Swoap

Mitchell v. Swoap

Good Law
113 Cal. Rptr. 75·35 Cal. App. 3d 879
Court of Appeal of CaliforniaDecember 10, 1973Civ. 32835California3,981 words

Opinion

Opinion

Bray, J.

Plaintiffs-appellants appeal from judgment of the Alameda County Superior Court denying motion for permanent injunction.

Questions Presented

1. The regulation of the State Department of Social Welfare defining a “family unit budget” under the Aid to Families with Dependent Children (hereafter AFDC) program does not violate the Social Security Act.

2. The regulation does not violate equal protection of the laws.

Record

Plaintiffs are young, unmarried women, aged at the time of filing the complaint herein, 16 and 17 years, respectively, each the unwed mother of an infant, and each sharing a house with their respective mothers, brothers and sisters, who are also AFDC recipients. Effective November 1, 1971, plaintiffs’ AFDC grants were terminated and they and their children were included as additional “children” on the welfare budgets of their mothers, pursuant to California Department of Social Welfare Eligibility and Assistance Standard (EAS) Regulation section 44-213.31, hereinafter discussed. Plaintiffs then filed this class action to enjoin implementation of those standards. The court denied the relief sought and dismissed the action.

1. No violation of the Social…

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