County of Los Angeles v. Lane

VALLÉE, J.

The county of Los Angeles brought this action pursuant to section 2224 of the Welfare and Institutions Code

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to recover old age aid paid to defendant’s mother. The county had judgment from which defendant appeals.

About November 1, 1944, the Board of Supervisors of the County of Los Angeles granted the application of Selma B. Lane, mother of defendant, for aid to the aged, and during the period from November 1, 1944, to December 31, 1947, the county paid $1,747 to her. The amounts of the payments were determined by the board pursuant to the provisions of section 2020 based on the needs of the recipient, after deducting from the amounts of such needs the sum of $15 each month paid directly to her by defendant. The board determined that defendant was pecuniarily able to contribute to the support of his mother on August 15, 1944, June 4, 1945, December 10, 1946, and May 13, 1947.

Defendant failed to make the contributions determined by the board of supervisors,—hence this action.

Section 2181, in relevant part, provides: “The board of supervisors, directly or through an authorized investigator, shall upon receipt of an application for aid, promptly, with

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out any unnecessary delay, and with all diligence make the necessary investigation. Such investigation shall be completed within 60 days after receipt of the application.

“The board shall upon receipt of the report of the investigation determine the ability of responsible relatives to contribute to the support of applicant and designate the amount of aid, if any, to be granted. The maximum degree of liability of the responsible relative shall be determined by ‘Relatives’ Contribution Scale.’ ” The section establishes a relatives ’ maximum contribution scale based upon the monthly income of the relative and the number of persons dependent on that income for support.

Section 2224, in relevant part, provides: “The board of supervisors shall determine if the applicant or recipient of aid has within the State a spouse or adult child pecuniarily able to contribute to the support of the applicant or recipient of aid. A brief form shall be sent to the relative inquiring whether the relative is in fact contributing and will continue to contribute to the support of the applicant pursuant to the provisions of Section 2181. This form shall be completed by the relative as a sworn statement. . . .