We strongly urge that no specific figure be written into S. 1849 in this respect because such a figure would vary dependent upon conditions in the family and on the current cost-of-living index. The best information that we have been able to accumulate at this time regarding how other States handle this question is taken from the Social Security Bulletin, volume 17, No. 4, April 1954, and volume 17, No. 5, May 1954. Most of the recent changes in State legislation have intended to strengthen provisions that encourage or require children to contribute toward the support of their parents to the extent of their ability. As summarized in these articles it appears that 12 States have no legislation of any kind establishing the duty of children to support their parents. Six States have some type of general-support legislation in the tradition of the old poor laws that establishes the duty of children to support certain indigent parents. In these six States the old age assistance laws make no reference to the responsibility of relatives. The other 33 States, including Alaska, Hawaii, and the District of Columbia, have public assistance legislation establishing responsibility of children for support. Twenty-seven States, as of October 1952, used an income scale or a similar specific method to determine ability to support. The income scales, however, are spelled out in the laws of only six States Alabama, California, Iowa, Massachusetts, Nevada, and Oregon. Detailed information concerning summaries of these various State laws and income scales are included in the abovementioned articles which are attached for the information of the committee. In regard to the question as to the cost of payment of public assistance grants based on 100 percent of need, the Director of Public Welfare advises that it would amount to approximately $1,500,000 in addition to anticipated 1958 appropriations and an additional $500,000 to bring the present budget standard up to the current cost of living index. Sincerely yours, /S/ ROBERT E. MCLAUGHLIN, President, Board of Commissioners, District of Columbia. JUNE 18, 1957. This is in reply to your inquiry concerning the additional cost to the District of Columbia of eliminating a grandchild as a responsible relative, as proposed in Senate bill, S. 1849, District of Columbia Public Assistance Act of 1957. While no firm figure can be given, it is believed that the additional cost of this change would be negligible, if any. 1. There are now no relative responsibility provisions in the aid to dependent children, aid to the permanently and totally disabled, and general public assistance categories of assistance, other than a parent for a dependent child in aid to dependent children; consequently, grandchildren are not now responsible in these three categories, nor would they be responsible under S. 1849. 2. In a court case involving a grandchild in 1955, judgment was rendered in favor of the defendant, the grandchild, on the grounds that the District failed to prove that the sons and daughters did not have sufficient ability to support the old-age assistance recipient. The court stated that the law imposes a duty of support upon a child and only secondarily upon grandchildren. In suits against grandchildren the District is required to prove that the recipient does not have a spouse, father, or child with sufficient ability to contribute. 3. Agency records do not show any case in which a grandchild of an old-age assistance or aid to the blind recipient has been ordered by a court to make a contribution for the support of his grandparents. 4. At the present time there are 16 old-age assistance relative responsibility cases in various stages of preparation for suit. There are a total of 57 legally liable relatives in these 16 cases, of which 1 is a spouse, 37 are children, and 19 grandchildren. In only 2 of the 8 cases in which there are grandchildren are the grandchildren the only responsible relatives in the case. These statistics indicate that in all but a very few cases there are relatives other than the grandchildren who have a primary duty of support, and that the elimination of grandchildren from the list of legally liable relatives in the proposed publicassistance bill will have very little effect in terms of additional cost if the bill is enacted into law. Sincerely yours, GERARD M. SHEA, Director of Public Welfare. All witnesses testified in favor of the bill, however it was brought out, both in hearings on this measure and in previous hearings on the problems of hungry children in the District of Columbia, that the policy currently being followed by the District Commissioners of permitting only 83 percent of minimum subsistence needs to be given to welfare aid recipients, a policy whose sole justification according to the Commissioners' testimony is that of financial stringency, is one that creates great hardship and one that should be modified. In order that a clear understanding of the 83 percent figure may be had, the Public Assistance Division Budget Standard was submitted to the committee, and is herewith made a part of this report: "BUDGET STANDARD "The