Shaw

The appeal herein constitutes a sequel to this court’s previous decision (Shaw v. McMahon (1987) 197 Cal.App.3d 417 [ 243 Cal.Rptr. 26 ]) and raises an additional issue concerning entitlement to state-only AFDC (aid to families with dependent children) benefits.

I. Factual Background

A. The AFDC Program

The AFDC program was established in 1935 for the purpose of providing benefits to families whose children were needy because of the death, absence or incapacity of a parent. ( 42 U.S.C. §§ 601 , 606(a); Batterton v. Francis (1977) 432 U.S. 416, 418-420 [ 53 L.Ed.2d 448, 452-453 , 97 S.Ct. 2399 ].) This program which is known in California as AFDC-Family Group *976 (AFDC-FG) provides aid only for single-parent families or families where one of the parents is incapacitated. In 1961, Congress adopted a supplemental program to allow states to provide benefits for two-parent families in which the children became needy due to the unemployment of the parents. The latter program is called AFDC-Unemployed Parent (AFDC-U). ( 42 U.S.C. § 607 ; 45 C.F.R. § 233.100 ; Califano v. Westcott (1979) 443 U.S. 76, 79-80 [ 61 L.Ed.2d 382, 387 , 99 S.Ct. 2655 ].)

California enacted…