Page 21

STANDARDS OF ASSISTANCE Regulations AID PAYMENTS 44-310

44-309 PROTECTIVE PAYMENTS (Continued) 44-309

.13 The protective payee shall be selected using the following criteria:

.113 Interest in or concern with the recipient's welfare.

.114 Existence of a positive relationship with the recipient.

.115 Accessibility to the recipient.

.116 Good character and reliability (see also Section 40-107.2 for recipient's right to choose).

.14 At least every three months, the way in which the protective payee's responsibilities are carried out shall be reviewed.

.15 Protective payments will be terminated with return to money payment status only upon compliance by the parent or needy caretaker relative with the provisions of Sections 43-106 and/or 107, or Section 42-786.

NOTE: The above function shall be funded under Title IV-A of the Social Security Act.

NOTE: Authority cited: Sections 10553, 10554, and 10604, Welfare and Institutions Code. Reference: Sections 10553, 10554, and 10604, Welfare and Institutions Code; and California Department of Health Services Manual Letter 77-1.

44-310 EXCEPTIONS TO PROTECTIVE PAYMENT REQUIREMENTS 44-310

.1 Protective payments under Sections 42-691.233, 42-786.5 and 44-309 are not required if, after making all reasonable efforts (see .2 below), the county is unable to locate an appropriate individual to whom protective payments can be made. In this case, the county shall continue to make payments on behalf of the remaining members of the assistance unit to the sanctioned caretaker.

.2 At a minimum, reasonable efforts on the part of the county to locate a protective payee shall include the following actions:

.21 Inform the sanctioned individual that the county is required to make protective payments if it is able to locate an appropriate protective payee.

.22 Ask the sanctioned individual to name a person who can act as the protective payee, and explain the selection criteria of Section 44-309.13 to the sanctioned individual.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: California Department of Health Services Manual Letter 77-1.

CALIFORNIA-DSS-MANUAL-EAS MANUAL LETTER NO. EAS-04-07 Effective 7/1/04

Page 470