Department of Social Welfare v. County of Kern

California Supreme Court Apr 28, 1947 No. S. F. 17454Published

Before: Carter

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Holding. The court held that the Department of Social Welfare lacks the statutory authority to compel counties to provide additional aid to needy children beyond the maximum amounts established by the Legislature. The statutory provisions regarding additional aid are permissive rather than mandatory, and the Department's regulatory power is limited by the legislative maximums.

Issues

Whether the Department of Social Welfare has the authority to mandate that counties provide additional aid to needy children beyond the statutory maximums.
Whether the statutory use of 'may' regarding additional aid grants the Department power to compel such payments.
Whether the Department's rule-making power regarding minimum standards of care allows it to override legislative caps on aid.

Disposition. denied

Quotations verified verbatim against the opinion

“There is no basis for asserting that the statute imposes a mandatory duty on a county to give additional aid. The matter is left to its discretion.”

“The authority given to the department is limited by the legislative maximum. To hold otherwise would make the $22.50 provision meaningless; that is, as far as the county is concerned.”

CARTER, J.

Petitioner, Department of Social Welfare of the State of California, seeks by mandamus to compel Kern County to grant aid to needy children and their caretaker regardless of the caretaker’s eligibility to general relief. The solution of the1 case rests upon the interpretation of the statutory provisions for aid to needy children (Welf. & Inst. Code, §§ 1500-1580) and the rules adopted by the department pursuant thereto. ......... .

We are concerned here only with needy children who do not receive institutional care. Needy children are described in section 1500 of the Welfare and Institutions Code. The object and purpose of the statute with reference to such children is “. . . to provide aid for children whose dependency is caused by circumstances defined in sections 1500 and 1501 and to keep children in their own homes wherever possible and to provide the best substitute for their own homes for those children who must be given foster care.” (Welf. & Inst. Code, § 1503.) And it is to be liberally construed to effect those objects and purposes. (§ 1507.) A child to qualify. (with certain exceptions not here pertinent) must have been a resident of the state by being physically present therein for one year, or having parents who have been residents for one year, or born here (§ 1525); he must be a resident of the county for a year as residence is there defined (§ 1526). With reference to who must bear the burden of the aid, there is provided out of state moneys to each county for each child

not in excess of

$180 per year, or $15 per month, if the county residence is satisfied, otherwise $270 per year, $22.50 per month (§ 1510). “For each needy child qualifying for aid finder the provisions of this chapter, . . . there shall be paid the sum of . . . ($22.50) per month, or so much thereof as is necessary for the adequate care of the child. The State shall pay 66% per' cent and the.county shall pay 33% per cent of the aid furnished for the adequate care of any needy child who has, a county residence, but the State shall not pay more than . . .

[875]

($15) for any month or portion of a month for any needy child who has such county residence.

[ 1] “Any county

Department of Social Welfare v. County of Kern

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CARTER, J.

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