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.'