Bentley v. Swoap

Opinion

MOLINARI, P. J.

On this appeal from the denial of a writ of mandate the sole issue is whether a person who is physically or mentally disabled

[167]

is entitled to aid under the Aid to Families With Dependent Children program (Welf. & Inst. Code, §§ 11200-11489, incl.

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; hereinafter AFDC) after he attains the age of 18 years.

Appellant is the mother of Timothy M. Donahoe who became 21 years of age on June 5, 1972. On that date Timothy’s benefits under AFDC were terminated by the County of Solano. Such termination was upheld by the Department of Social Welfare following a hearing, and a petition for writ of mandate seeking a determination that Timothy was wrongfully denied such benefits and an order directing the payment of such benefits was denied by the superior court. In the proceedings below it was stipulated that Timothy is so severely mentally retarded that he is permanently disabled.

The Social Security Act (42 U.S.C. §§ 601-610) makes available federal funds to states which submit to and have approved by the Department of Health, Education and W elfare (h ereinafter HEW) plans for aid and services to needy families with children. California has elected to participate in the program by the enactment of AFDC and has obtained HEW’s approval of the program. (See

County of Alameda

v.

Carleson

(1971) 5 Cal.3d 730, 738-739 [97 Cal.Rptr. 385, 488 P.2d 953];

California Welfare Rights Organization

v.

Carleson

(1971) 4 Cal.3d 445, 448-449 [93 Cal.Rptr. 758, 482 P.2d 670];

Hypolite

v.

Carleson