Knight Township Trustee. Board Chairman J.D. Strouth Date

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1 Knight Township Trustee Vanderburgh County Address: 1116 N. Weinbach Avenue Evansville, IN Ph: Fx: Website: The standards and guidelines were received by the Vanderburgh County Commissioners on January 5, 2012 and approved by the Knight Township Advisory Board on January 17, These standards and guidelines, which conform to the Indiana State Law, will be used by the Knight Township Trustee in conducting the Trustee s daily business activities with applicants who are seeking Township Assistance. These standards and guidelines will be displayed for the clients in the public waiting area of the Knight Township Trustee s Office located at 1116 N. Weinbach Avenue Evansville, Indiana. Hours of operation for Knight Township Trustee s Office are Monday through Friday 8:00am to 12:00pm and 1:00pm to 4:00pm (closed daily for lunch 12:00-1:00pm). The office is closed on weekends and approved government holidays. A phone answering device is available to record all phone calls when the office is closed then your call will be returned within the next business day Knight Township Trustee Kathryn M. Martin Date 2012 Knight Township Board Chairman J.D. Strouth Date 2012 Vanderburgh County Board of Commissioners Secretary Norman L. Kniese, Jr. Date Finance Chairman Donald R. Boerner Date District 1 Joe Kiefer Date District 2 Marsha Abell Date District 3 Stephen Melcher Date

2 KNIGHT TOWNSHIP TRUSTEE S STANDARDS AND GUIDELINES All Township Trustee s should establish uniform relief standards of eligibility and need for the granting of poor relief in their townships. All decisions of the Knight Township Trustee will be based on these standards and guidelines and the Trustee s personal discretion as permitted by law. These standards and guidelines will be revised when necessary. They will be re-submitted to the Board of County Commissioners for their approval at least every year. Indiana Code (c) states that in hearing appeals of the Trustee s denial of aid, the board shall be guided by uniform relief standards of eligibility and need established by or for the township trustee, but if no such standards have been established, the board shall be guided by the circumstances of each case. In other words, the statute does not REQUIRE that the trustee establish guidelines. In the case of HOPSON V SHILLING, (U.S.D.C., N.D. Ind, 1978) (Civic No. L-75-30) (unpublished opinion), the court held that I.C (c) was unconstitutional because it had violated due process in so far as it did not require written standards. The court stated that Trustee s must establish written standards covering: guidelines to financial eligibility for poor relief, including maximum income usually allowed, a statement of all non-financial conditions of eligibility, a statement of the needs which will normally be met if an applicant is eligible, and a description of the procedures to be followed by the applicant to obtain relief. VANBUSKIRK V WAYNE TOWNSHIP, 418 N.E. 2 nd 234, 243, (Indianapolis, 1981) Since the HOPSON opinion was unpublished it does not have the effect of precedent, therefore, it is only binding on the parties to the case. Legally there is no absolute requirement that a trustee establish guidelines. Nevertheless, since the courts opinion in HOPSON was quoted at length in the VANBUSKIRK case and there is ample legal justification for the courts decision to hold the statute unconstitutional, it is in the trustee s best interest to establish written guidelines. The standards not withstanding, the nature and extent of poor relief is left in large part to the discretion of the Trustee, and courts will merely determine whether that discretion was exercised in a reasonable manner. VANBUSKIRK at 244. Of course, the Trustee must always follow the statutes governing poor relief. Thus, the Trustee has discretion in establishing the guidelines, but once they are established, she is bound by them. Page 2 of 15 Revised: 1/04/2012

3 FINANCIAL (net income limitation over which aid may not be given) Maximum net income defined: current and projected gross income for all members of the household from any source, including non-monetary income, less Social Security and income tax withholdings. Resources of applicant beyond those necessary for basic needs may affect the applicant s eligibility (ie, cable television, rental television, extra telephones, and extra vehicles etc.) Resources that will not be considered are the house where the applicant resides, one vehicle and assets necessary to earn a living. Establishment of a standard of net income of applicant, over which relief will not be given, was required by the court in HOPSON V. SHILLING (U.S.D.C., N.D. Ind. 1978) (Civil No. L-75-30) (unpublished opinion) The definition of net income is formulated at the discretion of the Trustee to insure the reasonable administration of township funds. Requirement of net income is to calculate and insure that those seeking aid are truly in need and are making every effort to live within their means. Page 3 of 15 Revised: 1/04/2012