present 83 percent is a percentage of a minimum budget derived from the following base: The Bureau of Home Economics and Human Nutrition of the Department of Agriculture has determined the quantities and kinds of food necessary for various individuals. The items included for the Washington area are those recommended by the National Research Council. These items, particularly with reference to food, were priced in the District of Columbia by a group composed of representatives of the American Red Cross, District of Columbia Department of Public Health, and the United Community Services. The 83 percent is related to the February 1953 price. The pricing was done in a manner utilized by the Bureau of Labor Statistics so that our budget can be related to the reports of cost of living index. For administrative purposes food allowances were grouped and averaged, which has the effect of reducing food allowances slightly from the minimum adequate standard, and which results in the fact that our present budget standard is 83 percent of something less than the prescribed minimum adequate budget but of something more than a bare subsistence level." The committee amendments seek to correct and to rectify the existing practice of imposing an arbitrary percentage figure as a ceiling on the grants without regard to the minimum subsistence needs of the welfare recipients, and in addition, they prohibit the imposition of a flat dollar amount ceiling without regard to the actual needs of these families. The estimated maximum annual cost of the proposed legislation as amended by the committee is $2 million. Enactment of this legislation will repeal the following acts: An act to provide aid to dependent children in the District of Columbia, approved June 14, 1944 (58 Stat. 277); and act to amend the code of laws for the District of Columbia in relation to providing assistance against old-age want, approved August 24, 1935 (49 Stat. 747); and an act to provide aid for needy blind persons of the District of Columbia and authorizing appropriations therefor. approved August 24, 1935 (49 Stat. 744), as amended. [S. 1849, 85th Cong. 1st Sess.] [Omit the part struck through and insert the part printed in italic] A BILL To provide for more effective administration of public assistance in the District of Columbia; to make certain relatives responsible for support of needy persons, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "District of Columbia Public Assistance Act of 1957." DEFINITIONS SEC. 2. As used in this Act, the word "District" means the District of Columbia; the word "Commissioners" means the Commissioners of the District of Columbia or the agents, agencies, officers, and employees designated by them to perform any function vested in them by this Act; the term "public assistance" means payment in or by money, medical care, remedial care, goods or services to, or for the benefit of, needy persons; the word "recipient" means a person to whom or on whose behalf public assistance is granted and the word "State" includes Alaska, Hawaii, Puerto Rico, and the Virgin Islands. FUNCTIONS OF COMMISSIONERS SEC. 3. This Act shall be administered by the Commissioners, who shall (a) establish such categories of public assistance as they deem appropriate; (b) provide for maximum cooperation with other agencies in maintaining and strengthening family life and in rehabilitating recipients to help them attain self-support or self-care; (c) establish and enforce such rules and regulations as may be necessary or desirable to carry out the provisions of this Act; (d) cooperate in all necessary respects with agencies of the United States Government in the administration of this Act, and accept any funds, goods or services payable to the District for public assistance, and for administering public assistance; (c) enter into reciprocal agreements with any State relative to the provisions of public assistance to residents and nonresidents; and (f) promulgate regulations to carry out the purposes of this Act. ELIGIBILITY FOR PUBLIC ASSISTANCE SEC. 4. Public assistance shall be awarded to or on behalf of any needy individual who either (a) has resided in the District for one year immediately preceding the date of filing his application for such assistance; or (b) is otherwise within within one of the categories of public assistance established by the Commissioners pursuant to this Act. AMOUNT OF PUBLIC ASSISTANCE SEC. 5. (a) The amount of public assistance which any person shall receive shall be determined in accordance with regulations approved by the Commissioners. (b) Such amount as referred to in subsection (a) of this section shall not be less than the full amount determined as necessary on the basis of the minimum needs of such person as established in accordance with such regulations. No ceiling shall be administratively imposed with respect to the amount of public assistance which any person, or class of persons, may receive. (c) The provisions of subsection (b) of this section shall become effective on July 1, 1958. APPLICATION FOR PUBLIC ASSISTANCE SEC. 6. Application for public assistance shall be accepted