Merced County v. Department of Social Welfare

[541]

VAN DYKE, P. J.

This is an appeal from a judgment directing that a peremptory writ of mandate issue commanding the Social Welfare Board to annul its decision ordering the Department of Social Welfare to withhold state and federal funds for assistance and administration of the Aid to Needy Children Program of Merced County.

The State Department of Social Welfare is required to supervise the administration of state aid to all persons receiving or eligible to receive state aid (Welf. & Inst. Code, § 113), and the department is required to “Establish rules and regulations not in conflict with law or the policies formulated by the board, defining and controlling the conditions under which State aid may be granted or refused” and “Terminate any grants in aid to any county if the laws providing such grants,

or the minimum, standards prescribed by the board,

are not complied with by the county or its officers or employees.” (Welf. & Inst. Code, § 114.) (Emphasis added.)

It is the object and purpose of the Legislature in providing aid to needy children to keep children in their own homes wherever possible. (Welf. & Inst. Code, § 1503.) The state board is required to make rules and regulations for the proper maintenance and care of needy children and for the administration of aid to needy children. Such rules and regulations are binding upon the counties. (Welf. & Inst. Code, § 1560.)

To aid each state in furnishing financial assistance to needy dependent children the United States provides funds to each state. To receive these funds each state must submit, and have approved by the federal administrator, a state-wide plan for aid for needy children. (42 U.S.C.A. § 601.) The state plan must provide that it shall be in effect in all political subdivisions of the state. (42 U.S.C.A. § 602.) It must be applied uniformly throughout the state. Federal participation is available through assistance payments made on the basis of the need of the individual. This basis may include consideration of needy persons living in the same home with the recipient when such other persons are within the state’s policy as essential to his well being. (Department of Health Education and Welfare, Handbook of Public Assistance Administration, part IV, § 3132.)