Hansen

We consider in these consolidated cases whether California law requires the California Department of Social Services (hereafter referred to as DSS) to provide assistance to homeless families. We find that DSS regulation which limits “emergency shelter care” to children “who must be immediately removed from [their] homes,” to be contrary to the plain meaning of Welfare and Institutions Code, sections 16501, subdivision (c) and 16501.1.

A. Procedural Background

1. Montes v. Superior Court

On September 24, 1984, Salvador Montes and Joseph McCarthy (hereinafter referred to as petitioners) filed a taxpayers’ mandamus action in Ventura County seeking to compel DSS and its director to assist homeless aid to families with dependent children (AFDC) families.

On February 1, 1985, petitioners moved for summary adjudication. The motion was denied on March 28, 1985. The trial court ruled that the statutes governing the AFDC program do not compel DSS to extend assistance in finding housing to homeless AFDC recipients. It further determined the Legislature to be the appropriate forum in which to address the issues tendered by petitioners. The court held that petitioners lacked…