from, or on behalf of, any person who believes himself eligible for public assistance. Such application shall be made in the manner and form prescribed by the Commissioners, and shall contain such information as the Commissioners shall require. INVESTIGATION OF APPLICANT SEC. 7. Whenever the Commissioners shall receive an application for public assistance, they shall promptly make an investigation and record of the circumstances of the applicant in order to ascertain the facts supporting the application and to obtain such other information as they may require. AWARD AND PAYMENT OF PUBLIC ASSISTANCE SEC. 8. (a) Upon completion of the investigation, the Commissioners shall determine whether the applicant is eligible for public assistance, the type and amount of public assistance for which he is eligible, and the date from which such public assistance shall begin, and shall furnish public assistance with reasonable promptness to all eligible persons: Provided, That such date shall not be prior to the first day of the calendar month in which such determination is made. (b) Money payments of public assistance shall be made by check. In emergency cases under section 10 of this Act, money payments of public assistance may be made in cash, and to accomplish such purpose the Commissioners are authorized to make necessary provisions for advancing from time to time to one or more officers or employees of the District such sum or sums as the Commissioners may determine: Provided, That no such advance shall be made to any such officer or employee who has not been previously bonded in such amount and form as the Commissioners shall determine. RECIPIENT INCAPACITATED SEC. 9. If a recipient is found by the Commissioners to be incapable of taking care of himself, his property, or his money, public assistance payments may be made for his benefit to any responsible person approved by the Commissioners. EMERGENCY PUBLIC ASSISTANCE SEC. 10. The Commissioners may grant emergency public assistance pending completion of investigation when eligibility has been established pursuant to section 4 of this Act: Provided, That such emergency assistance shall not be granted in any case for a period exceeding sixty days. REDETERMINATION OF GRANTS SEC. 11. All public assistance grants made under this Act shall be reconsidered by the Commissioners as frequently as they may deem necessary. After such further investigations as the Commissioners may deem necessary, the amount of public assistance may be changed, or may be entirely withdrawn, if the Commissioners find that any such grant has been made erroneously, or if they find that the recipient's circumstances have altered sufficiently to warrant such action. If at any time during the continuance of public assistance the recipient thereof becomes possessed of income or resources in excess of the amount previously reported by him, or if other changes should occur in the circumstances previously reported by him which would alter either his need or his eligibility, it shall be his duty to notify the Commissioners of such fact immediately on the receipt or possession of such additional income or resources, or on the change of circumstances. RECORDS SEC. 12. (a) The Commissioners are directed to prescribe regulations governing the custody, use, and preservation of the records, papers, files, and communications of the Commissioners relating to public assistance. Except as herein otherwise provided, such regulations shall provide safeguards restricting the use or disclosure of information concerning applicants for, or recipients of, public assistance to purposes directly connected with the administration of public assistance. The Commissioners are authorized, in their discretion, to include in such regulations provisions for the public to have access to the records of disbursement or payment of public assistance made after the effective date of this Act. (b) No person who obtains information by virtue of any regulation made pursuant to subsection (a) of this section shall use such information for commercial or political purposes. (c) This section and section 13 of this Act shall be constructed as State legislation conforming to the requirements of section 618 of the Revenue Act of 1951 (Public Law 183, Eighty-second Cong.). PENALTIES SEC. 13. Any person violating any regulation made pursuant to this Act or any person violating subsection (b) of section 12 of this Act shall be punished by a fine of not more than $500, or by imprisonment of not more than ninety days, or by both such fine and imprisonment. Prosecution for such violations and for violations of section 17(a) of this Act shall be brought to the municipal court for the District of Columbia by the Corporation Counsel or any of his assistants. FUNERAL EXPENSES SEC. 14. On the death of a recipient, reasonable funeral expenses may be paid, subject to rules and regulations approved by the Commissioners. HEARINGS SEC. 15. An applicant for, or recipient of, public assistance, aggrieved by the action or inaction, of the Commissioners shall be entitled to a hearing. Each applicant or recipient shall be notified of his