§ 22 §4305 — Municipal ordinance required

Maine § 22 §4305

• Jurisdiction: Maine
• Title 22: HEALTH AND WELFARE
• Part 5: MUNICIPAL SUPPORT OF THE POOR
• Ch. 1161: MUNICIPAL GENERAL ASSISTANCE

Text

1.
Program required; ordinance.
A general assistance program shall be operated by each municipality and shall be administered in accordance with an ordinance enacted, after notice and hearing, by the municipal officers of each municipality.
2.
Availability of ordinance.
The ordinance and a copy of this chapter must be available in the town office and be easily accessible to any member of the public. Notice to that effect must be posted. A copy of this chapter must be distributed by the department to each municipality.
3.
Standards of eligibility.
Municipalities may establish standards of eligibility, in addition to need, as provided in this chapter. Each ordinance shall establish standards which shall:
3-A.
Maximum levels of assistance.
Municipalities may establish maximum levels of assistance by ordinance. The maximum levels of assistance must set reasonable and adequate standards sufficient to maintain health and decency. A maximum level of assistance established by municipal ordinance is subject to a review by the department, upon complaint, to ensure compliance with this chapter.
3-B.
Temporary maximum levels.
Notwithstanding subsection 3‑A, municipalities shall establish an aggregate maximum level of assistance that is 110% of the applicable existing housing fair market rents as established by the United States Department of Housing and Urban Development pursuant to 24 Code of Federal Regulations, Section 888.115, applying the zero-bedroom level for one person, the one-bedroom level for 2 persons, the 2-bedroom level for 3 persons, the 3-bedroom level for 4 persons and the 4-bedroom level for 5 persons. For each additional person, the aggregate maximum level increases by $75. For the purposes of this subsection, municipalities with populations greater than 10,000 are deemed Standard Metropolitan Statistical Areas in those counties for which there are 2 fair market rent values and the aggregate maximum level of assistance for all Standard Metropolitan Statistical Areas is the average of the fair market rental values for the Standard Metropolitan Statistical Areas and areas that are not Standard Metropolitan Statistical Areas for each county in which there are 2 fair market rental values.
3-C.
Maximum level of assistance from July 1, 2012 to June 30, 2013.
Notwithstanding subsection 3‑A or 3‑B, for the period from July 1, 2012 to June 30, 2013, the maximum level of assistance is 90% of the maximum level of assistance in effect on April 1, 2012.
3-D.
Maximum level of assistance for fiscal years 2013-14 and 2014-15.
Notwithstanding subsection 3‑A or 3‑B, the aggregate maximum level of assistance for fiscal years 2013-14 and 2014-15 must be set as follows:
3-E.
Maximum levels of assistance for large recovery residences.
Municipalities shall establish maximum levels of assistance for housing assistance provided to or on behalf of a person residing in a recovery residence, as described in section 4309, subsection 6, with occupancy of 26 or more beds, in an amount equal to 70% of the maximum levels of assistance for recovery residences with occupancy of 25 or fewer beds.
4.
Ordinance filed.
Each municipality shall present a copy of the ordinance establishing eligibility standards, maximum levels of assistance, administration and appeal procedures to the Department of Health and Human Services. The ordinance filed must include all forms and notices, including the application form, notice of decision and appeal rights. Any amendment or modification of the municipal ordinance must be submitted to the department.
5.
Review of ordinance.
6.
Assistance by vouchers or contract.
Except when determined impractical by the administrator for good cause shown, assistance is provided in the form of a voucher payable to vendor or vendors or through direct municipal contract with a provider of goods or services.
7.
Appropriate services.
A municipality, in administering a general assistance program, shall provide trauma-informed services and culturally and linguistically appropriate services to all applicants. For purposes of this subsection, "trauma-informed services" means services that acknowledge and are informed by the widespread effects of trauma and recognize the potential paths for recovery; recognize the unique signs and symptoms of trauma in applicants, clients, families and staff; respond by fully integrating knowledge about trauma into policies, procedures and practices; and seek to actively avoid retraumatization. For purposes of this subsection, "culturally and linguistically appropriate services" means services that are designed to serve culturally diverse populations in a person's preferred language; function effectively within the context of cultural beliefs, behaviors and needs presented by a person who applies to or is a recipient of assistance from a general assistance program and the person's community; contribute to a work environment that supports diversity; promote community engagement; build trust and relationships with applicants and recipients; actively support and enable recipients to make informed choices; and value and facilitate the exchange of information with recipients.

Legislative History

PL 1983, c. 577, §1 (NEW). PL 1985, c. 489, §§3,4,14 (AMD). PL 1991, c. 9, §U4 (AMD). PL 1991, c. 209, §§2,3 (AMD). PL 1991, c. 209, §4 (AFF). PL 1991, c. 622, §M23 (AMD). PL 1991, c. 780, §II1 (AMD). PL 1993, c. 410, §§AAA2-5 (AMD). PL 2003, c. 689, §B6 (REV). PL 2005, c. 231, §1 (AMD). PL 2011, c. 655, Pt. R, §1 (AMD). PL 2013, c. 368, Pt. OO, §7 (AMD). PL 2023, c. 575, §3 (AMD). PL 2025, c. 449, §1 (AMD).