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SANTA CLARA COUNTY CODE OF ORDINANCES: CHAPTER IV. SOCIAL SERVICES

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER IV.
SOCIAL SERVICES

ARTICLE 1.
ADMINISTRATION*

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Editor's note--Ord. No. NS-300.649, § 1, adopted April 24, 2001, repealed Art. 1, §§ A18-48--A18-65, which pertained to administration. Section 4 of said ordinance enacted provisions designated as a new Art. 1, §§ A18-48--A18-55, to read as herein set out. See the Code Comparative Table.

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Sec. A18-48. Agency recognized.

There is in the County a Social Services Agency, hereafter in this chapter referred to as the Agency.

(Ord. No. NS-300.649, § 4, 4-24-01)

Sec. A18-49. Director recognized.

There is in the County and in the Agency the position of Director of Social Services, hereafter in this chapter referred to as the Director.

(Ord. No. NS-300.649, § 4, 4-24-01)

Sec. A18-50. Appointment of Director; supervision.

The Director shall be appointed in accordance with provisions of the Charter and shall be the executive officer of the Agency under the supervision of the County Executive.

(Ord. No. NS-300.649, § 4, 4-24-01)

Sec. A18-51. Director's authority and responsibility.

The Director is responsible for the administration of the Agency, including the preparation and administration of the Agency budget, and for all the programs within each department of the Agency. Subject to provisions of the Charter and this Code, the Director shall have power to appoint, suspend or remove all assistants, department directors, deputies, clerks and other employees necessary to conduct the work of the Agency.

(Ord. No. NS-300.649, § 4, 4-24-01)

Sec. A18-52. "State Code" defined.

Hereafter in this chapter, the Welfare and Institutions Code of the State of California is referred to as the State Code.

(Ord. No. NS-300.649, § 4, 4-24-01)

Sec. A18-53. General functions of Agency.

The Agency shall be responsible for the administration of public assistance programs, as defined by Welfare and Institutions Code § 10061.

(Ord. No. NS-300.649, § 4, 4-24-01)

Sec. A18-54. General functions of departments.

Within the Agency there shall be the following departments that administer social services benefit assistance programs: the Department of Aging and Adult Services, the Department of Employment and Benefits Services, and the Department of Family and Children's Services.

(1) The Department of Aging and Adult Services (DAAS) shall include, but not be limited to:

a. Adult protective services;

b. In-home supportive services;

c. Public Administrator/Guardian/Conservator;

d. Senior nutrition program.

DAAS shall administer all other programs deemed necessary to assist seniors and dependent adults in the community in maintaining safe, healthy, independent lives.

(2) The Department of Employment and Benefits Services (DEBS) shall determine eligibility for services and administer the following programs:

a. CalWorks (California Work Opportunity and Responsibility to Kids);

b. Employment services;

c. Medi-Cal;

d. Food stamps;

e. Veterans services:

1. The position of Veteran's Service Officer shall be appointed in accordance with the provisions of the Charter.

2. The Veteran's Service Officer shall be a veteran and shall have power to administer and certify oaths and affirmations, take and certify affidavits and acknowledgments, and exercise any other power of a notary public as part of his or her duties in assisting veterans with respect to their affairs. No fee shall be charged for these services.

3. The Veteran's Service Officer shall perform the duties stated in and in accordance with the California Military and Veterans Code and shall assist all veterans and their dependents with any claim they may have against the United States arising from their military service.

f. Supplemental security income/special circumstances program;

g. General assistance program, which shall be administered in accordance with Part 5 of Division 9 of the Welfare and Institutions Code (Welfare and Institutions Code § 17000 et seq.) and the Santa Clara County General Assistance Handbook;

h. Refugee resettlement and employment services programs;

i. CAPI (Cash Assistance Program for the Aged, Blind and Disabled Legal Immigrants). DEBS shall administer all other programs deemed necessary to assist County residents in becoming economically self-sufficient.

(3) The Department of Family and Children's Services (DFCS) shall include, but not be limited to:

a. Children's shelter services as follows:

1. Pursuant to Welfare and Institutions Code § 272, the Social Services Agency, DFCS, is delegated the duty and authority to maintain a children's shelter for minors who are or are reasonably believed to be children described in Welfare and Institutions Code § 300.

