Fry

Fry v. Saenz

Good Law
120 Cal. Rptr. 2d 30·2002 Cal. App. LEXIS 4089·2002 Daily Journal DAR 5033·98 Cal. App. 4th 256·2002 Cal. Daily Op. Serv. 4007
Court of Appeal of CaliforniaMay 8, 2002C038026California14,327 words

Opinion

Lead Opinion

Sims, J.

CalWORKs, which stands for California Work Opportunity and Responsibility to Kids (Welf. & Inst. Code, § 11200), 1 is the renamed and otherwise amended version of California’s former Aid to *260 Families with Dependent Children (AFDC) program. (Stats. 1997, ch. 270, § 50; Legis. Counsel’s Dig., Assem. Bill No. 1542 (1997-1998 Reg. Sess.); see Arenas v. San Diego County Bd. of Supervisors (2001) 93 Cal.App.4th 210, 213-214 [ 112 Cal.Rptr.2d 845 ].) Like the former state AFDC, Cal-WORKs is funded in part by its federal counterpart ( 42 U.S.C. § 601 et seq.), now known as Temporary Assistance for Needy Families (TANF). (§§ 10100-10101, 11200.5.)

CalWORKs is administered by the Department of Social Services (the Department). (§ 11209.) CalWORKs provides aid and services to families with related children under 18 whose parent or parents cannot support them due to death, incapacity, incarceration, unemployment, or continued absence from the home. (§ 11250, subds. (a)-(c).) Section 11253 is the only exception to the cutoff of aid at age 18. (§§ 11250, 11253.)

Section 11253 provides:

“Aid may not be granted under the provisions of this chapter to or in behalf of any child who…

Concurring Opinion

Hull, J.

I concur in the result.

The law in this area is a quagmire; there is no firm ground beneath one’s feet. I agree only that we should remand this matter to the trial court for further evidence and a more complete record. I do so with some reluctance and I write separately to express my reservations.

Even though this mandamus action is brought on behalf of only three petitioners, its reach, if successful, will presumably extend to any person whose education has been delayed at any time by virtue of their having suffered a disability. On this record, that population is unknown and therefore the cost to the state of a decision in petitioners’ favor is unknown. I am willing to return the matter to the trial court to allow the parties to present evidence on this issue, but I suspect that the number of people affected by a *275 ruling in petitioners’ favor is not only unknown but unknowable, either this year, or in future years. I doubt that it is possible to judge accurately, or to even make an informed estimate of, the fiscal impact of a ruling that bars application of the completion rule to an unknown number of persons. And, if that number is as large as I think it may be, a ruling…

Opinion

SIMS, Acting P.J.

CalWORKs, which stands for "California Work Opportunity and Responsibility to Kids" (Welf. & Inst.Code, § 11200), [1] is the renamed and otherwise amended version of California's former Aid to Families with Dependent Children (AFDC) program. (Stats.1997, ch. 270, § 50; Legis. Counsel's Dig., Assem. Bill No. 1542 (1997 Reg. Sess.); see Arenas v. San Diego County Bd. of Supervisors (2001) 93 Cal.App.4th 210, 213-214 , 112 Cal.Rptr.2d 845 .) Like the former state AFDC, Cal-WORKs is funded in part by its federal counterpart ( 42 U.S.C. § 601 et seq.), now known as Temporary Assistance for Needy Families (TANF). (§§ 10100-10101, 11200.5.)

CalWORKs is administered by the Department of Social Services (the Department). (§ 11209.) CalWORKs provides aid and services to families with related children under 18 whose parent or parents cannot support them due to death, incapacity, incarceration, unemployment, or continued absence from the home. (§ 11250, subds.(a)-(c).) Section 11253 is the only exception to the cutoff of aid at age 18. (§§ 11250, 11253.)

Section 11253 provides:

"Aid may not be granted under the provisions of this chapter to or in behalf of any child who…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.