Darces v. Woods

Issue

The Superior Court of Los Angeles County has issued a judgement in the case of Darces v. Woods. The needs of an undocumented alien child must now be considered in treating the income of the minor's parent for eligibility and grant computations.

Date

November 1, 1984 is the effective date of the judgement.

Retroactivity

Retroactive benefits will be paid back to November 1, 1984.

Duration

Until further court action.

History

Currently the regulations make no provision for meeting the needs of an undocumented alien child. Due to the court order, workers were previously instructed to flag cases in which the family included an undocumented alien child. The DEFRA screening stuffers which the State sent out in February 1985, were meant to locate such children. At that time, workers were instructed to hold the stuffers until the implementation materials from the State were complete.

Implementation of the order has been delayed until now because of the review of the Notices of Action by the Turner court consultants

Final Regulations

The State passed regulations, effective August 1, 1991, to allow the needs of ineligible alien children to be met through:

The ineligible alien parent deeming formula; and/or
A deduction from the aided parents income.

[Refer to “Stepparents,” page 22-1]], [Refer to “Ineligible Noncitizen Parents,” page 23-1]], and [Refer to “Voluntary Contributions and Gifts,” page 28-9] for more information and a complete discussion.]