Anderson

Eloise Anderson, as the Director of the California Department of Social Services (Department), appeals from the superior court’s issuance of a writ of mandate directing the Department to reevaluate California’s “need standard” under the Aid to Families with Dependent Children (AFDC) *453 program and to publish the results of the reevaluation. In issuing the writ, the court found that California had failed to comply with 42 United States Code section 602 (h) (hereafter section 602(h)), which requires a state participating in the AFDC program to reevaluate its need standard at least once every three years and report the results of the reevaluation to the United States Department of Health and Human Services (HHS) and the public. The Department contends that the trial court erred in finding that California’s reevaluation of its need standard did not satisfy section 602(h). We agree. Therefore, we reverse.

Background

AFDC is a categorical assistance program that the United States Congress established under the Social Security Act of 1935 (1935 Act). (King v. Smith (1968) 392 U.S. 309, 313 [ 20 L.Ed.2d 1118, 1123 , 88 S.Ct. 2128 ].) Congress designed AFDC “to provide…

Concurring and Dissenting. — I concur in the majority opinion to the extent it holds that mandamus relief was available to petitioners California Housing and Homeless Coalition. However, I dissent from that portion of the majority opinion which holds that California (State) has complied with 42 United States Code section 602 (h) (sometimes referred to herein as section 602(h)). I would affirm the judgment of the lower court on this point.

At the heart of this case lies a disagreement concerning the kind of reevaluation section 602(h) requires. Petitioners contend the State must reevaluate the need standard every three years to determine whether it reflects the true cost of obtaining essential needs such as food, clothing, and shelter. The State, on the other hand, maintains that “reevaluation” merely means that it must set a need standard by balancing available fiscal resources against the social needs of Aid to Families with Dependent Children (AFDC) recipients. In other words, petitioners argue that section 602(h) requires states to make a good faith effort to determine the true cost of obtaining basic necessities, while the State contends it must merely establish a need…

Eloise Anderson, as the Director of the California Department of Social Services (Department), appeals from the superior court's issuance of a writ of mandate directing the Department to reevaluate California's "need standard" under the Aid to Families with Dependent Children (AFDC) program and to publish the results of the reevaluation. In issuing the writ, the court found that California had failed to comply with 42 United States Code section 602 (h) (hereafter section 602(h)), which requires a state participating in the AFDC program to reevaluate its need standard at least once every three years and report the results of the reevaluation to the United States Department of Health and Human Services (HHS) and the public. The Department contends that the trial court erred in finding that California's reevaluation of its need standard did not satisfy section 602(h). We agree. Therefore, we reverse.

AFDC is a categorical assistance program that the United States Congress established under the Social Security Act of 1935 (1935 Act). ( King v. Smith (1968) 392 U.S. 309, 313 [ 20 L.Ed.2d 1118, 1123 , 88 S.Ct. 2128 ].) Congress designed AFDC "to provide financial…