasks: 5.- inability to work regufzed hours or to meet piece work -- standards; 6. lack of traaportation to and from work or ]. inability to arrange for necessary child rare or are of £ll or disabled family namber; 8. any reason found to be good cause by the EkPloyment Hecurfty C Ssion: 9. any o evidsne wtdCh is reasa able and appropriate. In all other instances just cause' mesa a valid, verifiable reason that hinders an individual in Implying with one or � mnditioa of eligibility. - Q. Minor (hill. Airy persm Who has not attained the age of 16 years. - R. F pality of gsponsinility. "Municidslity of responsibility" liable for the nes the municipality ubich is support of any eligible persm at the fibre of ap- plication. 85-2]e Cn. IIArt. 2I Sec. 5(( 5.1-5.21) S. Neal. omeecrtike CodItionvA rebva SOOIS�eY. PrRY cralit otl ]able to prwrde basic E tM irdr adal and the r�avadual s £artaly are less than the level of tante stablrshed by these auvdelvnes_ T. Notice.' Hotice shall constitute that relief shall De finished or devfed within 24 tears of the suhmiss£m of an apPlfcant's benefit request. - - U. Real Estate. ileal sOy � Rea geenffixed tbuild la,d S, nubile —hares V. Aecioient- A recipient is a Person who has bee farad eligible to te- ceiveYc mere Ass1sG trader these Tli ines by The. triretts of Public Welfare or hos/ter authorized assistant. W. Resident. A •raSld is a person xin bas novel into a municipality with the intenfion of reiai+u ] in that v micipality and establishng a tvuwl Old. - X. 1Mrn1m Hmse. A hart licensed by the CftY Where the landlor8 rents to Parsons eadt of whmn lays the lazdlord for his/her roam although such person^ may share otM facilities such as a bathroom, liviig zomn, or kitchen. ., Y. stamiard. of Need. the stipulated total heels of a family determix as by the inaigency fore a u dh when unsatisfied by rel- ela resrnuces sake rhe parson or family "reedy" for Cental Assistance prposes. .- Z. Student. Any individual over the age of 18 yasr's w is currently en- rollal in a post semrdary edumtiohal or tra£mdng Pr Dram rat slxcifdcally desig i to ssaiat huw%,, fn'securirg sapioy�t duriig regular busirass-hmrs and by virtue of this fact is unavailable far full time em loyurent dura g mese tars. _ as. U�lWy s. An itdivfduel who• through no fault of lust aah, has over a period of time derenstuared an d Iity to secure or retain gairfu unployment in spite Of continual diligent attempts and repeats➢ efforts at train and retraining my be mnsidere3 wsffployable. 5.2 Confide 1 1'ty of Information. Under 22 F §4306• records, rypss, files y cam rations relating to an applicant . or recipient of. general assistance are oefidential and m intornation relating to an applicant or reciPiarc of gmaral assistance nay be disclosed to the general Public, u ass expressly permitted by Llai applicant OrreciPiet. Lrtornetion supplfed to t mnucipality by the State Department of Hoven sMi SA Ser- vO, and 22 §4314.1, nirg recipients of ®te3orical assistance, isto be held confidential by the municipality. Mfsose of infomation whether in State or municipal records, concerning peblic aasist clieta is punish- able by law as a misderenrer (22 hAnSA 042). the Welfare Directs' should also Os mare of laws ran ixung the w Idmtislity of reroYds mn ming =Mics prasctiptions (22 F §23141 and records mncexning bi , Marriage,_and. death (22 M §2]06). 1 _ Ch. ll, Art. 21 85-278 Sec. S(5.3)-(5.9)(5.9.1) 6 5.3 Maintenance of Records. The Welfare Department Is required by statute to keep complete records of -.. general assistance granted In the City of Hangar. 1n addition to general statistical records concerning the number of persons. given assistance and the cost for such support, a separate Mae record is established for each 'individual or household applying for general assistance. The purpose for keeping complete records of general assistance is ..three -fold: .. a. to provide a valid basis of accounting for expenditure of municipal funds; I _ b. to support decisions concerning the applicant's eligibility; C. to assure availability of Information if a client seeks administrative or Judicial review of the caseworker's decision. ... When verification of circumstances affecting eligibility is needed, information recorded will be limited to what is necessary to insure .. validity of the decision concerning assistance. Although narra{ivs - recording may be helpful to reflect the unique circumstances of each client, the record should include only enough materiatto cover adequately the particular situation giving rise to the narrative entry. Minimum information to be maintained in case records by the case- worker is the following: d. completed application for assistance; e. grounds for approval or denial of application; f. a narrative social history recording the need for assistance, the results of home visits, collateral - information, referrals, changes in status, etc.; 9. complete data concerning the type and amount of assistance granted; h. -a copy of the "Notification of Eligibility" form. 5.9 Applications - procedure. Any person who makes an application for assistance and who has not applied for assistance during the previous six (6) months, shall have his/her eligibility determined solely on the basis of need. All subsequent applications within six (6) months shall be considered in accordance with these guidelines. _ 5.9.1 Right to Apply. Any person has the right to apply for general assistance. An individual may do so by appearing in person before a caseworker and expressing a desire to receive general assistance and by completing a written application and other forms as may be required by 85-98 Ch. , Art. 21 n the public welfare Director. If an individual is incapacitated, applicatim nay he vede through a duly authorized representative. In any case when an applfrant is unable, due So illness, disability, lack of transportation, lack of child care or other good rause, to apply in pecan £m assistmtte or uhahle w appoint a duly auth- crizad repxeseptative, the c orkei shall acs pt an application by teles sub]act to verification by veil and a visit to the applicant's here with the eensent of the applicant. If Lena ap- plicant fails to give such consent, assistance will be daued. 