Carlson

Miller v. Carlson

Good Law
768 F. Supp. 1331·91 Daily Journal DAR 10213·1991 WL 123125·1991 U.S. Dist. LEXIS 8932
United States District Court, Northern District of CaliforniaJune 7, 1991C-91-0676 SAWCalifornia4,857 words

Opinion

Opinion

Weigel, J.

MEMORANDUM AND ORDER

I. BACKGROUND

Plaintiffs are California recipients of Aid to Families with Dependent Children (“AFDC”) who need child care in order to participate in educational or training activities likely to provide them opportunities to secure employment and remove themselves from the welfare rolls. Defendants include the California Department of Social Services (“DSS”), the United States Department of Health and Human Services (“HHS”), and the Directors of DSS, HHS, and the California Department of Finance.

At issue is a provision of the Family Support Act of 1988 which requires all states to guarantee child care to each recipient of AFDC who is participating satisfactorily in an education or training activity approved by the state. 42 U.S.C. § 602 (g)(1)(A)(i)(II).

On March 3, 1991, plaintiffs filed a complaint for declaratory and injunctive relief, contending that defendants have violated their rights under the Family Support Act of 1988, 42 U.S.C. § 602 (g)(1)(A)(i)(II) (Supp.1990), by limiting the guarantee of child care exclusively to AFDC recipients enrolled in the state sponsored employment and training program known as Greater Avenues to Independence…

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