4 INCOME GUIDELINES (Net income limitation over which aid may not be given) MAXIMUM NET INCOME NUMBER OF PERSONS IN HOUSEHOLD MAXIMUM NET INCOME 1 $ $ $ $ $1, $1, $1, $1, OVER 8 + $ per Person FOOD ORDERS NUMBER OF PERSONS IN THE HOUSEHOLD MAXIMUM AMOUNT 1 $ $ $ $ $ $ RENT ASSISTANCE NUMBER IN HOUSEHOLD MAXIMUM AVAILABLE MAXIMUM AVAILABLE (UTILITIES FURNISHED) (UTILITIES NOT FURNISHED). 1-2 $ $ $ $ $ $ Page 4 of 15 Revised: 1/04/2012

5 1. ELIGIBILITY A. PERSONAL (NON-FINANCIAL) 1. Applicant must be at least 18 years old. 2. Applicant must be the head of household. 3. Applicant must have identification including verification of his or her social security number. 4. Applicant must have spent the night prior to application in the township. 5. The Trustee retains the discretion to give aid even if the applicant does not meet all the personal eligibility requirements There are no personal eligibility requirements in the statute or cases, therefore, these standards are established at the discretion of the Trustee to ensure that relief is administered in a reasonable manner. (The nature and extent of poor relief is left in large part to the discretion of the Trustee, VANBUSKIRK V WAYNE TN, 418 ne 2D 234, 243 (INDAPP, 1981). I.C restricts relief in counties with a population of 100,000 or more to residents. In the case of MAJOR VAN DE WALLE (U.S.D.C., ND IND, 1970) (Civic No. 4169) (unpublished opinion), the court held that this statute was unconstitutional in so far as it restricted relief to residents. Migrant workers, transients and new arrivals should be treated the same as any other applicant, and the Trustee may be subject to civil liability if applicant established residency requirements. Since the major case is unpublished, it does not have the effect of precedent; therefore, it is binding only on the parties to the case. However, since there is ample legal justification for the court s decision, it is in the Trustee s best interest to follow that opinion. Therefore, with respect to residency, relief is restricted only in that the applicant must have spent the night previous to his application for aid in the Township. 6. I.C (c) and (d) permit the Trustee to withhold aid until the applicant verifies either that he filed and application for assistance with any governmental assistance program for which he may qualify for assistance, or that the applicants need is an emergency which must be met immediately. In the case of emergency need, the applicant must apply for other potentially available assistance within 15 days of the granting of poor relief. 7. I.C requires that, upon a second application for aid after the first application was accepted, the Trustee check with relatives of the applicant and ask them to help the applicant and his family with material relief or employment. Page 5 of 15 Revised: 1/04/2012

6 B. TRUSTEE S PROCEDURE FOR PROCESSING APPLICATION 1. Review application promptly. 2. Verbally inform applicant of areas likely to be investigated. 3. Carry out investigation within reasonable time (no more than 72 hours from signing of affidavit) 4. Upon disallowance of aid, inform applicant verbally and in writing. 1. I.C (a) requires that the Trustee accept and act upon application for assistance within 72 hours (excluding weekends and holidays) of its submission. 2. There is no statutory requirement that the applicant be informed of the areas of investigation. This is merely a policy of Knight Township. 3. I.C (b) requires that the Trustee notify the applicant in writing of any action taken on the application, including reasons for a denial of aid, and the applicant s right to appeal. C. APPEAL 1. Applicant should file with the County Commissioners the form, which notifies that his application for assistance has been denied, within 15 days from the date the application was denied. The County Commissioners Office is located in Room 305 of the Civic Center Complex. 2. The remaining procedures for appeal are determined by the Board of County Commissioners. The applicant should check with them. 1. I.C (a) permits any applicant to appeal a decision of the Trustee to the Board of County Commissioners. The applicant must file his appeal within the 15 days from the date of denial. 2. I.C leaves the procedures for conducting the appeal largely up to the Board within certain guidelines contained in the statute. Page 6 of 15 Revised: 1/04/2012

