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78 California Attorney General Reports and Opinions 1 (1995)

handle is hein.sag/sagca0078 and id is 1 raw text is: ATTORNEY GENERAL'S OPINIONS Opinion No. 94-806--January 13, 1995 Requested by: COUNTY COUNSEL, COUNTY OF SANTA BARBARA Opinion by: DANIEL E. LUNGREN, Attorney General Maxine P. Cutler, Deputy THE HONORABLE STEPHEN SHANE STARK, COUNTY COUN- SEL, COUNTY OF SANTA BARBARA, has requested an opinion on the following questions: 1. May a county social services department refuse to grant general assistance benefits to applicants who have outstanding arrest warrants? 2. May a county social services department furnish to the district attorney or other law enforcement personnel a list of general relief appli- cants for the purpose of determining if any applicant is the subject of an outstanding arrest warrant? CONCLUSIONS 1. A county social services department may not refuse to grant general assistance benefits to applicants who have outstanding arrest warrants. 2. A county social services department may not furnish to the district attorney or other law enforcement personnel a list of general relief appli- cants for the purpose of determining if any applicant is the subject of an outstanding arrest warrant. ANALYSIS The Legislature has enacted a comprehensive statutory scheme (Welf. & Inst. Code, §§ 17000-17805)1 directing counties to provide aid and relief to their indigent residents. An indigent person is eligible to receive aid from the county where he or she is a resident (§ 17100), subject to certain property ownership restrictions (§§ 17107, 17111) and work requirements (§ 17200). The fundamental purpose of the legislation is to provide protection, care, and assistance to the needy and distressed people of the state. (§ 10000; Mooney v. Pickett (1971) 4 Cal.3d 669, 672.)2 1 All section references are to the Welfare and Institutions Code unless otherwise indicated. 2 Section 10000 provides in full: T'he purpose of this division [§§ 10000-18999.1] is to provide for protection, care, and assistance to the people of the state in need thereof, and to promote the welfare and happiness of all of the people of the state by providing appropriate aid and services to all of its needy and distressed. It is the legislative intent that aid shall be administered (Matthew Bender & Co., Inc.) January, 1995 I