Lackner

Welfare and Institutions Code (hereafter W&I Code) section 12300 et seq. provide that recipients of public welfare who can remain in their own homes, and whose ability to take care of themselves is “severely impaired,” are eligible for certain homemaking services. They are entitled only to such services as are found reasonably necessary by the county welfare agency’s “determination of need.” They then receive a “monthly cash payment in advance” in accordance with need, but in any event not more than $450, or $505. That sum is in addition to any other welfare benefits due the recipient. The amount so paid appears to be principally a county charge, with some funding by the federal government and perhaps some by the state.

If such recipients are dissatisfied with any action of the county welfare department in reference to the homemaking services, they are given “an opportunity for a fair hearing.” Such a hearing is accorded by the state’s Department of Health (W&I Code, § 10950), whose decision thereon will supersede that of the county welfare agency. And then, if either the county welfare agency, or the recipient, is aggrieved by that ruling judicial review by…