Freitas

This appeal challenges a Contra Costa County Board of Supervisors resolution which establishes lower general assistance payments for parents who live with their adult children and adult children who live with their parents. In effect, the resolution reduces payments to recipients who live with “legally responsible” relatives, and presumptively includes adult children and the parents of adult children within the definition of “legally responsible” relatives. Appellants contend the Welfare and Institutions Code limits the scope of legally responsible relatives to spouses and the parents of minor children. Consequently, appellants conclude the board of supervisors exceeded its authority when it defined legally responsible relatives to include adult children and their parents. We agree with appellants’ argument. Because the trial court found to the contrary, we reverse the judgment.

Background

The Welfare and Institutions Code imposes a duty on each county to “relieve and support” the indigent and disabled within its jurisdiction. (§ 17000; Oberlander v. County of Contra Costa (1992) 11 Cal.App.4th 535, 538 [ 15 Cal.Rptr.2d 182 ].) Payments made pursuant to this duty are…