Edwards

The plaintiffs in this case are a class of applicants or recipients for Aid to Families with Dependent Children (“AFDC”) who live in households comprised of two or more non-sibling dependent children and a single caretaker relative, or a relative married couple. *155 They challenge regulations of the California Department of Social Services, MPP § 44-205.31 and its successor, § 82-824.1. Those regulations combine into one “assistant unit” or “family budget unit” AFDC recipients in the position of plaintiffs. Plaintiffs contend that the challenged regulations violate federal law and regulations by improperly presuming that the resources of a caretaker will be made available to all of the children within his or her care even though the caretaker is not legally responsible for their support.

In Beaton v. Thompson, 913 F.2d 701 (9th Cir.1990), this court held invalid a virtually identical regulation of the State of Washington as inconsistent with federal law and regulation. The defendants here, the Director of the California Department of Social Services and the Director of the California Department of Finance, argue that Beaton was erroneously decided and should be overruled. We do…