5.4.2 Casexerker'e Resoonsibillties at Tine of Awlicatdm. men - _ ration is nada for general assistance, the caseworker shall . inform the applicant of: - - a. ne Standards of eligibility for general assistance in the city of s gcr: b. 14te applicant's right .w review and the nature of the review process: - . -Ihs applicant's responsibility for reporting all facts netexial to a prwer determination of eligibility arca the penalties for false ro^re�tatimon . It will be i - pressed upon the applirant�that it is unlawful for any applicant or recipient to ImwinglY and willfully make a false written representation to the casenrker in order to receive general assistance (See 22 MYSA.54315) and that such false rep statim is a Class a crime and nay, npun'wcittm notice, result in a sixty (60) day disqual- ificatim; All atims of fraud and abuse made by amub- bers of itis p 1'c me =11 a IMLW during r woz ug !1- : a.misa p.m. d. ' joint responsibility of the casemrksr and the ap- plicant for emplorireg facts aamexning eligibility, needs and resa;rces, and the applicant's reapmsibilfty for pre- senting rapids or dmsrmts in his/her possession or nastily. available to him/ber to support his/nar statrrents. e. the kids of verification needed; - f. Me fact that an investigation will be undertaken by the Welfare Department as to the applicant's incmre, re Cas, and assets. That such an investigatim may include an anrc head bare visit node during regular working hours; g. One applicant's responsibilities for notifying the case- wir er of any change in circumstances that will affect his/her eligibility. h.. My other program of assistance or s ice of which the rase.,arker my be aware or which the applicant nay avail himslf/hersel£ in addition to or in lieu of receiving general assistance; 85�8 Ch, 11; Art. 21 B See. 5(5.4.2)(1.)-(5,4.4)(a) f. The City of Bangor's rights and remedies for the reimbursement from the applicant's relatives pursuant. to MRSA §4319. - 7. The applicant's personal responsibilities for reimburse- ment to the City of Bangor under 22 MRSA §4318. 5.4.3 Emergency Benefits Prior to Full Verification. Whenever an applicant for . general assistance states to the caseworker that he/she is In need of immediate assistance to meet basic necessities, .. the caseworker shall, pending verification, issue to the applicant, within 24 hours of the application, sufficient - benefits to provide the basic necessities needed immediately by the applicant, provided that the following conditions are met. 1. Probability of eligibility for assistance after full verification. As a result of the initial interview with the applicant, -the casewcrker.shall have determined that the applicant will probably be eligible for assistance after full verification is completed. - 2. Documentation. Where possible, the applicant shall Submit to the caseworker at the time of the initial in-. terview, adequate documentation to verify that there is a need for immediate assistance. 3. Information obtained. When adequate documentation is . not available at the time of the initial application, the caseworker may contact at least one other person for the purpose of obtaining information to confirm the applicant's statements about his/her need for immediate assistance. 4. Lmitations. In no case: A. May the authorization of benefits .under this exceed thirty (38) days; B. May there be further authorization of benefits to the applicant until there has been full verification confirming the applicant's eligibility. 5.4.4 Temporary Refusal Accept Application. Under special circumstances the Department may refuse to accept applications. Such cir- cumstances shall include, but are not limited to, the '\ following; \1 a. Cases where the applicant's conduct is abusive and disruptive or in rases where the applicant is under the influence of alcohol or drugs. The applicant may be - required to leave. If he or she refuses to leave, the Police may be summoned. The applicant will be informed that an application will be taken when the particular cir- cumstances are no longer present. Cn. 11; Art. 21 85-27% Sec. 5(5.4.41(6)-0.8)(d) b. Cases where a Mind person desired m make applica i for assistance on behalf of the applimnt. The persm will be requested m pr wide written v ificafion that they have been authorized m act as relsesentative for the applicant. 5.5 Responsibilities of Each Applicast and Recipient. Eath a limnt and . recipient has a res SiMlity at the time of amlicatign and �ntinuing thereafter; a. m provide accurate, m lete and ou-rent ixnfornetim camrn" =—his/her needs, reswrces and -assets, and the xfnereabouts and of resp ible relatives. Assistance my be .]eked w teaninated if the applicant/recipient is u 1ixg m supply Me necessary. �oraetfm � permfssfm w sake collateral mptacis; 'b. m notify the r sewfker whet; a dwge in his/her needs, resQsceB and assets will affect eligibility for gmaal assistance c. to aWly fw.and utilize any War available benefits o resmrcos Mat will reduce or eliminate the +reel f= g al assistance; d. m reimburse the City for the costs of assistance antad in Me avmt he/she � of sufficient aUlity to pay tM same. Qty may emyeY full aaomrt expelled for assistance ei� tun�evsl or fran any persm a for P-, iaR-s sup =, � =s or aasu stramr5, In a clan)— actlm. A xp case se the Cit be author to recover c h a clya actrm, m or part, the ammnt w assyst- ama Ora prevrws y elig PP son. t rasa t o7�t re- p YHaM of Mat sff a ,flus per�rn l ty, aaam bacirm eligible for general assistance. a. m use all amies availaUe to himv a fm n essities first before requesting gemral assistance w purchasing lux itans. 5.6 ae Wnitim of Dignity and Rights. Any iKtial int iew or any later .. _ - proceed s, including aty imres- tigatim of the applicant's eligibility, stall be =iuc in a waM that will not violate the privary, p nal dignity m individual rights of eitkw_r the ^.=a orkez o[ Me' client ard/m his family and iRrsoal acquaintances. 5.7 Pntims m Amlicatim. wless an aMlicatim is withdrawn, me rase- - wrker unst sake a d isim wncerndng the ap- -plic is eligibility a if eligible mmmce fumisbing relief within twant-four (24) tours after the date of suhnissim of signed ani m pleted application together with all otffi fog¢ required by the Public Welfare Director. 5.8 WiMdrmal. An applicatim is =sid rel withdrawn if: a. tlhe casexorker is moble the interview, i if the aolim refuses m cooperate with tM casermrker; or b. the applic dies before general assistance is famished; o[ c. the applicant avails hdmself of another service which makes him fe ligible under these V»i mes, or d. the applim reNests, in writing, Mat his awlimtim to with- . drawn; or Ch. II; An. 21 85-218 Sec. S(S.2)(e)-(5.10)(5) to e. the applicant falls to complete or sign the application or any other form required by the Public Welfare Director. 5.9 Redetermination of Eligibility. The application form Will show the duration of the limited periods of entitlement. Written notice of termination or suspension of benefits with opportunity for hearing will be given should a decision be made to discontinue assistance during this limited period of entitlement. If a hearing is requested within the established time limit, assistance will continue pending a decision from the hearing authority. At no time will such an extension of benefits outlast the original certifies- - tion period. 