7 2. PROCEDURES A. APPLICANT S PROCEDURE TO OBTAIN AID (failure to follow can result in ineligibility) 1. Fill out and sign Affidavit and Application. 2. Sign release permitting investigator to examine a. personal finances and activities b. family status c. eligibility for other assistance 3. Cooperate with investigator including home visit. 4. Seek and accept employment, including part-time employment if full time employment is not available, or if the applicant can only work part-time. The applicant is excused from this requirement if unable to work, a minor, over 65 or required to care for others in the household. 5. Exhaust all other options for assistance prior to applying for aid from the Trustee. 6. Permit investigator to contact relatives if poor relief is given for the same category more than once. Establishment of guidelines for procedure for obtaining aid was required by the court in HOPSON V SHILLING. 1. I.C requires that applicants file an application and affidavit setting forth the personal condition of the person or family before the Trustee may give aid. 2. I.C requires that the Trustee carefully investigate the circumstances of the application. The statute specifically refers to investigation of the applicant s physical condition, present and previous occupation, age, ability and capacity for work, names ages and ability to work of family members, the cause of the condition for which the applicant is applying for aid, and the ability of the applicants family to assist the applicant. 3. I.C requires that each applicant consent to disclosure and release of information about the applicant and his household. Cooperation is a reasonable requirement that is necessary to achieve an accurate and thorough investigation. 4. I.C (a) requires that the Trustee insist that those applicants able to work shall seek employment, and before giving aid, the Trustee must be satisfied that the applicant is looking for work. Exceptions are listed in the statute. Similarly, I.C (b) permits aid to be given only after the personal effort of the applicant has failed to provide one or more of the following: food, shelter, clothing, necessary utilities and transportation to seek and accept employment. Page 7 of 15 Revised: 1/04/2012

8 3. WORKFARE A. I.C The Trustee shall obligate any adult member of a household receiving poor relief for workfare. The Trustee shall determine a poor relief applicant s suitability to perform available workfare. The Township Trustee may provide for medical examinations necessary to make the determination. 2. The Trustee shall obligate any adult member of a recipient household to do any work needed to be done within the county or an adjoining township in another county, for any nonprofit agency or government unit, including the state, having jurisdiction in those townships. B. WORKFARE EXCEPTIONS (I.C (a)) Recipients shall not be obligated to workfare for any of the following reasons: 1. the obligated individual is not physically able to perform the work. 2. the obligated individual is a minor or is over 65 years of age. 3. the obligated individual has full-time employment at the time they receive poor relief. 4. the obligated individual is needed to care for a person as a result of the person s age or physical condition. 5. the Trustee determines that there is no work available for any adult member of the recipient household. Definition of Wasted Resources : (1) the amount of money or resources expended by an applicant or an adult member of an applicant s household seeking poor relief during the (30) days before the date of application for poor relief for items or services that are not basic necessities; or (2) income, resources, or tax supported services lost or reduced as a result of a voluntary act during the sixty (60) days before the date of application unless the adult member can establish a good reason for the act. Definition of Countable Assets : Countable assets are non-cash property that is not necessary for the health, safety, or decent living standard of a household, which are owned wholly or in part by members of the household, that the member has the legal right to sell or liquidate. Countable assets include: savings and checking accounts, certificates of deposit, bonds, stocks, and other intangibles that have a net cash value; and boats and other vehicles, or any other personal property used solely for recreational or entertainment purposes. These should be verified before any assistance can be granted, but should not, however, be used, initially, as a grounds for denying assistance. Page 8 of 15 Revised: 1/04/2012

9 4. SERVICES PROVIDED (Service listed, guidelines for administration) When the Trustee determines an applicant is eligible for assistance, the Trustee may provide Township Assistance in one or more of the following areas in the most practical and economic manner. A. FOOD ASSISTANCE All applicants must have proof that they have filed an application for food stamps and assistance will only be granted in emergency cases, such as theft of food stamps, fire loss or spoilage. Maximum amount available (per two weeks) NUMBER OF PERSONS IN HOUSEHOLD MAXIMUM AMOUNT 1 $ $ $ $ $ $ I.C (b) and 20 directs the Trustee to provide applicants assistance at the Trustee s discretion. 2. I.C (d) PROHIBITS the Trustee of a township of 250,000 or more from providing direct food aid to anyone who is eligible for a food stamp program except for: the period during which the applicant is waiting for acceptance into the food stamp program, loss of food stamps by fire theft or spoilage, a member of the household has a special diet for which food stamps are not adequate, or when the Trustee at her discretion determines supplementary food assistance is necessary. 3. The Trustee adopts these standards at her discretion, even though Knight Township is less than 250,000 in population, to assist in the reasonable administration of Township funds. 4. I.C (c) and (d) permit the Trustee to deny aid until the application has attempted to qualify for any other potentially available public assistance. 5. The maximum amount of assistance available is established at the Trustee s discretion to assist in the reasonable administration of Township funds. Page 9 of 15 Revised: 1/04/2012

