Norman

In this action we consider whether needy and dependent children may receive foster care benefits when they reside with a former stepparent. We conclude they are entitled to such benefits under the state foster care program, and reverse the judgment accordingly.

Facts

The underlying facts are not disputed. Appellant Laverne Norman was married to Jeffery Montgomery. In 1981, Jeffery’s two daughters by a former wife, Tina and Julie, were removed from their mother’s home by the juvenile court and placed with their father and appellant. In 1984, the marriage between appellant and Montgomery was dissolved and Tina and Julie remained with their father. Nine months later, Montgomery brought the two girls to appellant and asked her to keep them in her home. She agreed, and became their legal guardian in February, 1986.

In October 1985, appellant sought and received aid to families with dependent children-family group (AFDC-FG) benefits. However, in September 1987, Sonoma County notified appellant that her AFDC-FG benefits would end, because her income exceeded the allowable maximum. Appellant appealed from the notice of action.

That same month, appellant applied for aid to…