5.10 Eligibility Rules and Regulations. The following measures are to be employed by the caseworker upon receipt of the written application in determining eligibility to receive assistance from the City of Bangor. A. Age. Age shall be a factor in determining eligibility for general assistance. No person under the age of eighteen (18) is eligible unless: a. emancipated by marriage; or b. emancipated by the death of both parents and ineligible for foster care; or c, he/she is a member of a household otherwise qualified under these guidelines. B. Residence. Residence is a factor in determining whether the City of Bangor is responsiblefor providing assistance.. to an individual. The city has a statutory duty to give assistance to residents (see definition) of the city who are In need. Assistance will be given to eligible persons who apply for assistance and who are neither residents of the city nor of any .other municipality. When the City of Bangor assists a recipient to relocate, at the recipient's request, in another municipality the city will con- tinue to be responsible for the support of said recipient for thirty (30) days after relocation. An applicant who is in a group home, shelter, rehabilitation center, nursing home, hospital or other institution at the time of application and who has either been In that institution for six (6) months or less or has a residence which he/she has maintained and to which he/she intends to return shall remain the responsibility of the municipality where the applicant was a resident Immediately prior to entering the institution. If a resident of another municipality falls into distress in the City of Bangor emergency assistance may be given to that individual on behalf of the responsible municipality provided that the administration in that municipality had given prior approval and has agreed to reimburse the City of Bangor for the assistance provided. 85-2J8 G. II; Art. 21 it Liauid Assets. M personowningassets easily avertible into mash bax3s. certificai=iudia , but rot lisit to bank deposits, stocks. eposit, of ouwr varketable security, w life insurance -with a cash surxe,der value, will be eligible for assistance.- In those cases Mere the nay for relief is deterniina3 to ssc the cash valve of such liquid assets sssfstance nay be granted for any remxfti g dif£ereua:. D. TB ible Assets. No person oumbg tangible assets other Nan . tools of trade M ordinary hw ]told goys Mich are easily mnvertsl into cash iirlud W, but not limited to mlw television, re¢eation.+minicies, ;rotorcyyss, h atr, nmrnrs, or autmobiles wiir.;., the lisutations provided in Suffiectim (a) belw shall be eligible for assistance. a.- nb t son wmiN as autaiMile shall he eligible for assist- - am e. ewmv¢, the ownerehfp of one autorc>yile older t value of $1.000.60 by an applicant or a dependent will r sake the applicant ineligible for assistance in tM a sit- ' uationa w e the autambile is essential in «yes employment or necessary Tp obtain me mi Lreatmmt. b. M applicant or recipient is allore6 p?rsonal prcp ty ret .. inmdiately metre title to rash wi equ£ty value rot in excess of $500.60.. An applicant ce recipienR with a:e or Imre dependents is sllo perswal property not ismsiis zfy convertible to cash with equity value not in excess of $1,000.00. E. Citizen p. A person must be a citizen of the utite9 Slates or a lawfully ar ttsl alien to be eligible for assistance. Applicants who are reitlmr citizens nor lawfully admitted sit will be mfr to the 9nitsd States 0epsr t of Immigration for appropriate action. F. My applicant or recipient mat make a gwd faith effort to secure any potential rms e which may be available including but not limited to my state or federal assistanroe progrmm; alplajmant I e£its; govern natal/or private pension programs: available trust sugmort fran legally liable relatives; child support �yvents; jointly held resources Mere the applicant or recipient sham My be available W the iy victual, rte. Assistanes stall not be withheld pending receipt of such resource as 1w as application los been resale or geed fs,N effort is being made M secure the resource. Ae ied£vidual applyiN for M receivi;g assistance due to a disability must sake a good faiN effort to make use of any Mlical and/or rehabilitative msourcas that may be rsm iv by a physician and wlurli aze available wittrout financial burden nch weld =rot romstitute futther physical risk to the du al. 85-2Y8 Ch.ll; Art. ) ( Sec. 5 (5.10) (F) -(I) 12 Any applicant who refuses to utilize available resources without just rause, after receiving a written seven-day notice, shall be disqualified from receiving assistance until they have made -a good faith effort to secure the resource. Am applicant who forfeits receipt of or causes reduction In benefits from another public assistance program because of a finding of fraud, committed by the applicant within the 6D days prior to his application far assistance, is not eligible to receive general assistance to replace the forfeited assistance for a period of 60 days from the data of application for general assistance, except in the case of initial appli- cations. Not withstanding the disqualification of any individual under this section, assistance shall be granted to Other eligible individuals in the disqualified Individual's household. G. Insurance. No person owning any type of insurance shall be eligible for assistance except if permitted by these Guidelines. Any application for assistance will not be denied where insurance is available to the applicant or his dependent on a non-contributory basis. or the extent Minimum automobile liability coverage is required as a condition of employment or needed to retain employment. H. Real Properro. No person owning real property shall be eligible for assistance except as follows: a. The Public Welfare Department may provide assistance upon receipt of the initial application to persons owning real estate other than. their home in cases of emergency. However, continued eligibility for any type of assistance will depend upon the applicant making a reasonable effort to dispose of such real property at a fair market value. b. Where the applicant owns real property in which be/she makes his/her home he/she shall be eligible to receive assistance provided that the cost of mortgage payments, taxes, and insurance do not exceed the amounts available for housing under these Guidelines. C. When the City spends general assistance funs to provide mortgage payments to an eligible person under these guide- lines, alien may be placed upon that property for the amount of mortgage assistance given. Such a lien will not be claimed until the death of the recipient or the transfer of said property. Any recipient receiving assistance with a mortgage payment will receive written notification of these conditions. _ Employment. Unless exempted herein, every person receiving assistance under this Ordinance shall actively seek and accept gainful employment. For