” WESTERN CENTER ON LAW & POVERTY, INC. VANESSA LEE, SBN 216219 DORA LUNA, SBN 187970 RICHARD ROTHSCHILD, SBN 67356 [email protected] 3701 Wilshire Boulevard, Suite 208 Los Angeles, CA 90010 Telephone: (213) 487-7211 Facsimile: (213) 487-024 LEGAL AID FOUNDATION OF LOS ANGELES YOLANDA ARIAS, SBN 130025 [email protected] 5228 Whittier Boulevard Los Angeles, California 90022 Telephone: (213) 640-3923 Facsimile: (213) 640-3911 SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES WENDY CAMACHO, Petitioner, v. CLIFF ALLENBY, Interim Director, California Department of Social Services, and DEPARTMENT OF SOCIAL SERVICES, Respondents ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: BS104207 PETITIONER’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR WRIT OF MANDATE Date: March 17, 2008 Time: 9:30 a.m. Dept: 85 I. INTRODUCTION TC \”I. INTRODUCTION\” \\f C \\l \”1\” California’s welfare-to-work program, CalWORKs, enables welfare recipients to obtain the training and skills needed to secure employment and attain self-sufficiency. As part of welfare-to-work, CalWORKs provides supportive services such as books and supplies known as ancillary expenses to recipients who need them to participate in approved education programs. Petitioner Wendy Camacho, a single mother of an autistic child, is pursuing a nursing degree approved as a CalWORKs education program. At the beginning of the semester, Ms. Camacho purchased books and supplies needed so she could keep up with her classes. Respondents John Wagner and the California Department of Social Services ( CDSS ) refused to pay for the books and supplies because Ms. Camacho bought them before the nursing program was approved a few weeks after the semester began. Ms. Camacho is entitled to a reimbursement under CalWORKs for the books and supplies she purchased because they are exactly the type of supportive services welfare recipients need to succeed in CalWORKs. Necessary supportive services shall be available to every participant in order to participate in the program activity to which he or she is assigned. Welf. & Inst. Code 11323.2(a) TA \\l \”Welf. & Inst. Code 11323.2(a)\” \\s \”Welf. & Inst. Code 11323.2(a)\” \\c 3 . The law does not limit payment for supportive services used in approved education programs to books and supplies purchased only after the program is approved. Respondents must provide payment for supportive services, regardless of when they were purchased, if these items were necessary for participation in the approved education programs. Welf. & Inst. Code 11323.2 TA \\l \”Welf. & Inst. Code 11323.2\” \\s \”Welf. & Inst. Code 11323.2\” \\c 3 ; see also Welf. & Inst. Code 11325.23(d) TA \\l \”Welf. & Inst. Code 11325.23(d)\” \\s \”Welf. & Inst. Code 11325.23(d)\” \\c 3 ( Supportive services reimbursement shall be provided for any participant in a self-initiated training or education program ). Petitioner therefore seeks a writ of mandate requiring Respondents to reimburse her for books and supplies she purchased that were necessary for an education program approved under CalWORKs, California’s welfare-to-work program for families. Ms. Camacho also seeks a writ of mandate requiring Respondents to administer the CalWORKs program properly by reimbursing CalWORKs recipients for supportive services necessary for approved education programs. II. STATUTORY FRAMWORK TC \”II. STATUTORY FRAMWORK\” \\f C \\l \”1\” A. CalWORKs Program TC \”A. CalWORKs Program\” \\f C \\l \”2\” The CalWORKs program provides subsistence cash benefits to low-income families with children. Welf. & Inst. Code 11200 et seq TA \\l \”Welf. & Inst. Code 11200 et seq\” \\s \”Welf. & Inst. Code 11200 et seq\” \\c 3 . In order to receive cash assistance, most adult recipients must work or participate in welfare-to-work ( WTW ) activities for 32 hours per week. Welf. & Inst. Code 11320.3 TA \\l \”Welf. & Inst. Code 11320.3\” \\s \”Welf. & Inst. Code 11320.3\” \\c 3 , 11322.8(a) TA \\l \”Welf. & Inst. Code 11322.8(a)\” \\s \”Welf. & Inst. Code 11320.3, 11322.8(a)\” \\c 3 ; Manual of Policy and Procedures ( MPP ) 42-711.4 TA \\l \”Manual of Policy and Procedures (\\ MPP\\ ) 42-711.4\” \\s \”Manual of Policy and Procedures (\\\”MPP\\\”) 42-711.4\” \\c 6 . The intent of the WTW program is to provide employment and training services to virtually all