SEC. 20.54.7. NO CONFLICT WITH FEDERAL OR STATE LAW.

   Nothing in this Article VI shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.

(Added as Sec. 20.54.5 by Ord. 1-16, File No. 150624, App. 1/19/2016, Eff. 2/18/2016, Oper. 4/18/2016; redesignated by Ord. 3-21, File No. 201185, App. 1/15/2021, Eff. 2/15/2021)

SEC. 20.54.8. UNDERTAKING FOR THE GENERAL WELFARE.

   In enacting and implementing this Article VI, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.

(Added by Ord. 3-21, File No. 201185, App. 1/15/2021, Eff. 2/15/2021)

SEC. 20.54.9. SEVERABILITY.

   If any section, subsection, sentence, clause, phrase, or word of this Article VI, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the Article. The Board of Supervisors hereby declares that it would have passed this Article and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Article or application thereof would be subsequently declared invalid or unconstitutional.

(Added by Ord. 3-21, File No. 201185, App. 1/15/2021, Eff. 2/15/2021)

ARTICLE VII: COUNTY ADULT ASSISTANCE PROGRAMS

   Editor’s Note: As part of the revision and consolidation of Administrative Code provisions relating to indigent aid programs, Ordinance 153-16 (approved 8/1/2016, effective 8/31/2016, operative 1/1/2017) repealed former Articles IX, X, and XI, and incorporated successor provisions into this Article, which was amended essentially in its entirety.

Sec. 20.7-1.	Title.
Sec. 20.7-2.	Authority and Mandate.
Sec. 20.7-3.	Definitions.
Sec. 20.7-4.	Purposes and Principles.
Sec. 20.7-5.	Policy and Administration.
Sec. 20.7-6.	Eligibility for Aid.
Sec. 20.7-7.	Administration of Family General Relief Program; Maximum Grant Amount; Promulgation of Program Rules.
Sec. 20.7-8.	Proration of Income Over Contract Period.
Sec. 20.7-9.	Rebuttable Presumption of Ineligibility – Students.
Sec. 20.7-10.	Rebuttable Presumption of Ineligibility – Current Income or Expenses.
Sec. 20.7-11.	Residency Requirement.
Sec. 20.7-12.	Allowable Real Property.
Sec. 20.7-13.	Allowable Personal Property.
Sec. 20.7-14.	Exempt Income or Resources.
Sec. 20.7-15.	Reimbursement Agreement.
Sec. 20.7-16.	Identification.
Sec. 20.7-17.	Finger-Imaging and Photo- Imaging.
Sec. 20.7-18.	Exemption for Terminal Illness.
Sec. 20.7-19.	Ineligibility of Fleeing Felons.
Sec. 20.7-20.	Ineligibility of Individuals who Have Reached the Time Limit for Receipt of CalWORKs Aid Under State Law.
Sec. 20.7-21.	Computation and Payment of Aid Grants; Amounts Payable.
Sec. 20.7-22.	Housing.
Sec. 20.7-23.	Basic Needs; Personal Needs.
Sec. 20.7-24.	Special Allowances; Income-in-Kind Value Exceeds Monthly Maximum Grant.
Sec. 20.7-25.	Continuing Eligibility.
Sec. 20.7-26.	Work Requirements and Exemptions.
Sec. 20.7-26.5.	Substance Abuse Screening, Evaluation, and Treatment.
Sec. 20.7-27.	Intensive Employment Services Program.
Sec. 20.7-28.	Termination of Employment.
Sec. 20.7-29.	Good Cause.
Sec. 20.7-30.	Use of Minimum Hourly Wage Rate to Calculate Maximum Number of Hours of Service.
Sec. 20.7-31.	Emergency Aid Payments.
Sec. 20.7-32.	Aid Payments; In General.
Sec. 20.7-33.	Aid Payments; Mandatory Direct Rent Payment Program.
Sec. 20.7-34.	Aid Payments; In-Kind Aid.
Sec. 20.7-35.	Aid Payments; To Whom Paid and Delivered.
Sec. 20.7-36.	Aid Payments; Administrative Discontinuance.
Sec. 20.7-37.	Aid Payments; Lost, Forged or Stolen Warrants; Loss or Theft of Warrant Proceeds.
Sec. 20.7-38.	Fair Administration; Disclosures; Overpayment.
Sec. 20.7-39.	Quality Control Program; Requirements.
Sec. 20.7-40.	Quality Control Program; Reports.
Sec. 20.7-41.	Records; Maintenance of.
Sec. 20.7-42.	Records; Confidentiality.
Sec. 20.7-43.	Records; Destruction of.
Sec. 20.7-44.	Fraud in Obtaining Aid.
Sec. 20.7-45.	Hearing; Opportunity.
Sec. 20.7-46.	Notice of Proposed Action.
Sec. 20.7-47.	Request for Hearing.
Sec. 20.7-48.	Aid Paid Pending.
Sec. 20.7-49.	Hearing; Notice of Hearing; When Held.
Sec. 20.7-50.	Impartial Hearing Officer.
Sec. 20.7-51.	Hearing; Hearing Rights.
Sec. 20.7-52.	Informality, Evidence, Appearance, and Counsel.
Sec. 20.7-53.	Hearing Decision.
Sec. 20.7-54.	Hearing; Finality; Effect of Nonappearance.
Sec. 20.7-55.	Funding.
Sec. 20.7-56.	Evaluation.
Sec. 20.7-57.	Severability.
Sec. 20.7-58.	Promotion of the General Welfare.