purposes of this Ordinance -gainful employment" shall mean any available employment within the recipient's skills and abilities resulting 85-2Y ch. n; Art. 21 _ 13 Sec. in the maximum possible income for the recipient. Such efforts shall include, but not be limited to, registration with the Maine Employment Security Commission, diligent solicitation of available lob opeNngs and making oneself available for work at all times during the night or day. The requirements of this Ordinance shall also apply to every member of the recipient's household, unless specifically exempted. Theonly persons who shall be exempted from this requirement shall be; - a. dependent minor children; b, persons over the age of 65; c. persons who by reason of illness or disability are unable to perform any type of work; -d, persons .whose presence is required in the home in order to provide care for a dependent child under the age of 6 years or for any flYor disabled member of the household; and .. e. 18 years of age and older who are regularly participating in a vocational training or primary or secondary educational program which would assist the individual in securing employment. Any person claiming to be exempt from seeking or accepting employment becauseof illness or disability may be required by the Welfare Department to be examined by a qualified physician at the Department's expense. Reimbursement for these services shall be at current Medicaid rates. Applicants and recipients are Ineligible for assistance for 6D days if they: - 1) quit work afteran irrftfal airritfal a o�lir_a�tim arch f _ 2) refuse to seor employment; 3) refuse to register for work; - 4) refuse to accept a suitable job offer under this section; 5) willfully fail to perform or perform below average standards the lob assignment for the municipality under this section or 6) refuse to particlpate in a training or educational program which would assist them.in securing employ- ment; and 7)_ they do not have just cause for their action. This person may become eligible during this period of time if he/she becomes employed or otherwise satisfies the require- ment of this section for which he/she was disqualified, In no case may the requirement to search for work or participate in a work or training program interfere with: _4 14 ('n. r2; Art. 21 Sec. 5(5.10)Q) -IJ) (7 ) 1) existing gainful eplopn or pavticipatia in a vocational training or prinary or secondary educational program which would assist the individual in securing oploynant; or 2) the individual's ability to follow-up on a baa fide job offer. 3) attendance at an interview for possible erploynent. 4)r tie in a educational am intended to lead to a high school dipl ; or 5) ipaticn in a th am which is either or determined, or both, by the Department of Sabot to be reas- ocebly expectal to assist the inaividual in securing enploynent. . This rices not include cifation in ee ant ing pr am, euept when that progrm is un3 the Job 1 ainina Partnership Act or the Welfare ➢nplorymnt Education and Training P J. Work Re uixarent. All persons othexon.se eligible for general-as- sistanoe under Uais ordinance nay be required to perform wurk for the City of Bangor or to participate in a training or educational program which would assist him/her an securing em- plornrent as a oo dition of receiving such assistance. Any such work raquixa shall be subject to the provisions of 22 MRSA 4316(4) as codified by the follaving: 1. The work requirerents of this Ordinance shall be un3 the direction of the welfare Director, who shall be authorized to issue such a Lninustrative direttives as my be necessary frau tine to tore to insure the proper ivplovntatia of the work recpxfr®ent program. 2. An otherwise eligible person who refuses a suitable job offer from Una City of & ngor under this Ordinance without just cause shall be ineligible for general assistance for a period of sixty (60) days. Refusal to accept a suitable job offex stall include: (a) failure to report for work; (b) leaving work without Permission fro, the worker's supervisor before the work period has edai; and (c) failure to perform work as directed. 3. In no case shall eligible persons performing work and this Ord- inance rs�lace regul r=cipal employees. 4. No parses shall, as a condition of general assistance eligibility, be required to do any emowt of work that exceeds rite value of the rat general assistance that person would otherwise receive under municipal general assistance standards. Any person performug woik under this Ordinance shall be provided with net general as- sistance the value of which is name] at a rate of at least the state's considered wage. determining related to the work pexfonmed stall be losing red in dere :�;n; the amount of net general as- sistance being prwiasa. S. Work p fon under this ordinance shall not interfere with the elm ibis s (a) ev 1 t; (b) abili to follow up on a. baa fide nob offer; (c) a= at nob rote iws, (d) r tion in a r or s educational intend- ed toleadto a high schpol diplara; or (e) mrticip tia in a trairim pramiam wtdch is either approval or deteuninea, or both, by the t a labor to be reasoabl ed to assist the individual in securing enploygent. This paragraph does not 85-278 15 include 'Ci tion in a tin [ , ex W11e11 that prQ. = is W the A T[a]nllla Partne[$hlp AC[ or the Vle1£are hmployment Fdumtinn soU Training Pr =.. 6. An eligible person with an imreddate nesd shall not be required W perform work under itis Ordinance prior W receiving general assistance. 7. Failure of an oHwxwise eligible p smn to accept a suitable job .. offer and this subtion shall not affect the general assistance engfbility.o£ any mfr of the. person's Msehold W is cspsble of working, to wit: (a) a depenomt minor child; (b) s elderly, ill or disabled person; and (c) a person Worse presence is re- @sired In the haredo order to provide care for a dependent ddld -' index the age of 6 yadrs or for any ill or disabled meol>er of the hwsehold. S. General assistance. xecip:o.r= required to perform work for the - City of san o under this Orddnance Will cas�lete and execute such forms as my be reduired by the welfare Director for par-- . - - poses of aAniafst ing the w k re(uirenent program. All forms x111 to read to da recipient to insure �lete understanding of the Coditios under which the general assistance is to be - gxan[ed. ' work order form will detail the aaou of time the recipient is expected to work, the deparhrent to W Ch hs or she is assigned, and the date, T:m= and work location to Mich he or she is to report. bkpenses related to work performed ands this tion by an eli- gible person stall be considered do determining the ancon of net general assistanoe to be orovfded to the Gerson. K. Utility Deposits -rental Deposits -Hack Bills. M funds shall be ex- pended by the Welfare Pop romst for my Fovn of deposit. Assistance