adult recipients. MPP 42-701.1 TA \\l \”MPP 42-701.1\” \\s \”MPP 42-701.1\” \\c 6 . A county must provide information on the CalWORKs program including a description of the education, employment, and training opportunities and supportive services available to an individual either at the time of application or once the individual is determined to be eligible for aid. Welf. & Inst. Code 11324.8 TA \\l \”Welf. & Inst. Code 11324.8\” \\s \”Welf. & Inst. Code 11324.8\” \\c 3 . The county must also conduct an appraisal of the recipient that includes information on employment history and skills, participation in training opportunities, and available supportive services. Welf. & Inst. Code 11325.2 TA \\l \”Welf. & Inst. Code 11325.2\” \\s \”Welf. & Inst. Code 11325.2\” \\c 3 . After the appraisal, the county must follow a specific sequence of procedures for assigning recipients to WTW activities. Welf. & Inst. Code 11320.1 TA \\l \”Welf. & Inst. Code 11320.1\” \\s \”Welf. & Inst. Code 11320.1\” \\c 3 ; MPP 42-711.5 TA \\l \”MPP 42-711.5\” \\s \”MPP 42-711.5\” \\c 6 . The activities are reflected in a WTW plan that the county and the recipient agree upon. Welf. & Inst. Code 11322.6 TA \\l \”Welf. & Inst. Code 11322.6\” \\s \”Welf. & Inst. Code 11322.6\” \\c 3 . B. Self-Initiated Programs TC \”B. Self-Initiated Programs\” \\f C \\l \”2\” A CalWORKs recipient is not restricted to the usual WTW activity assignment process when the recipient is already in an education or training program. If, prior to appraisal, the recipient is enrolled in an undergraduate degree or certificate program leading to employment, the program may be approved as a Self-Initiated Program ( SIP ). Welf. & Inst. Code 11325.23 TA \\l \”Welf. & Inst. Code 11325.23\” \\s \”Welf. & Inst. Code 11325.23\” \\c 3 ; MPP 42-711.54 TA \\l \”MPP 42-711.54\” \\s \”MPP 42-711.54\” \\c 6 . The time of enrollment must be before the actual appraisal, or before the date of the initial appraisal appointment, if the recipient failed to attend the appointment without good cause. MPP 42-711.541(a) TA \\l \”MPP 42-711.541(a)\” \\s \”MPP 42-711.541(a)\” \\c 6 . In addition to being enrolled in the program, the recipient must satisfy three other requirements for the education program to be approved as a SIP: 1) she must be making satisfactory progress in the program; 2) the county must determine that her continuation in the program is likely to lead to self-supporting employment; and 3) her WTW plan must reflect the county’s determination that the program will lead to employment. Welf. & Inst. Code 11325.23 TA \\l \”Welf. & Inst. Code 11325.23\” \\s \”Welf. & Inst. Code 11325.23\” \\c 6 ; MPP 42-711.541 TA \\l \”MPP 42-711.541\” \\s \”MPP 42-711.541\” \\c 6 . C. Supportive Services TC \”C. Supportive Services\” \\f C \\l \”2\” CalWORKs provides its recipients with supportive services to assist them to work or participate in WTW activities. Necessary supportive services shall be available to every participant in order to participate in the program activity to which he or she is assigned. Welf. & Inst. Code 11323.2(a) TA \\s \”Welf. & Inst. Code 11323.2(a)\” . Supportive services include childcare, transportation, and ancillary expenses, which are defined as the cost of books, tools, clothing specifically required for the job, fees, and other necessary costs. Welf. & Inst. Code 11323.2(a)(3) TA \\l \”Welf. & Inst. Code 11323.2(a)(3)\” \\s \”Welf. & Inst. Code 11323.2(a)(3)\” \\c 3 ; MPP 42-750.11. A participant cannot be required to use her CalWORKs grant to pay for supportive services. MPP 42-750.21 TA \\l \”MPP 42-750.21\” \\s \”MPP 42-750.21\” \\c 6 . Payment for supportive services shall be advanced to the participant, whenever necessary, and when desired by the participant, so that the participant need not use his or her funds to pay for these services. Welf. & Inst. Code 11323.4 TA \\l \”Welf. & Inst. Code 11323.4\” \\s \”Welf. & Inst. Code 11323.4\” \\c 3 . The advanced payment provision covers all forms of supportive services except for child care, where the payment process is governed by the Education Code. Educ. Code 8350 et seq TA \\l \”Educ. Code 8350 et seq\” \\s \”Educ. Code 8350 et seq\” \\c 2 . Self-Initiated Program participants must be reimbursed for necessary supportive services. Supportive services reimbursement