10 B. SHELTER ASSISTANCE (For rent, mortgage or contract payment) 1. Applicant must find shelter himself, and landlord must agree to accept vouchers for rent (which means he will receive his rent no sooner than 30 days after rent is due) 2. Rent payments are limited. When amount allowed does not cover entire rent, landlord must promise he will not evict applicant or applicant must obtain balance from other sources (voucher will not be issued unless the applicant has balance in hand) 3. Trustee will pay rent in advance for applicants who are accepted by Public Housing Authority or moving out of a Homeless Shelter. 4. TANF recipients will not get assistance because rent is figured in the amount of the TANF grant. (Personal eligibility standards allow the Trustee to give aid to any applicant, regardless of whether he or she meets the eligibility requirements in an emergency situation) 5. Assistance for mortgages or contract payments is limited to interest. Maximum amount available per month: NUMBER IN HOUSEHOLD MAXIMUM MAXIMUM (Utilities furnished) (Utilities not furnished) 1-2 $ $ $ $ $ $ IC & 20 directs the Trustee to provide shelter assistance at her discretion. Limits on shelter assistance are established by the Trustee at her discretion to assist in the reasonable administration of Township Funds. Page 10 of 15 Revised: 1/04/2012

11 C. BURIAL ASSISTANCE The family may add up to $1, to any service. This amount does not reflect any money due for the opening and closing of a gravesite. 1. Funeral with Visitation & Graveside Service: $2, Adult $ Child (3years or younger) Basic services include: Local transfer of remains to funeral home, embalming, any other preparation of remains, coach to local cemetery, cloth covered wood casket and concrete grave liner. Also included is a visitation of three hours which must include open casket viewing at the Chapel or at the Cemetery. 2. Cremation with Viewing: $2, Basic services, embalming, open casket viewing of three hours, transfer of remains to the funeral home. Return of remains to family. 3. Direct Cremation without Viewing: $ Transfer of remains to the funeral home. Return of remains to the family. 1A. Burial Expenses No assistance provided if deceased had valid life insurance policy at death with face amount of $2, or more. MAXIMUM AMOUNT AVAILABLE: STATUS MAXIMUM AMOUNT Adult $ 2, Child (3 years and under) $ Cremation (with viewing) $ 2, Cremation (without viewing) $ I.C (b) directs the Trustee to superintend the burial and provide the necessary and reasonable burial expenses of any person who dies within her Township without the means to pay for funeral expenses. Limits on burial expenses are established by the Trustee at her discretion to aid in the reasonable administration of Township funds. Page 11 of 15 Revised: 1/04/2012

12 D. UTILITY ASSISTANCE 1. Utility assistance will be provided in limited amounts, and only when a shutoff notice has been received and all other assistance exhausted. 2. Applicant must show: a. bill in his name (or name of other adult in household) b. bill is for applicant s current address c. prior unpaid bill(s) 3. TANF recipients will not receive assistance if they are currently living in subsidized housing or have voluntarily moved from subsidized housing. 4. No assistance will be provided if the applicant fails to utilize the EAP program when available. 5. No assistance will be given if applicant has not paid at least 25% per month on the bill during EAP moratorium. 6. Utilities will be limited to $ per year per household unless Trustee determines otherwise (this includes Vectren & Water) 1-5 I.C (b) 8-10 (b) and 20 direct the Trustee to provide utility assistance at her discretion. Limits on utility assistance are established by the Trustee with discretion to assist in the reasonable administration of Township Funds. 3-5 I.C (c) and (d) permit the Trustee to deny aid until the applicant has attempted to qualify for any other potentially available public assistance. E. CLOTHING/HOUSEHOLD FURNISHINGS Only for extreme emergencies as determined by the Trustee. Only for most basic necessities as determined by the Trustee. 1-2 I.C (b) and 20 direct the Trustee to provide clothes at her discretion. Limits on clothing assistance are established by the Trustee at her discretion to aid in the reasonable administration of Township funds. Page 12 of 15 Revised: 1/04/2012

