Timmons
Timmons v. McMahon
Opinion
Opinion
Anderson, J.
—Appellant Cynthia Timmons (Timmons) successfully pursued her administrative mandamus action to obtain benefits under the state-mandated Aid to Families with Dependent Children-Foster Care (AFDC-FC) program during a period when she was temporary guardian of two minor children. In the same lawsuit Timmons also sought an ordinary writ of mandate compelling Linda McMahon, Director of the Department of Social Services (Department), to correct the Department’s eligibility policies so that otherwise eligible applicants would not be denied benefits solely because they were temporary rather than permanent guardians; her complaint contained parallel prayers for injunctive and declaratory relief as well. We agree with Timmons that the trial court should have expanded its ruling to mandate compliance with the law and, accordingly, reverse.
I. Background
In the fall of 1988 Timmons petitioned for temporary guardianship for two minor boys to (1) expedite receipt of aid for their benefit and (2) permit her to act on their behalf concerning medical treatment, school decisions, etc. The court issued temporary guardianship papers and thereafter Timmons applied to the San Francisco…