shall be provided for any participant in a self-initiated training or education program approved under this subdivision. This reimbursement shall be provided if no other source of funding for those costs is available. Welf. & Inst. Code 11325.23(d) TA \\s \”Welf. & Inst. Code 11325.23(d)\” . \/\/\/ \/\/\/ \/\/\/ III. STATEMENT OF FACTS TC \”III. STATEMENT OF FACTS\” \\f C \\l \”3\” Petitioner Wendy Camacho began receiving CalWORKs benefits in February 2005. Administrative Record tab ( AR: ) 2. She is a single parent of an autistic child. AR:10 at 2. Ms. Camacho enrolled at Cerritos College in 2003. AR:13 at 2. She entered the college’s Associate Degree for Nursing Program in the Spring 2005 semester. AR:10 at 2. After she began receiving her cash grant, Ms. Camacho received a letter from the Los Angeles County Department of Public Social Services ( DPSS ) for an appraisal appointment on February 28, 2005. AR:3. Because Ms. Camacho’s school schedule conflicted with the date, she contacted DPSS to reschedule the appointment. AR:3. DPSS sent Ms. Camacho a form to take to Cerritos College to verify the nursing program as a Self-Initiated Program. AR:7. Ms. Camacho’s classes began on February 22, 2005. AR:5. In order to participate in the nursing program classes, Ms. Camacho needed to purchase books and supplies. AR:10 at 2, line 21. One of her classes scheduled a weekly exam for the entire semester, and she did not want to fall behind on her studies. AR:10 at 2, lines 24-25. On February 22, 2005, Ms. Camacho purchased $212.71 worth of books and supplies using cash and a credit card. AR:6. She made a second purchase of books and supplies, such as a nursing care plans textbook, a pocket medical dictionary, and a nurse’s drug guide, in cash on March 9, 2005, in the amount of $199.07. AR:6. Ms. Camacho had no other source of funds, from the college or otherwise, to pay for the books and supplies and resorted to using her cash grant to cover these expenses. AR:10 at 3, line 20 and at 4, line 1. On March 10, 2005, Ms. Camacho met with DPSS. AR:7. She submitted the SIP verification form. AR:7. DPSS accepted the document and approved the nursing program as a SIP. AR:4. Ms. Camacho requested that DPSS reimburse her for the books and supplies she had purchased. AR: 16 at 9, lines 5-7. DPSS instructed Ms. Camacho to bring the receipts with her to her March 10 appointment. AR:16 at 9, lines 5-7. At the appointment, DPSS refused to reimburse Ms. Camacho because she purchased the items before she signed a welfare-to-work plan. AR:7. Ms. Camacho requested an administrative hearing. AR:9. The Administrative Law Judge upheld DPSS’ decision to deny reimbursement, concluding without citing any legal authority that the county is not liable for ancillary expenses prior to signing a GAIN contract. AR:1 at 2. Ms. Camacho’s request for a rehearing was subsequently denied by operation by law. AR:15. Ms. Camacho timely filed a petition for writ of mandate to challenge the decision in her case and to challenge Respondents’ policy of failing to reimburse CalWORKs recipients for supportive services necessary for approved SIPs. IV. STANDARD OF REVIEW TC \”IV. STANDARD OF REVIEW\” \\f C \\l \”1\” Ms. Camacho seeks an administrative writ of mandate, under Code of Civil Procedure section 1094.5 TA \\l \”Code of Civil Procedure section 1094.5\” \\s \”Code of Civil Procedure section 1094.5\” \\c 2 , and a traditional writ of mandate under Code of Civil Procedure section 1085 TA \\l \”Code of Civil Procedure section 1085\” \\s \”Code of Civil Procedure section 1085\” \\c 2 . Pursuant to Welfare and Institutions Code section 10962 TA \\l \”Welfare and Institutions Code section 10962\” \\s \”Welfare and Institutions Code section 10962\” \\c 3 , Ms. Camacho seeks an administrative writ of mandate to overturn Respondents’ decision in hearing number 05109402. Welfare and Institutions Code section 10962 provides Ms. Camacho with the remedy of filing a petition for writ of mandate under Code of Civil Procedure section 1094.5 TA \\s \”Code of Civil Procedure section 1094.5\” inquiring into the validity of any final administrative order or decision. Civ. Proc. Code 1094.5(a). TA \\l \”Civ. Proc. Code 1094.5(a).