13 F. MEDICAL ASSISTANCE 1. Assistance provided for hospital services, prescriptions, first aid supplies for minor injuries and illness, optometrist, dentist, etc. 2. Assistance must be obtained in advance of the service being provided unless it is an emergency. 3. No assistance for accidents. 1-3 I.C ,8,10 (b) and 20 directs the Trustee to provide medical assistance at her discretion, but in all cases of emergency, aid shall be provided. G. TRANSPORTATION ASSISTANCE 1. Travel assistance generally limited to buses and gasoline. 2. Transients limited to assistance once every 18 months. 1-2 Same as for Clothing 5. PERSONAL OF THE TRUSTEE I expect my staff to treat each applicant in a courteous, fair and dignified manner at all times. I expect the applicants to behave in a dignified manner, keep children under controlled supervision, assist us in keeping the office clean, and will not create any disturbances. If an applicant refuses to leave when asked, the police will be requested to remove them and criminal charges may be filed. I was elected to serve all of the residents of Knight Township in a fair and impartial manner and will do my best to fulfill all my obligations and duties. Page 13 of 15 Revised: 1/04/2012

14 6. DISALLOWANCE ACTION CODE 1. Income over limitations set by Knight Township Trustee s standards and guidelines. 2. Failure to cooperate fully. VANBUSKIRK V WAYNE TN. 418 NE 2 nd 234 (Indapp, 1981), Vanbuskirk allows the Trustee discretion when determining the reasons for disallowing an application for assistance. 3. Failure to complete affidavit or sign release. I.C , I.C Failure to apply for alternate resources which may be available (including food stamps). I.C (c) and (d) 5. Utility account in name other than recipient s or applicant s (for utility assistance) VANBUSKIRK 6. Failure of person responsible to personally make application. VANBUSKIRK 7. Failure of an applicant to return when requested to Trustee s Office within a reasonable time limit. VANBUSKIRK 8. Voluntary resignation from alternate programs. I.C (c) and (d) 9. Disruption of Knight Township Trustee s Office (drunk, disorderly, etc) 10. Fraudulently filing an affidavit. VANBUSKIRK 11. Loss of other assistance because of a fraudulent act. VANBUSKIRK I.C Failure of landlord to agree to voucher procedures, timetable, or landlord s threat to evict even if limited payment is made. VANBUSKIRK 13. Landlord related to those persons renting or buying on contract. (for rent assistance). VANBUSKIRK 14. Landlord and tenant living at same address; only needier of two is eligible for assistance at any one time. VANBUSKIRK 15. Applicant receiving TANF or Section 8 housing I.C (c) and (d) VANBUSKIRK 16. Type of assistance needed not provided by this office. HOPSON V VANBUSKIRK 17. Trustee does not pay first months rent or deposits for housing except for those accepted by Public Housing Authority. VANBUSKIRK 18. No assistance given for death benefits if insurance policy of $ or more was in effect at the time of death. I.C VANBUSKIRK 19. The Trustee s office will not pay rent for more than 90-day period for any ablebodied person without dependents, or for two or more able-bodied person with dependents. Such a person or persons will be ineligible to receive further rent benefits for a period of 18 months following the receipt of rent benefits, unless he or a member of the household has held gainful employment in the interim. VANBUSKIRK 20. No assistance will be given to those who have received assistance as a transient from the Knight Township Trustee within the previous 18 months. VANBUSKIRK Page 14 of 15 Revised: 1/04/2012

15 21. No rent assistance will be given unless the applicant s rent is at least 30 days in arrears. VANBUSKIRK 22. No assistance for those who live in another township, or did not spend the night prior to their application in Knight Township. VANBUSKIRK and MAJOR VAN DE WALLE. 23. No utility assistance for those who do not utilize EAP. I.C (c) and (d) 24. When the applicant has the means for repayment of the benefits given because of a personal injury, Social Security, Workman s Compensation or Insurance Claim, then the applicant must agree in writing, to repay the Trustee for benefits the he receives from the proceeds of any such claims in the event there is a recovery under the claim less legal expenses, costs and subrogated claims. If the applicant fails to execute such a written agreement, then the application will be disallowed. VANBUSKIRK Page 15 of 15 Revised: 1/04/2012