2. Pursuant to Welfare and Institutions Code § 272, DFCS is delegated the duty and authority to receive delivery from peace officers of the temporary custody of children pursuant to Welfare and Institutions Code §§ 306 and 307 to complete the admission process, to immediately investigate the circumstances of the minor and facts surrounding his or her being taken into custody pursuant to Welfare and Institutions Code § 309(a), and to immediately release such minor pursuant to Welfare and Institutions Code § 309(a).

b. Foster care and adoption services, which shall include an inspection service that shall license, inspect and evaluate foster and adoptive family homes for the care of children; the Agency may serve as a public adoption agency subject to the regulations of the State Department of Social Services;

c. Child protective services;

d. Child welfare services. DFCS shall administer all other programs deemed necessary for the prevention of child abuse and neglect, and in furtherance of the well-being of children and families in the community.

(Ord. No. NS-300.649, § 4, 4-24-01)

Sec. A18-55. Director to make reports, surveys, etc.

The Director shall make reports to the Children and Families Committee of the Board as requested and as he or she deems necessary.

(Ord. No. NS-300.649, § 4, 4-24-01)

Secs. A18-56--A18-69. Reserved.

ARTICLE 2.
SUPPLEMENTAL SECURITY INCOME FEES*

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Editor's note--Section 3 of Ord. No. NS-300.345, adopted Sept. 22, 1981, which added this article, reads as follows:

This ordinance shall be retroactively operative as of July 14, 1981, with respect to those claimants for whom the County has received funds as of that date.

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Sec. A18-70. Representative's fee.

A representative awarded a fee pursuant to the order of an administrative law judge in any proceeding before the Social Security Administration establishing retroactive benefits under the Supplemental Security Income for the Aged, Blind and Disabled program (42 U.S.C. Section 1381 et seq.), which benefits result in financial reimbursement to the County for general assistance payments previously made to the representative's client, shall be paid a fee as set forth in this article.

(Ord. No. NS-300.345, § 2, 9-22-81; Ord. No. NS-300.378, § 1, 3-20-84)

Sec. A18-71. Fee qualifications.

The payment of such fee shall be dependent upon:

(1) An exact copy of the order of the administrative law judge establishing retroactive benefits under the program in a designated sum and awarding a fee in a designated sum.

(2) A copy of the agreement establishing the representative-client relationship and under which the representative expressly agrees to represent the client in administrative proceedings before the Social Security Administration for the purpose of obtaining benefits under the program.

(3) An agreement between the representative and the County entered into prior to receipt by the representative or the County of the sum due for previous general assistance payments for the period covered by the retroactive supplemental security income award (whether in the form of federal warrant or check or otherwise), under the terms of which the representative will deliver to the County such sum if within the ability of the representative.

(4) Receipt by the County of funds (whether in the form of federal warrant or check or otherwise) arising out of the administrative law judge's order awarding retroactive benefits and in an amount at least equal to the sum due the County for previous general assistance payments for the period covered by the retroactive supplemental security income award.

(5) The existence of an interim assistance agreement between the Social Security Administration and the County under the terms of which the County will receive the check or warrant representing an administrative award of retroactive benefits for any interim assistance (general assistance) paid to the representative's client.

(6) Application by the representative for such a fee.

(Ord. No. NS-300.345, § 2, 9-22-81; Ord. No. NS-300.378, § 1, 3-20-84)

Sec. A18-72. Amount of representative's fee.

The amount of the fee shall be an amount equal to the product of the amount of the fee set forth in the administrative law judge's order multiplied by the ratio of the amount of reimbursement received by the County to the total sum awarded by the administrative law judge's order for retroactive benefits. The fee shall be payable solely from the interim assistance payment reimbursement to the County and received by the County.

(Ord. No. NS-300.345, § 2, 9-22-81; Ord. No. NS-300.378, § 1, 3-20-84)

Sec. A18-73. Reimbursement agreement.

The reimbursement agreement between the County and the client who received general assistance pending the award of retroactive benefits under the program, which agreement provides for reimbursement of such general assistance, shall be modified upon receipt by the County of the full amount of the general assistance reimbursement and the payment of a fee, so as to reduce the amount owed the County by the full amount retained by the County, including the fee paid under this article.

(Ord. No. NS-300.345, § 2, 9-22-81; Ord. No. NS-300.378, § 1, 3-20-84)

ARTICLE 3.
PUBLIC ADMINISTRATOR AND GUARDIAN

Sec. A18-74. Division recognized.

There is in the Department a Public Administrator's Division, hereafter in this article referred to as the Division.

(Ord. No. NS-300.537, § 2, 9-28-93)

Sec. A18-75. Recognized; ex officio Public Guardian; authority.

(a) Administrator recognized; ex officio Public Guardian. There is in the Division the position of Public Administrator, who shall be ex officio Public Guardian. Conservatorship services may be provided by the Public Guardian as authorized by law.