right to a hearing. Upon request for such hearing, reasonable notice of the time and place thereof shall be given to such applicant or recipient. Such hearing shall be conducted in accordance with rules and regulations prescribed by the Commissioners. The findings of the Commissioners on any appeal shall be final. PUBLIC ASSISTANCE NOT ASSIGNABLE SEC. 16. Public assistance awarded under this Act shall not be transferable or assignable at law or in equity, and none of the money paid or payable under this Act shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law. FRAUD IN OBTAINING PUBLIC ASSISTANCE--REPAYMENT SEC. 17. (a) Any person who by means of false statement, failure to disclose information, or impersonation, or by other fraudulent device obtains or attempts to obtain (1) any grant or payment of public assistance to which he is not entitled; (2) a larger amount of public assistance than that to which he is entitled; or (3) payment of any forfeited grant of public assistance; or any person who with intent to defraud the District aids or abets in the buying or in any way disposing of the real property of a recipient of public assistance, shall be guilty of a misdemeanor and shall be sentenced to pay a fine of not more than $500, or imprisoned not to exceed one year, or both. (b) Any person who obtains any payment of public assistance to which he is not entitled shall be liable to repay such sum. In any case in which, under this section, a person is liable to repay any sum, such sum may be collected without interest by civil action brought in the name of the District. Any repayment required by this subsection may, in the discretion of the Commissioners, be waived in whole or in part, upon a finding by the Commissioners that such repayment would deprive such person, his spouse, parent, or child of shelter or subsistence needed to enable such person, spouse, parent, or child to maintain a minimum standard of health and well-being. PROPERTY SEC. 18. (a) At the death of any person who has received public assistance pursuant to the provisions of this Act, or of any Act repealed by this Act, the District shall have a preferred claim for the amount of any such public assistance against the estate of the deceased recipient. Notwithstanding the provisions of any other law, no statute of limitations shall be deemed applicable as a defense to any claim of the District made pursuant to this section. The Commissioners are authorized to waive any such claim when in their judgment they deem it appropriate to do so. (b) In addition to the remedy provided by subsection (a) of this section, or by any other provision of law, the Commissioners may file a notice in the office of the Recorder of Deeds in any case where public assistance is granted to any person under this Act, and such notice shall constitute and have the effect of a lien in favor of the District against the real property of such person for the amount of the public assistance which theretofore has been granted or which may thereafter be granted to, or on behalf of, such persons. Any such lien may be enforced by a proceeding filed in the United States District Court for the District of Columbia. The Commissioners shall file in the office of the Recorder of Deeds, a release of any such real property from the effect of such lien whenever there has been repaid to the District the amount of the public assistance theretofore granted to, or on behalf of, such person. The Commissioners are also authorized to release any such lien when in their judgment they deem it appropriate to do so. Such notices and releases may be filed without payment of fees. (c) If the District collects from any recipient of public assistance or from his estate, or otherwise, any amount with respect to public assistance furnished him under this Act, or under any Act repealed by this Act, the pro rata share to which the United States is equitably entitled shall be paid to the United States in accordance with the provisions of the Social Security Act, as amended (title 42, U.S.C., secs. 303, 603, 1203, and 1353). The pro rata share due the District shall be deposited as miscellaneous receipts to the credit of the District. RESPONSIBLE RELATIVES SEC. 19. (a) The husband, wife, father, mother, or adult child of a recipient of public assistance, or of a person in need thereof, shall, according to his ability to pay, be responsible for the support of such person. Any such recipient of public assistance or person in need thereof or the Commissioners may bring an action to require such husband, wife, father, mother, or adult child to provide such support and the court shall have the power to make orders requiring such husband, wife, father, mother, or adult child to pay to such recipient of public assistance or to such person in need thereof such sum or sums of money in such installments as the court in its discretion may direct and such orders may be enforced in the same manner as orders for alimony. (b) The Commissioners shall be empowered on behalf of the District to sue such husband, wife, father, mother, or adult child for the amount of public assist 52361-60-8 |