Leach

On April 11, 1972, petitioner Joseph Leach filed in the Superior Court of Sacramento County a petition for writ of mandamus and declaratory relief to reverse a fair hearing decision of the Director of the State Department of Social Welfare (“Director”) and to declare the regulations under which the Director acted to be invalid. The trial court found in favor of the petitioner and granted a peremptory writ of mandate. The Director appeals.

Petitioner has been a recipient of ATD (aid to the totally disabled) since 1962. His eligibility for a basic subsistence grant is based upon the multiple afflictions he suffers. Because of the physical limitations which these conditions cause, petitioner has required and received an attendant care grant to pay for needed services. This attendant performs many duties for petitioner, including bathing him and attending to his toilet needs.

Until December of 1970, petitioner received the maximum attendant care allowance of $300 per month. After he married Mrs. Leach, petitioner’s attendant care grant was reduced by the County of San Francisco to $200 pursuant to former EAS section 44-239.264. That regulation fixed a maximum $200 per month…