(b) Administrator's authority over personnel. Subject to the provisions of the Charter and this Code, the Public Administrator shall be the executive officer of the Division and shall have power to appoint, suspend or remove all assistants, deputies, clerks and other employees necessary to conduct the work of the Division.

(Ord. No. NS-300.537, § 2, 9-28-93)

ARTICLE 4.
PUBLIC AUTHORITY FOR IN-HOME SUPPORTIVE SERVICES*

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Editor's note--Ordinance No. NS-300.591, § I, December 17, 1996, added §§ A18-66.1--A18-66.3. However, in order for new sections to be codified numerically, such sections are numbered as §§ A18-75.1--A18-75.3 at the discretion of the editor.

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Sec. A18-75.1. Designation of public authority.

Pursuant to Welfare and Institutions Code § 12301.6, the Board of Supervisors hereby establishes a public authority to provide for the delivery of in-home supportive services. The Board of Supervisors hereby designates itself as the governing body of the public authority.

(Ord. No. NS-300.591, § I, 12-17-96)

Sec. A18-75.2. Advisory committee.

The Public Authority for In-Home Supportive Services shall appoint an Advisory Committee on In-Home Supportive Services. This Committee shall consist of not more than 11 members of whom at least 50 percent shall be individuals who are current or past users of personal assistance services paid for through public or private funds or who are recipients of services under Article 7, Chapter 3, Part 3, Division 9 of the Welfare and Institutions Code (Welfare and Institutions Code § 12300 et seq.). Prior to selecting the members of this Committee, the Public Authority for In-Home Supportive Services Board shall solicit recommendations of qualified members for the aforementioned Advisory Committee through a fair and open process that includes the provisions of reasonable, written notice to, and a reasonable response time by, members of the general public, and interested persons and organizations. Each member shall serve a term of four years. No member shall be eligible to serve on such Committee for more than three consecutive terms in addition to any portion of any unexpired term which may have been served. A vacancy shall exist and shall be reported to the Board of Supervisors whenever a member fails to attend more than three consecutive regular meetings of the Committee without good cause entered on the minutes of the Committee; or when a member is unavailable or no longer able to participate for any reason.

(Ord. No. NS-300.591, § I, 12-17-96; Ord. No. NS-300.760, 12-12-06)

Sec. A18-75.3. Policy statements.

(a) Neither the establishment of the public authority nor the application of Government Code § 3500 et seq., shall replace or diminish the recipients' rights to hire, fire and supervise any in-home supportive services workers providing services to them. Neither the establishment of the public authority nor the application of Government Code § 3500 et seq. is intended to enhance or diminish employment rights provided by law. Nothing in this provision is intended to limit the ability of a collective bargaining representative to seek approval of an agency shop agreement.

(b) In establishing this public authority, the Board recognizes that the funding of the in-home supportive services program is the result of complex relationships of federal, state and County funds and that the ability of the public authority for in-home supportive services to operate and to negotiate wages and benefits for the in-home supportive services workers is contingent upon the availability of adequate funding from all sources. Nothing in this article is intended to require the County to appropriate or to transfer any funds for the operation of the public authority for in-home supportive services or for the payment of wages or benefits for in-home supportive services workers.

(c) The total of all operating costs, wages and benefits proposed or established by the public authority for in-home supportive services must be consistent with the provisions of the final County budget for the public authority. The public authority for in-home supportive services may not establish a payment rate that includes the costs of wages, benefits and operation, until the governing body of the public authority for in-home supportive services makes a finding that the funds necessary for payment of that rate are legally available.

(d) Services shall not be reduced in order to fund the public authority for in-home supportive services or to provide for the implementation of Government Code § 3500 et seq. in regard to in-home supportive services workers.

(e) For purposes of this article, the term "in-home supportive services workers" refers to personnel who provide in-home supportive services and who have historically been referred to as independent providers, and does not refer to personnel employed by entities under contract with the public authority to provide in-home supportive services.

(f) In-home supportive services workers referred to recipients shall be entitled to all of the rights conferred by the Meyers-Milias-Brown Act (Government Code § 3500 et seq.) including the right to be represented by an employee organization of their choice for purposes of collective bargaining over wages, benefits and other appropriate terms and conditions of employment as defined and limited by this article and by Welfare and Institutions Code § 12301.6.

(g) Nothing in this article shall be construed to alter, require the alteration of, or interfere with the state's payroll system and other provisions of Welfare and Institutions Code § 12302.2 or to affect the state's responsibilities with respect to unemployment insurance, or workers' compensation for in-home supportive services workers.

(Ord. No. NS-300.591, § I, 12-17-96)