Leavitt
State of California v. Leavitt
Opinion
Opinion
I. Background
On remand, the district court ordered CDSS to provide for the review of all foster care cases open on or after March 3, 2003, for benefits eligibility under Rosales’s construction of § 672.2 CDSS was to pay benefits due “for the entire period, subsequent to December 23, 1997, in which the child was entitled to AFDC-FC payments under [Rosales] and was oth- erwise eligible for such benefits and those payments were not paid.” New applications were, of course, to be considered under the statute as construed in Rosales. To begin the pro- cess, CDSS was ordered to issue an All County Letter to the county officials who implement its programs, directing them to review their cases “to determine eligibility in accordance with [Rosales] and consistent with [the district court’s] judg- ment.” The review was to be completed no later than April 17, 2005, with benefits paid within 30 days of an eligibility finding.3 2 The district court filed its first relief order on remand on February 10, 2004. It twice amended the order. The second amended order, filed August 17, 2004, is the one relevant here. 3 The August 2004 Order follows in its entirety: 1. Judgment is hereby entered in…