is not available to rav a bill for a basic necessity Wren that bill is sore then 2 oonths old and the person requestinc assist- ance had sufficient inmre, money, assets or other resources available to pay for the basic necessity when the bill Was received. The Gerson requesting the assistance shall be xeauired to provide evidence of income for the applicable trope period. At the discretion of the derxr�ent tM current bill sv be guar teed do prevent s eviction or a uti itv shutoff. L. Hotel ]baps. No welfare ftmds shall pe e3q v for for hotel [oaas ,. Mere the costs exceed our rstsl allOWso0s. Hoxoer, an exception would be Mere no shelter facilities are availsble. hL verification Rewire]. it is the responsibility of Ne individual requesting assistance to provide erov h in - foetation to verify that they are eligible. This verification may include but not be listed to wage staterents, receipts for house- hold expenditures, etc. 85-2]8 16 The caseorker MY seek the facts necessary N establish eli- gibility £ran smrces other than tLe applicant if the applica has been unable to provide necessary verifiraticn. S a - tacts will be made only after the applicant has been given witten notice that if he/she does rot provide tlne dmimentary v ficatim within one (1) reek of the application surly ar�Tacts Will be reds. Hare vis!" may be made £n order to ifv inf-tiumlied by the c11er at ih m f 1' tion "Ients will be n Iii d at the tame doW Catim flat such a vis' ibl will be mmduoted dur (M -B' 8 a.m.-4'J0 p.m. ). Any amlicant M" refuses to allow a ]nae visit 11 be .denied assistance under this sect£m mtil su as visit is allaed When available £nfomatim is do lus£ve m cmflicty regarding a fact of is material and nea:ssary to deteo a eligibility, the amlicant- 1 be advised m to what .n.o ions re(ehl. N be ems£derel �lusive on mrSlitting, tl:e irnformatim on theap- plication must be dncrosistent With statments meds by the applicant, fmmmist with o infomu tion m Ne applicatim m previous amlicatims, m incvgsisteM with inf=ation received by the-casa- wr £ran other smrcas. Assistara:e prey be denied or Nndratad if the applic is urcwillirg N wupply the rasttorker With nets sary verification m permission to meke mllateral oontac[s or if the _ case k cannot detemxnne that eligibility eutists after contact with the applicant or the applicant's mllateral ountacta. N. Arpl£cant's Own tltids. F Sorml financial resmrms shall be osed t4 Mat current ca uses before req estfrg assistance. 5.11 r«a: Formol -El' ib'1't� f�Zmvirarent The laws of the State of Maine e, is all _. cipal£t£m assist ilwse persons, otherwise eligible, in rases where they are in distress ani fn teed of equally assistance. in order to treat all_aE , asse fairly and equally and to discourage fr£volms use of in 11 b assets, Wal other available resources, the following formals will be used by the caseworker in cwaiderirg the applicant's eligibility. •A = Basic Total Requirerents m Basic Maintenance Coats as determined under this Ordie fm food, cloth£ng, persorel =a, and other £amilY mnswptives, but e=ludir housing mats. B = Actual mst of housing, up to the saz amamt allwed for the same under Nis Ordinanxe. C = I=ve N =Nest deficit Ivdi9enay Rormula: (A + B) - C = O ' available assistance camputel under the indigency formrla will be appliai to those areas in which the household is in aost'deal. Such deternunatio>.s will, be made by means of a clietK-caseorker canferenre during which all available alternatives and resources will be explored. All stardere of need determinations for general assistance will be onpuffora period to not esammul by the 0) days. F Stxtm certificationsomu periods my rot exceed all ez 130) days. For purposes of this formula, s less will eductie all earned inaame arae plus ince from other sources less all boenty(20 for liquid assets and line undated tangible assets. A twenty (20) percent dedthe applicant will be M& frau net earned nses (ranspoer to amq necae the applicant for work related expenses ltranspo[tatroas clay core, etc.) In de- ternnvrim need. [he mricd of time used as a basis for the the -culation shall to a 3Aday pe=iorl cvmeneLp on the date of the awiloation. '1Pie-consideration .shall nom[. dispualifv W. applicant and has exhausted his irvrne to purchase necessities provided that ore does not exceed the inure standards established by the m radipality. A. F Income. Inde in casb or in land earned by tine ape . plicent or ecipient or members of his household through wages, salary, crnmissions, or profit, ,dMber ssff�loyed or as an -epulcyee.- Rental income and profits from products sold are this category. with respect to total profit is arrived at by subtracting business experees fran grass income. ' Wren inure taxes, social security, aha other payroll deductions as re;uvrai by state, federal, or local law, are da ctal. wages that ars trusted, or inane similarly unavailable to the ap- plica t or his depadeuts w 11 not be considered. H. W.rne Fran Spouse - Suumort Frain .Falatiyes. I£ husband and wife are Loth eiployed, income actually available to the applicant or re- .:...cipient azul dependents are to be include]. �tributiorns fran relatives will to considered as incore only if actually receival by the applicant or recipient. C. Iluame Ptd Cthei Assfstarce or Social Insurance Programs. State categorical benefits, SSI payments, Social Security benefits, V be Sits, Memployvent Insurance Benefits and payrmnts fon other grwenmanfal or private sources will to considered as inane unless specifically pmhibitei by any law or reg- ulation. Any applicant wdno forfeits receipt of or causes ralucticn in benefits from another public assistance program because of fraud, misrepresentation or a knowing intentional violation of - program rules o=i.tted by the applicant within sixty (60) days prier to his/her application for assistance, is not eligible to receive general asistance to replace tt forfeitel assistance for a period of sixty(60) days from the date of application for general assistance except as provid for initial applications. - D. Court ordered Sum rt Payments. Almay and child support payments will be considered fare only if it is actually received by the applicant or recipient. E. Intone From Other Sources. Incas from any source will to considered if it is intended for use by any center of tte household, related or unrelattal, and is actually available to the applicant. F. Farnions of a Child, the earnings of any child under the age of eighteen (18) years who is a full time student and who is not working full tine will. rot be considered as income under these guidelines. G. Retroactive Benefits. Any funds received as a lump sum for retroactive benefits, back payments, insurance settlarents• etc. shall open receipt, be"mnsidarad as part of hwsehold inose €er the purpose of continuing eligibility. The amen received; if