\” \\s \”Civ. Proc. Code 1094.5(a)\” \\c 2 In an action for administrative mandamus, the court’s inquiry extends to whether the agency acted in excess of jurisdiction or abused its discretion by not proceeding in the manner required by law . Where jurisdiction involves the interpretation of a statute, regulation, or ordinance, the issue of whether the agency proceeded in excess of jurisdiction is a question of law. Schneider v. California Coastal Commission, 140 Cal. App. 4th 1339, 1343 (2006) TA \\l \”Schneider v. California Coastal Commission, 140 Cal. App. 4th 1339 (2006)\” \\s \”Schneider v. California Coastal Commission, 140 Cal. App. 4th 1339, 1343 (2006)\” \\c 1 . Here, Respondents acted in excess of jurisdiction by failing to comply with the applicable Welfare and Institutions Code sections. When an action concerns a vested fundamental right to welfare benefits, the appropriate standard of review, even on factual questions, is the independent judgment of the Court. Frink v. Prod, 31 Cal. 3d 166 (1982) TA \\l \”Frink v. Prod, 31 Cal. 3d 166 (1982)\” \\s \”Frink v. Prod, 31 Cal. 3d 166 (1982)\” \\c 1 ; Berlin v. McMahon, 26 Cal. App. 4th 66 (1994) TA \\l \”Berlin v. McMahon, 26 Cal. App. 4th 66 (1994)\” \\s \”Berlin v. McMahon, 26 Cal. App. 4th 66 (1994)\” \\c 1 . Ms. Camacho also seeks a traditional writ of mandate, pursuant to Code of Civil Procedure section 1085 TA \\s \”Code of Civil Procedure section 1085\” , ordering Respondents to pay for supportive services necessary for approved SIPs. A traditional writ of mandate will lie to compel the performance of an act which the law specifically enjoins, as a duty resulting from an office, trust, or station Civ. Proc. Code 1085. Where \”‘\”the question is one of public right and the object of the mandamus is to procure the enforcement of a public duty . . .\”‘\” the petitioner \”‘\”need not show that he has any legal or special interest in the result, since it is sufficient that he is interested as a citizen in having the laws executed and the duty in question enforced . . . .\”‘\”Green v. Obledo, 29 Cal.3d 126, 144 (1981) TA \\l \”Green v. Obledo, 29 Cal.3d 126, 144 (1981)\” \\s \”Green v. Obledo, 29 Cal.3d 126, 144 (1981)\” \\c 2 . The writ must be issued in all cases where there is not a plain, speedy, and adequate remedy in the ordinary course of the law. Civ. Proc. Code 1086 TA \\l \”Civ. Proc. Code 1086\” \\s \”Civ. Proc. Code 1086\” \\c 2 . V. ARGUMENT TC \”V. ARGUMENT\” \\f C \\l \”1\” A. the welfare and institutions code does not limit the payment of NECESSARY Supportive Services FOR APPROVED Self-initiated programs only to SERVICES Purchased After the recipient Signs a Welfare-to-Work Plan TC \”A. the welfare and institutions code does not limit the payment of NECESSARY Supportive Services FOR APPROVED Self-initiated programs only to SERVICES Purchased After the recipient Signs a Welfare-to-Work Plan\” \\f C \\l \”2\” The Administrative Law Judge ruled against Ms. Camacho on the ground that [t]here is no authority to support claimant’s allegation that the county is liable for ancillary expenses prior to signing a GAIN contract. AR:1 at 2. The CalWORKs statute, however, does not contain any language limiting the payment of necessary supportive services to expenses occurring after the WTW plan is signed. Rather, the Welfare and Institutions Code requires a recipient to enroll in the education program before signing a WTW plan, and subsequently allows for reimbursement of necessary supportive services for the approved activity. See TA \\s \”Welf. & Inst. Code 11325.23(d)\” Welf. & Inst. Code 11325.23(d) ( Supportive services reimbursement shall be provided for any participant in a self-initiated training or education program approved under this subdivision. ). The necessity of supportive services for a SIP activity does not depend on when a piece of paper is signed. Under Welfare and Institutions Code section 10725 TA \\l \”Welfare and Institutions Code section 10725\” \\s \”Welfare and Institutions Code section 10725\” \\c 3 , CDSS may adopt regulations, orders, or standards of general application to implement [and] interpret the CalWORKs statutes and administer the WTW program. CDSS, however, may not insert [words] in a statutory provision under the guise of interpretation. Kirkwood v. Bank of America, 43 Cal. 2d 333, 341 (1954) TA \\l \”Kirkwood v. Bank of America, 43 Cal. 2d 333 (1954)\” \\s \”Kirkwood v. Bank