 

SEC. 20.7-1. TITLE.

   This Article VII shall be known as the “County Adult Assistance Programs of the City and County of San Francisco.”

(As Sec. 20.55, amended by Ord. 212-80, App. 5/16/80; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-1 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

SEC. 20.7-2. AUTHORITY AND MANDATE.

   (a)   The County Adult Assistance Programs consist of the General Assistance Program, the Personal Assisted Employment Services (PAES) Program, the Cash Assistance Linked to Medi-Cal (CALM) Program, the Supplemental Security Income Pending (SSIP) Program, and the Family General Relief Program.

   (b)   The General Assistance program is established pursuant to California Welfare and Institutions Code Division 9, Part 5, Chapter 1, commencing with Section 17000.

   (c)   Any amendments to the above authority, adopted subsequent to the effective date of this Article VII, shall not invalidate any provisions of this Article. Any amendments to the Welfare and Institutions Code that may be inconsistent with the administration of the General Assistance Program, as set forth in this Article, shall govern.

   (d)   The provisions of this Article VII shall govern in relation to all other ordinances of the City and County of San Francisco and rules and regulations pursuant thereto. In the event of any inconsistency or conflict between the provisions of this Article and other provisions of the Administrative Code, the most specific shall prevail.

   (e)   The PAES, CALM, SSIP, and Family General Relief Programs, as set forth in this Article VII, are not established pursuant to Chapter 1, Part 5, Division 9 of the California Welfare and Institutions Code and may be amended or terminated by the Board of Supervisors at any time, for any reason. In the event that PAES, CALM, SSIP, and/or Family General Relief are terminated, all Applicants for and participants in those programs shall be transitioned to the General Assistance Program without need to reapply, in accordance with the rules and regulations of that program.

(As Sec. 20.55.1, amended by Ord. 212-80, App. 5/16/80; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-2 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)

SEC. 20.7-3. DEFINITIONS.

   For the purposes of this Article VII:

   “Applicant” is a person who is in the process of applying for benefits under the County Adult Assistance Programs.

   “CalFresh” means the food assistance program as defined in Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the California Welfare and Institutions Code, or any successor program.

   “CALM” means the Cash Assistance Linked to Medi-Cal Program as set forth in this Article VII.

   “CalWORKs” means the California Work Opportunity and Responsibility to Kids as defined in Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the California Welfare and Institutions Code or any successor program.

   “CAPI” means the Cash Assistance Program for Immigrants as defined in Chapter 10.3 (commencing with Section 18937) of Part 6 of Division 9 of the California Welfare and Institutions Code or any successor program.

   “City” means the City and County of San Francisco.

   “Decrease” means any reduction in a Recipient’s current cash grant amount.

   “Denial” means a determination, based on a County Adult Assistance Programs application, that the Applicant is not eligible for aid.

   “Department” means the Department of Human Services of the City and County of San Francisco.

   “Discontinuance” means the termination of a person’s entitlement to aid.

   ”Electronic benefit transfer” means a method of transferring benefits through a centralized computer system so that an Applicant/participant may obtain his or her benefits at facilities such as automated teller machines (ATM) and point-of-sale (POS) terminals using an access device such as a magnetic stripe plastic card. “Electronic benefit transfer” includes direct deposits.

   “Executive Director” means the Executive Director of the Department of Human Services of the City and County of San Francisco.

   “Guaranteed Income Pilot Program” means an income distribution program that provides unconditional, regular cash payments over a specified period of time to a specified participant population, provided that the Department has approved the program’s research and evaluation plan.

   “PAES” means the Personal Assisted Employment Services Program as set forth in this Article VII.

   “Recipient” is a person who is receiving assistance under this Article VII.

   “Recoupment” means the collection of past overpayments by making deductions from current grants.

   “Resident of a state or private institution” shall mean that the Applicant/Recipient is staying in a facility that provides housing and three meals a day.

   “SSI/SSP” means Supplemental Security Income/State Supplementary Program for Aged, Blind, and Disabled Californians as defined in California Welfare and Institutions Code Section 12000, et seq.

   “SSIP” means the Supplemental Security Income Pending Program as set forth under this Article VII.

   “State” means the State of California.

   “TANF” means Temporary Assistance to Needy Families as defined in Part A (commencing with Section 601) of Subchapter 4 of Chapter 7 of Title 42 of the United States Code.

   “Withholding” means the retention of aid payments.

(As Sec. 20.55.2, amended by Ord. 271-81, App. 5/21/81; Ord. 152-98, App. 5/8/98; redesignated as Sec. 20.7-3 and amended by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017; Ord. 196-23, File No. 230702, App. 9/28/2023, Eff. 10/29/2023)

SEC. 20.55.3. [REPEALED.]

(Amended by Ord. 212-80, App. 5/16/80; repealed by Ord. 153-16, File No. 160636, App. 8/1/2016, Eff. 8/31/2016, Oper. 1/1/2017)