in caress of $150, shall be divided into three (3) equal parts to be included in the hour Sold income as if each third was received on the first day of three consecutive maths fcllc ring such receipt. H. Excludable Income. For purposes of this definition, re- location payments under 9overm'enntal bObsing program, the beaus value of food stamps,. earnings of children under age 14, and the mnetarg value a products from home gardening shall not be imluded. I. Potential income. Potentialinterneis defined as incae that could be received by the applicant if action were taken to obtain it, e.g.; Social Security, VRark- mm's Coopeasation, OnemInoyment Compensation, AFa, SSI, etc. J. Treabnant of All Other Income. The full value of all income, not defineai as earned income, whether in kind cr in cash, which is actually available for use in fire household will be considered in determining area under the indigeacy fertile. F. Agreaent for Rousing. If an individual or family has pro- vided living acco violation to a person or family, standard general assistance my not dup- licate this service. L. Living in the Household of Another. wnen an application is received fron an indi- vidual or fatily that is living in the household of another, mergency assistance MY be granted with itare other than Musing costs. In order for assistance to be granted with Masing-related expenses it is necessary for ceitificatron to be made of the entire household. M. Other Unrelated Person Lfviio In the Hare. Wren any other vdfvidual is living in the applicant's has=, certification must be made Of the entire household ant the inmre and assets of all suss of the household which are actually available to the applicant counts] in dateradming eligibility. Man it can be determihsi by the caseworker that unrelated individuals residing fn the same hosetold are sharing ex - Forms equally and have no responsibility fon each other's welfare, the applicant will be treated as a free standing household. N. E.tigibility. An applicant's eligibility will be based on his/hs total income and on the basic total requirements of his/her household as established 5n these guidelines.There will be no automatic eligibility. All applicants must complete the application process. To be eligible for aid under the Oelar4rent`s Brassard of Need provisions, the household must have an i.noam at or below 808 of the 1981 Camnmity Service Association (C.S.A.) . Gludelirres.. 5.12 Basic Total Requirements' or Basic Maintenance Costs. A bud- geted amount for food, clothing, oersonal care, and other family nsumotives. To this amount is added a housing allowance. The following chart represents 708 of the Current National Poverty Guidelines. NUMBER OF PERSONS IN THE HOUSEHOLD (1 (2) (3) (4) (5) (6)- (7) (8) Food 106 160 214 267 320 375 428 481 Household Personal Clothing Housing 200 251 302 354 406 456 508 560 70% of Need 306 411 516 621 726 831 936 1,041 5.13 Amount of Assistance. The basis of eligiblity for assistance from the Bangor -welfare Department is that the applicant/applicants have a need under the Standard Of Need Deficit. Such determination shall be made by use of an indigency formula. Eligibility under all other emergency provisions shall be determined by these regulations and the case record shall specify the section under which assistance is provided. 85-278 20 Nothwithstanding the above sections it is not intended that Bangor Welfare urogram be other than to satisfy the specific emergency need of a recipient for a snecified period of time. Assistance granted will be on .the basis that there is no available resource. Verification of i and expenditure will be required to establish that there is no available resource and the caseworker may authorize assistance 'up to the limits established under the indigency formula to meet the individual or household needs where it is determined the applicant or .applicants are destitute. Vouchers may be issued to purchase necessary food. Such vouchers may be issued in any amount not exceeding the weekly food allowance stated in these Guidelines. Such vouchers are intended for the purchase of foods high in nutritional value and may not includedeli items and soda (unless specifically listed on the voucher), candy, potato chips and similar snack items, beer, wine and novelty items. Number in Household Maximum Food Order (Weekly Basis) $19-89 $22.00 24:99 33.00 36790 44.00 45.-99 55.00 54-9e 66.00 63ee9 77.00 44799 88.00 91799 99.00 Vouchers may be issued to purchase household and personal items, including, but not limited to brooms, soap, detergent, toilet paper, toothpaste, disposable diapers, etc. Personal case items for household and personal items shall be computed in accordance with the following schedule. HOUSEHOLD AND PERSONAL ITEMS Number in Household Maximum Monthly Allowance 2 $12.00 3-5 16.00 6-8'. 20.00 In addition to food, household and personal items, medical, dental and eye services, clothing and burial expenses may be provided if absolutely necessary. Medical, dental and eye services will be provided on an emergency basis. Except i unique situations approved by the Public Welfare Director` the caseworker will not approve dental expenses other than teeth extractions. 85-278 21 The caseworker may assist the applicant or recipient and his family in the purchase of adequate clothing. In most circumstances, clothing will be a postponable item. Exceptions to this maxim may arise in the event that school clothes are needed in the fall; where fire o other crisis has destroyed the applicant ofrecipient's clothing, where unusually cold weather makes extra clothing an immediate necessity; or if special clothes a needed for the applicant's employment. Before assistancwill. be made for clothing, the caseworker must be satisfied that the applicant has taken maximum advantage of all church and civic organizations or other resources in the community that make low .cost or free clothinq available. Bow. It is the individual client's resDonsibility to find adequate housing, axcept i cases of emergency, when the caseworker may help arrange temporary shelter. The Welfare Department will not become involved in the re landlord/tenant o mortgage relationship. The recipient should be advised to obtain housing that will be within his/her ability to pay before further housing assistance will be rendered. When the caseworker determines that it will be necessary to give funds to meet any or all of a client's housing payment, the amount will be actual rent/mortgage paid by the client, if the amount to be paid is reasonable and in accordance with limitation set in these guidelines. When necessary assistance may also be given with utilities and heating fuel. Heating fuel will not be considered a necessary expenditures from May 15th to October lst, except in cases of unusually severe weather or when the client's hot