of America, 43 Cal. 2d 333, 341 (1954)\” \\c 1 . If an agency [a]dministers regulations that alter or amend the statute or enlarge or impair its scope, courts have the obligation to strike down such regulations. Morris v. Williams, 67 Cal. 2d 733, 748 (1967) TA \\l \”Morris v. Williams, 67 Cal. 2d 733 (1967)\” \\s \”Morris v. Williams, 67 Cal. 2d 733, 748 (1967)\” \\c 1 (citation omitted). Respondents’ insertion of a time requirement is a rewriting of the law and impermissibly narrows the scope and purpose of a WTW plan. Id. at 748-749; see also Mooney v. Pickett, 4 Cal. 3d, 669, 681 (1971) TA \\l \”Mooney v. Pickett, 4 Cal. 3d, 669 (1971)\” \\s \”Mooney v. Pickett, 4 Cal. 3d, 669, 681 (1971)\” \\c 1 (regulation invalidated as it impaired the scope of the statute by inserting employability as a basis to deny county cash assistance to single adults). The purpose of a WTW plan is to outline the activity or activities in which the recipient will participate. Welf. & Inst. Code 11322.6 TA \\s \”Welf. & Inst. Code 11322.6\” TA \\s \”Welf. & Inst. Code 11323.2(a)\” . The plan also indicates the type of supportive services needed for the activity assignment(s). Welf. & Inst. Code 11323.2(a) TA \\s \”Welf. & Inst. Code 11323.2(a)\” . In identifying necessary supportive services for WTW activities, the WTW plan does not contain language restricting the time frame of purchases for necessary supportive services. See Welf. & Inst. Code 11323.2(a)(3) TA \\s \”Welf. & Inst. Code 11323.2(a)(3)\” ( As provided in the welfare-to-work plan entered into between the county and the participant , supportive services shall include: Ancillary expenses, which shall include the cost of books, tools, clothing specifically required for the job, fees, and other necessary costs. ). As [t]he courts are loathe to construe a statute which has the effect of ‘adding’ language to a statute (Schneider, 140 Cal. App. 4th at 1345) TA \\s \”Schneider v. California Coastal Commission, 140 Cal. App. 4th 1339, 1343 (2006)\” , Respondents cannot restrict or negate the necessity of a supportive service for an approved activity based on the date a WTW plan is signed. B. Respondents Regularly Issue Payments After a Recipient Enters the public benefit Program TC \”B. Respondents Regularly Issue Payments After a Recipient Enters the public benefit Program\” \\f C \\l \”2\” The issuance of payments after a recipient is in the program is not an unsupported practice in the CalWORKs. CalWORKs does not limit its cash aid payment to a prospective basis. A family approved for cash assistance receives its first benefit payment retroactive to the date of application, regardless of the actual case approval date. MPP 44-317.11 TA \\s \”Welf. & Inst. Code 11323.2(a)(3)\” . Child care Similarly, the food stamp program also issues benefits retroactive to the date of application. MPP 63-300.1 TA \\l \”MPP 63-300.1\” \\s \”MPP 63-300.1\” \\c 6 . CalWORKs recipients who need child care to work or participate in welfare-to-work activities can receive payments for child care up to 30 days before the date they request the service. Welf. & Inst. Code 11323.3(b)(4) TA \\l \”Welf. & Inst. Code 11323.3(b)(4)\” \\s \”Welf. & Inst. Code 11323.3(b)(4)\” \\c 3 ; MPP 47-301.22(b) TA \\l \”MPP 47-301.22(b)\” \\s \”MPP 47-301.22(b)\” \\c 6 , 47-301 et seq TA \\l \”MPP 47-301 et seq\” \\s \”MPP 47-301.22(b), 47-301 et seq\” \\c 6 . Retroactive payments recognize that applicants meet financial eligibility criteria as of the date of application. Respondents require CalWORKs recipients to sign WTW plans within 90 days of being determined eligible for assistance. Welf. & Inst. Code 11325.21 TA \\l \”Welf. & Inst. Code 11325.21\” \\s \”Welf. & Inst. Code 11325.21\” \\c 3 . If Respondents abide by this time limit to appraise and assess their recipients, any issuances of payments for necessary supportive services for approved SIPs will also be limited. Providing a payment for necessary supportive services used in a SIP incurred as of the date of CalWORKs applications reasonably accounts for the CalWORKs recipient’s financial needs while satisfying the aims of the CalWORKs program. C. respondents are legally required to reimburse sip participants for necessary supportive services TC \”C. respondents are legally required to reimburse sip participants for