McMahon

Introduction

This appeal raises the issue of the validity of an administrative regulation of the Department of Social Services to limit reimbursement to the County of Los Angeles for emergency shelter costs for abused children. The County of Los Angeles contends the regulation which places a time limitation on social services provided at MacLaren Children’s Center is in excess of the department’s authority and that it is futile to attempt to exhaust administrative remedies for relief from the departments audits.

Plaintiff and appellant County of Los Angeles (County) appeals from the judgment entered following the grant of the motion for summary judgment of defendant and respondent Linda S. McMahon, Director (Director) of the Department of Social Services of the Health and Welfare Agency of the State of California (Department) on the County’s causes of action for declaratory and injunctive relief. The County challenged the Department’s authority to adopt and apply regulation 30-158.3, an auditing rule which placed a time limitation on the state’s reimbursement for emergency shelter care costs at MacLaren Children’s Center (MacLaren) to the County’s claims for…