water is heated off the furnace. a. II, Article 21 Sec. 5(5.13) -(5.14)(A -B) 5.14Assistan_ cel, There are two (2) categories of assistance which are administered by the Bangor Welfare Department under the General Assistance Program: Standard of Need Deficit (Section 5.I9 and Emergency Assistance (Section 5.14B -M.) A. Standard of Need Deficit. This is the only category in which income is a factor. In order to receive assistance under this Seaton the applicant must be maintaining their own household, bave a need deficit under the indigency formula, and satisfy all other eligibility rules and regulations set forth In these Guidelines. Applications hot assistance -under this section mustbe processed within 24 hours of the date of application. De- cisions shall be communicated in writing setting forth the reason(s) for the decision. if the applicant is found eligible, assistance shall he furnished within 24 hours of the date of sub- mission of the application. B. Emergency Shelter. The Bangor Welfare Department is authorized to provide temporary shelter for persons who, by reason of special emergency, are stranded, homeless or victims of family violence. The length of time authorized in the shelter shall not exceed thirty (30) days. An extension may be granted if circumstances warrant. Such cir- cumstances - cumstances may include, but shall not be limited to, delay in application for categorical assistance, loss or delay of monthly benefit check, etc. Individuals will be eligible for admission to shelter once in any twelve (12) months. Exception to this rule may be made where verifiable circumstances warrant. In determining eligibility for this service priority will be given Bangor residents. Individuals and families who by definition (Seo 22 MRSA, Section 4307) are residents of an- other municipality may be admitted to the Shelter. However, such admissions may only be granted in those situations where the authorized representatives of the other municipality agree to pay for the actual costs of welfare to be provided by the Welfare Department, plus a daily fee based upon a rate established by the Welfare Department for occupancy in the shelter. Ch. H; Art. 21 85-218 Bee. 5(6.14)(C) -(H) 23 ' C. Transients. Individuals who fall into distress within the City of Bangor while traveling may be granted temporary - assistance with food and shelter, either through the Welfare Department or by referral to a private agency. D. Transportation., Assistance may be granted to atransient or stranded individual who either wishes to return his/her point of originorwho wishes to relocate in another area. E. Catastrophes. Individuals placed in need of immediate assistance through unforseeable circumstances such as, fires, floods, and hurricanes, may receive emergency. assistance to meet their immediate needs. Such assistance will only be in the form of food and shelter. ' F. Emergency Hospitalization. At times it may become necessary forthe Bangor Welfare Department to assume responsibility for hospital costs for eligible persons. In order for such assistance to be granted it will be necessary: 1. For an application to be completed by the applicant or his/her duly authorized representative; 2. For the hospital to notify the Director by telephone, con- firmed - firmed by certified mail, within three (3) business days' of the applicant's admission; 3. For the hospital to verify in writing that all Hill -Burton and/or other endowment funds designated for the care of the poor have been exhausted. All services rendered must be itemized and will be reimbursed at current Medicaid rates. G. Excessive Income. For various reasons, It might be necessary to assist a person or family even though their monthly Income is in excess of total requirements. Reasons for this might include loss of a check, delay in mail of receiving a check or the person may have spent all their in- come, placing themselves or their family in immediate need. In these situations, either basic necessities, or food and shelter may be provided. However, before Emergency Assistance is given to persons having excessive income, they must agree to reimburse the city for assistance rendered. H. Minor Children. At times it might be necessary for the Welfare Department to assist minor children whose needs are not being met due to parental neglect or misuse of household income. Reasons for this might include, but shall not be limited to: 1. Disqualification of the head of the household for quiting employment, failing to register for employment or refusing to participate in the workfare program; Ch. n; An. 21 e5 -2J6 Sec. S(5.14)(H)-(M) 24 2. Failure of a responsible relative to provide necessary support. I. Excessive Assets. An Individual or family may be assisted even though they have excessive assets if immediate need an be established. Continuing assistance will be caaingart upon the applicant making a good faith effort to convert the assets into available funds to off -set any assistance that might be necessary. 7. Burial. The Welfare Department shall provide for proper burial of indigent persons providing that the total burial costs do not exceed $650 and it is determined that the burial costs cannot be paid in total, or to part, from any other source' including responsible relatives or from the estate of the - deceased. The Welfare Department: will apply all montes available from other sources toward the Ictal burial costs. The allowance far burials under these guidleines shall include - the undertaker's services, clergy, personal attendants, casket; vault box, linephearse and obituary. The expense of opening avid closing the grave will be considered an additional cost to be paid directly to the cemetery. The additional cost of a graveside service will not be considered a covered expense under these guidelines. The Welfare Department shall not pay for burials in lots outside of the City or for single size lots. How - any person qualifying for assistance under this section may be buried in a lot provided by the City for such purposes. _ The Welfare Department shall not be obliged to pay for any burial expenses provided If the Director has not approved such expenses prior to their delivery. K. Emeroencv Assistance to a Disabled Adult. Emergency assistance may be provided to those single adults who are in need due to physical and/or psychological disability. A person shall be considered disabled If he/she is unable to copses in any substantial, gainful activity, due to a medically verifiable physical and/or. psychological impairment. Any person who has refused medical and/or rehabilitative resources recommended by a physican which are available without financial burden and which would not constitute fur- ther physical risk to the individual will not be considered eligible under this section. L. Over-SuoDlementation of Total Recuirements. For various reasons, it might be necessary to assist an individual or family in excess of the need of deficit computed under the indigency, formula. Such assistance will be granted only for food, fuel, and household items. When a client is over -supplemented, he/she will be given a termination notice. M. Other Necessary Expenses. Under this section assistance that is absolutely necessary and cannot be obtained from any other source may be provided. Assistance granted under this section shall not exceed amounts listed in the basic total requirement charts. Ch. lf; Art. 21 85-22 See. 5(5.14)(M)-(5.15) a Assistance may be provided to parts of a household under this section. Under no circumstances will assistance be granted to parts of a household residing with a responsible relative who has sufficient ability to support. 