necessary supportive services\” \\f C \\l \”2\” Welfare and Institutions Code section 11325.23(d) TA \\s \”Welf. & Inst. Code 11325.23(d)\” accounts for the unique circumstances of the SIP activity approval process by explicitly providing for reimbursements to recipients approved as SIP participants. Supportive services reimbursement shall be provided for any participant in a self-initiated training or education program approved under this subdivision (emphasis added). Welf. & Inst. Code 11325.23(d) TA \\s \”Welf. & Inst. Code 11325.23(d)\” . Ms. Camacho’s nursing program was approved as a SIP, thus entitling her to a reimbursement. AR:4. The court must apply a plain meaning rule when interpreting words contained in legislative enactments. City of Pasadena v. AT&T Communications of California, 103 Cal. App. 4th 981, 984 (2002) TA \\l \”City of Pasadena v. AT&T Communications of California, 103 Cal. App. 4th 981 (2002)\” \\s \”City of Pasadena v. AT&T Communications of California, 103 Cal. App. 4th 981, 984 (2002)\” \\c 1 . The words reimbursements shall be provided are used specifically in the statute pertaining to supportive services for SIP participants. This phrase appears only in the SIP context of the CalWORKs statutory scheme on payment of non-child care supportive services. The CalWORKs statute otherwise discusses payments for supportive services, excluding child care services, as available for advance payment for the services. Payment for supportive services shall be advanced to the participant, whenever necessary, and when desired by the participant, so that the participant need not use his or her funds to pay for these services. Welf. & Inst. Code 11323.4 TA \\s \”Welf. & Inst. Code 11323.4\” . Because a SIP requires participation in the program before its approval, CalWORKs recipients in Ms. Camacho’s situation cannot request advance payments and must rely on a reimbursement for their necessary supportive services. Only upon approval of the SIP could Ms. Camacho utilize the advanced payment provision of section 11323.4 TA \\s \”Welf. & Inst. Code 11323.4\” . Though she was approved for CalWORKs and engaged in an education activity that ultimately entitled her to supportive services, Ms. Camacho had no mechanism to request an advanced payment for supportive services. She depended solely on DPSS to contact her on the next steps of the CalWORKs process once she became a CalWORKs recipient. Until the SIP approval, Ms. Camacho faced the difficult challenge of using her CalWORKs grant to cover the upfront costs of books and supplies needed for the semester, as well as her living expenses. As she cannot be required to use her CalWORKs grant to pay for supportive services (MPP 42-750.21 TA \\s \”MPP 42-750.21\” ), Respondents must reimburse Ms. Camacho for the books and supplies she purchased before approval of her SIP. Welf. & Inst. Code 11325.23(d) TA \\s \”Welf. & Inst. Code 11325.23(d)\” (supportive services reimbursement shall be provided for any participant in an approved SIP). D. AS A SIP PARTICIPANT MAY incur Supportive service expenses in qualifying for approval of Her SIP, reimbursement for the expenses shall be provided TC \”D. AS A SIP PARTICIPANT MAY incur Supportive service expenses in qualifying for approval of Her SIP, reimbursement for the expenses \\ shall be provided\” \\f C \\l \”2\” A SIP is uniquely different from all other WTW activities as it essentially requires ongoing participation. To be approved for a SIP, an individual must enroll in an education or training activity prior to her appraisal with the county. Welf. & Inst. Code 11325.23 TA \\l \”Welf. & Inst. Code 11325.23\” \\s \”Welf. & Inst. Code 11325.23\” \\c 3 ; MPP 42-711.541(a) TA \\s \”MPP 42-711.541(a)\” . Enrollment means that an individual has applied for and been accepted in a certificate or degree program, and continues to meet or fulfill all conditions, imposed by the institution offering the program, to maintain current enrollment status. MPP 42-711.549 TA \\l \”MPP 42-711.549\” \\s \”MPP 42-711.549\” \\c 6 . In addition to enrollment, the recipient must also show the county that she is making satisfactory progress in the program, and the county must determine that continuing in the program will lead to the recipient’s self-supporting employment. Welf. & Inst. Code 11325.23 TA \\s \”Welf. & Inst. Code 11325.23\” . The recipient’s WTW plan must reflect the county’s determination. Id. As with the timing of enrollment, making satisfactory progress is a criterion in the SIP approval process that requires the recipient’s active engagement with the education or training program. Id. In Ms. Camacho’s case, and in the situations of other recipients in SIPs, determining whether an individual is making satisfactory progress may require the person to already be attending classes in the education program. Continual attendance and progress requires the recipient to have some method of succeeding in her studies such as having the requisite books and supplies necessary to complete assignments. In contrast, Welfare and Institutions Code section 11320.1 TA \\s \”Welf. & Inst. Code 11320.1\” imposes a specific sequence of WTW activities on recipients who do not have education activities in place at their appraisals. Each non-SIP activity only begins after the county assigns it. The county can then prospectively identify and arrange the supportive services needed for participation. The requirements of a recipient to enroll, attend, and make satisfactory progress in an education program before the program is approved inherently establish the rationale for reimbursing the cost of recipient’s supportive services, whether incurred before or after the signing of a WTW plan. Ms. Camacho had to incur the expenses in order to continue in the nursing program that became a SIP. AR:10 at 2, lines 21-25. If Ms. Camacho did not pay for the books and supplies when she needed them for her classes, she likely would have fallen behind on her studies and failed her weekly exams. AR:10 at 2, lines 24-25. The school semester had begun by the time DPSS set an appraisal appointment with Ms. Camacho. AR:10 at 2, lines 5-9. The Administrative Law Judge demonstrated her misunderstanding of the SIP approval process and applied her misunderstanding throughout the hearing. The ALJ advised Ms. Camacho: [Y]ou probably should have waited out the semester if things [were] that tight and you needed the money for books, you could have said, well, I can’t do it this semester, but I’m going to start the following semester. AR:16 at 7, lines 26-27; at 8, lines 1-2. If Ms. Camacho had waited out the semester as suggested by the ALJ, she would not be eligible for a SIP. Ms. Camacho’s supportive services expenses related directly to her qualification for a SIP and her ability to achieve the goals of the CalWORKs program. E. RESPONDENTS MUST PAY FOR SUPPORTIVE SERVICES REGARDLESS OF WHETHER MS. CAMACHO KNEW, BEFORE PURCHASHING HER BOOKS AND SUPPLIES, THAT HER SIP WOULD BE APPROVED TC \”E. RESPONDENTS MUST PAY FOR SUPPORTIVE SERVICES REGARDLESS OF WHETHER MS. CAMACHO KNEW, BEFORE PURCHASHING HER BOOKS AND SUPPLIES, THAT HER SIP WOULD BE APPROVED\” \\f C \\l \”2\” The Administrative Law Judge erroneously concluded that denying payment of the supportive services was proper because Ms. Camacho did not know if the county would approve her attending Cerritos College when she enrolled for classes in February 2005 and [she] enrolled anyway. AR:1 at 2. The ALJ stated: [N]o one is disputing that what [Ms. Camacho] did, you know, was a good thing going to school and getting your nursing degree , but you did this on your own dime. You did this without a contract with the County. I guess I don’t understand why you think the County should pay for something that wasn’t approved when you started school. AR:16 at 8, lines 15-18. This position, however, runs contrary to the legal requirements for qualifying for a SIP. Having a program approved for a SIP requires enrollment in that program first. Welf. & Inst. Code 11325.23 TA \\s \”Welf. & Inst. Code 11325.23\” . CalWORKs participants must make a leap of faith by enrolling before their SIPs can be approved. Welfare and Institutions Code section 11325.23(d) TA \\s \”Welf. & Inst. Code 11325.23(d)\” responds to this act of faith by providing for reimbursement of necessary expenses once the SIP is approved. Ms. Camacho’s enrollment in the nursing program before knowing whether the program qualified for a SIP was the normal process to having her nursing program qualify for a SIP. Ms. Camacho complied with all rules regarding SIPs and should be reimbursed for the necessary