Worcester v. Board of Supervisors

BARNARD, P. J. This is a proceeding in mandamus by which the petitioner seeks to compel the Board of Supervisors of the County of San Diego, the Department of Social Welfare of the State, and the Social Welfare Board of the State to give and render financial aid to one Henrietta Sinohui, a minor, and to pay such aid commencing as of the first day of November, 1940.

The petition alleges that the petitioner is the Probation Officer of San Diego County. That the above-named minor is and was eligible for aid under the “Aid to Needy Children Act” in that her mother is dead, her father is in the penitentiary, she is under the age of 18 years, she is a resident of San Diego County, and she has no income. That she is and was qualified for said aid under sections 1500 to 1526 of the Welfare and Institutions Code. That she received such aid from April 1, 1938 to November 1, 1940. That on December 9, 1940, a petition was filed in the Juvenile Court of San Diego County seeking to make said minor a ward thereof, it being alleged therein that she has no parent or guardian exercising proper parental control; that her aunt, Angie Garcia, with whom she lives, has no visible means of support and is not a fit person to rear said minor; and that by-reason of the reputation of Angie Garcia for dissolute living and her association with persons of ill repute the Department of Public Welfare has withdrawn financial aid .for [885]this minor on the basis of depravity of the aunt. That after a hearing on said petition and on December 20, 1940, the said juvenile court made its order finding that said minor was of the age of 11 years and that the facts stated in the petition are true, adjudging said minor to be a ward of the juvenile court, ordering that she be committed to the custody and control of the probation officer and that she be placed in the home of Angie Garcia, and further ordering the county treasurer to pay $20 per month for the maintenance of said ward in said home. That on October 31, 1940, the board of supervisors of said county discontinued “Aid to Needy Children” for said minor. That on January 10, 1941, an appeal was taken by this petitioner to the State Department of Social Welfare from said decision of the board of supervisors. That on April 25, 1941, the “Board of Social Welfare” determined that the home in which this minor was residing did not meet the standards established by said “Social Welfare Board.” That for said reasons said aid was denied and the action of the board of supervisors was sustained. That pursuant to the provisions of section 114 and 1511 of the Welfare and Institutions Code said Social Welfare Board had previously made and adopted rules and regulations which included “ ‘Adequate Care’ implies a satisfactory standard of living which includes; . . . C. For the child receiving foster care, a boarding home meeting requirements for a licensed home or equivalent standard if living with relatives.” That said board of supervisors and said Social Welfare Board each found that the requirements of eligibility and the standard of care required by law was not met under the conditions in the home where this minor was residing. That for said reason said aid was discontinued. That the board of supervisors and the Social Welfare Board have each acted arbitrarily and illegally in thus refusing such aid. That by thus refusing such aid these boards have illegally attempted to force the removal of this minor from the home of her aunt notwithstanding the fact that the juvenile court has refused to order the removal of said child from said home.