5.15 Review Procedure 5.15.1 Richt to Review. Any applicant/recipient aggrieved by a decision, act, failure to act or delay in action concerning his/her application for general assistance under these Guidelines shall have the right to appeal. If a person's application has been approved there shall be no revocation of general assistance during the period of entitlement until that applicant/recipient has been provided notice and an opportunity for hearing. +533.2 Initiation of Anneal. To initiate the right to an appeal, the aggrieved person shall file a written request, for the same with the Welfare Director within five (5) working days from the earliest occurrence of one of the following events: 1. Expiration of 29 hours from the time said Person applies for general assistance. 2. Receipt of a notice of decision adverse to the applicant. The written request for an appeal must include the following information: 1. The decision, act, failure to act or delay in action for which an appeal is sought; 2. The reasons for the aggrieved person's dissatisfaction and the circumstances he/she .. believes entitle him/her to a different result; and 3. The relief sought by the aggrieved person. 5.15.3 Interim Review by Welfare Director.. Upon receipt of a written request for an appeal, the Welfare .Director shall schedule a conference with the aggrieved person and the caseworker involved, at which conference both Persons shall have full opportunity to present their positions on the case. The Director's re- view shall be conducted informally in a manner respectful of the rights and dignity of all involved. Witnesses may be called and evidence may be presented at the conference. Subsequent to the conference, the Director shall inform the caseworker and the aggrieved person of his/her decision in writing.. The Director's decision shall be limited to a determination as to (1) whether the caseworker's decision has been made in accordance with these guidelines and pertinent state statutes and (2) whether the aggrieved person may receive emergency assistance as provided in these guidelines. At no time shall the Director conduct a review of any case in which he/she was directly responsible-for the disputed action. *Amended October 12, 1983 - Effective October 22, 1983 - G.O. 83-330 Ch. H; An. 21 s5-316 M Sec. a The Welfare Director shall endeavor to conduct his/her review as expeditiously as possible to facilitate the fair hearing before the fair hearing officers. The Director may not deny or dismiss a request for a fair hearing unless It has been expressly withdrawn by the aggrieved person or unless the relief sought was granted to said person by - the Director subsequent to the filing of a written request for an appeal. 5.14.4 Time for Fair Hearin. Pursuant to the requirements of 22 M.R.S,A. p 4322, the requested hearing shall be held by the fair hearing officer(s) within seven (y) working days following the receipt of the written request for an appeal. The scheduling of the hearing shall - take into consideration the convenience and needs of all concerned. The Director shall inform the aggrieved person _ - nt the review procedure and the date, time, and place of the fair hearing. - 5.15.5 Fair Hearing Officers. All appeals under these guidelines shall be heard by fair hearing officers, who shall consist of a Eve (5) member committee of the Bangor City Council established for such purposes. A majority of the members of said committee shall constitute a quorum for the transaction of business, but a smaller number may adjourn a meeting from one time to another. - 5.15.6 Conduct of Hearin. All reviews by the Council Committee will be conducted in accordance with the following: 1. The preceeding will be conducted privately and open only to: -a . the aggrieved person, witnesses and legal counsel. b. the Public Welfare Director and his/her case- workers, the City Manager, witnesses, member of the City Council, other than Committee - members, and legal counsel. 2. The proceeding will be conducted informally, without - technical rules of evidence, but subject to the re- quirements of due process. 3. The review will be opened with a presentation of issues by the Committee Chairman. 4. After the presentation of issues the aggrieved person shall present his/her position with the aid of legal counsel, and/or witnesses. 5. The Public Welfare Director and/or his/her caseworkers' shall then present the position of the Welfare Depart - Mont with the aid of legal counsel or witnesses.' 6. All participants shall be given an opportunity to: a. present oral or written testimony or documentary evidence; b. offer rebuttal; 88"6 27 Ch. II; Art. 21 See. T' c. question witnesses on matters germane to the issue at hand; - — d. examine all evidence presented at the hearing. 7. The Committee's decision shall be determined solely upon the evidence presented by all parties at the Proceeding. Said decision shall be in accordance with these guidelines and the State statutes relating to granting of general assistance. 5.15.7 Decision. Upon completion of the fair hearing, the Committee shall within five (5) days, prepare a written notice of its decision which will contain the following information; 1. A statement of the issue(s); 2. Relevant evidence Presented by any participant at the proceeding; 3. Pertinent provisions of the general law and these guidelines relating to the Committee's decision; 4. The Committee's decision and the reasons for it. Copies of the notice of decision will be provided forth- with to the aggrieved person. The hearing record and the case record shall be maintained by the Public Welfare Director. 5.15.8 Further Appeal. Further appeals may be taken from any action or failure to act of the Committee or the Welfare Director, by any party, to the Superior Court in accordance with Rule BOB of the Maine Rules of Civil Procedure. The aggrieved person shall be notified of his/ her right to such an appeal. Costs for preR]iirq rnof a -transcript which a the tee s decision shall be 'd f by the applicant.'