Montana Attorney General Opinion 17-151

Opinion No. 151. Public Welfare - C 0 u n t y Depart- ments-Duty to Receive and Consider Applications. HELD: A County Department of Public Welfare may not deny any resi- dent the right to make application for assistance under Chapter 82, Laws of 1937. It is the duty of the County De- partment of Public Welfare to accept and consider all applications for as- sistance. September 3, 1937. Hon. I. M. Brandjord, Administrator State Department of Public vVelfare Helena, Montana Dear Sir: We have your communication of re- cent date in which you quote a resolu- tion passed by the Board of County Commissioners of Lake County, as fol- lows: "Be it resolved by the Board of Public Welfare of Lake County, Mon- tana, all members present and con- curring, that all Indian relief cases be rejected on a basis of need since they all have an interest in community property which is sufficient to meet their needs. The problem of receiving their interest in the community prop- erty when they need it is a problem of the tribe and not ~f the County Welfare Department. * * *" You have requested an opinion as to whether or not the said resolution sets forth sufficient grounds for the blanket rejection of applications. . Assistance under all parts of Chap- ter 82, Laws of 1937, is based upon need. Every resident of the State of Montana has the legal right under the provision of this act to make applica- tion to the County vVelfare Department for assistance. It is the duty of the county department to accept such ap- plication and make an investigation thereon. It is their further duty after such investigation and considdration ther~on,. to make a grant, or to deny the applicatIOn. However, each application must be considered upon its own merits,. and the making of the grant, or demal must be based upon the need of the applicant as shown from such investigation. The resolution in question, in effect, denies the right of a certain class of residents to make application for as- sistance. It is therefore my opinion that a county board of public welfare may not deny any resident the right to make application for assistance under Chapter 82, and may not refuse to con- sider an application when presented.