supportive services she incurred after applying for CalWORKs. When DPSS approved Ms. Camacho’s SIP, Respondents obligated themselves to reimburse Ms. Camacho for the necessary supportive services she incurred to participate in the approved SIP. F. MS. CAMACHO IS ENTITLED TO RELIEF UNDER CODE OF CIVIL PROCEDURE SECTIONS 1094.5 TA \\s \”Code of Civil Procedure section 1094.5\” AND 1085 TC \”F. MS. CAMACHO IS ENTITLED TO RELIEF UNDER CODE OF CIVIL PROCEDURE SECTIONS 1094.5 AND 1085\” \\f C \\l \”2\” Ms. Camacho may properly pursue writs of mandate under both Code of Civil Procedure section 1094.5 TA \\s \”Code of Civil Procedure section 1094.5\” and 1085 TA \\s \”Code of Civil Procedure section 1085\” . Mandamus under section 1094.5 is appropriate to inquire into the validity of any final administrative order or decision made as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and discretion in the determination of facts is vested in the inferior tribunal . (Code Civ. Proc., 1094.5, subd. (a) TA \\s \”Civ. Proc. Code 1094.5(a)\” .) Conlan v. Bonta 102 Cal. App. 4th 745, 752 (2002) TA \\l \”Conlan v. Bonta 102 Cal. App. 4th 745 (2002)\” \\s \”Conlan v. Bonta 102 Cal. App. 4th 745, 752 (2002)\” \\c 2 . However, [w]here a petition challenges an agency’s failure to perform an act required by law rather than the conduct or result of an administrative hearing, the remedy is by ordinary mandate pursuant to Code of Civil Procedure section 1085 TA \\s \”Code of Civil Procedure section 1085\” . Id. Section 1094.5 TA \\s \”Code of Civil Procedure section 1094.5\” does not preclude a broader challenge to agency conduct or procedures alleged to breach the agency’s statutory obligation. Id., citing Timmons v. McMahon, 235 Cal. App. 3d 521 (1991). TA \\l \”Timmons v. McMahon, 235 Cal. App. 3d 521 (1991).\” \\s \”Timmons v. McMahon, 235 Cal. App. 3d 521 (1991).\” \\c 1 It is not inconsistent to award relief under both sections 1094.5 TA \\s \”Code of Civil Procedure section 1094.5\” and 1085 TA \\s \”Code of Civil Procedure section 1085\” of the Code of Civil Procedure. Conlan v. Bonta, 102 Cal. App. 4th at 752 TA \\s \”Conlan v. Bonta 102 Cal. App. 4th 745, 752 (2002)\” . VI. CONCLUSION TC \”VI. CONCLUSION\” \\f C \\l \”1\” For all of the foregoing reasons, Ms. Camacho requests that this Court issue a writ of mandate under Civil Procedure Code section 1094.5 TA \\s \”Code of Civil Procedure section 1094.5\” reversing the administrative decision and requiring Respondents to reimburse her for supportive service ancillary expenses. Ms. Camacho further requests that this Court issue a writ of mandate under section 1085 TA \\s \”Code of Civil Procedure section 1085\” requiring Respondents to pay for supportive services necessary for participation in a SIP activity to CalWORKs recipients who must incur such expenses before their SIPs have been approved. Dated: _______________ Respectfully submitted Western Center on Law & Poverty LEGAL AID FOUNDATION OF LOS ANGELES _________________________________ Vanessa Lee Attorneys for Petitioner TABLE OF CONTENTS PAGE NO. 2I. INTRODUCTION 3II. STATUTORY FRAMWORK 3A. CalWORKs Program 3B. Self-Initiated Programs 4C. Supportive Services 5III. STATEMENT OF FACTS 6IV. STANDARD OF REVIEW 7V. ARGUMENT 7A. the welfare and institutions code does not limit the payment of NECESSARY Supportive Services FOR APPROVED Self-initiated programs only to SERVICES Purchased After the recipient Signs a Welfare-to-Work Plan 9B. Respondents Regularly Issue Payments After a Recipient Enters the public benefit Program 9C. respondents are legally required to reimburse sip participants for necessary supportive services 11D. AS A SIP PARTICIPANT MAY incur Supportive service expenses in qualifying for approval of Her SIP, reimbursement for the expenses shall be provided 12E. RESPONDENTS MUST PAY FOR SUPPORTIVE SERVICES REGARDLESS OF WHETHER MS. CAMACHO KNEW, BEFORE PURCHASHING HER BOOKS AND SUPPLIES, THAT HER SIP WOULD BE APPROVED 13F. MS. CAMACHO IS ENTITLED TO RELIEF UNDER CODE OF CIVIL PROCEDURE SECTIONS 1094.5 AND 1085 14VI. CONCLUSION TABLE OF AUTHORITIES PAGE NO. Cases Berlin v. McMahon, 26 Cal. App. 4th 66 (1994) 7 City of Pasadena v. AT&T Communications of California, 103 Cal. App. 4th 981 (2002) 10 Conlan v. Bonta 102 Cal. App. 4th 745 (2002) 13 Frink v. Prod, 31 Cal. 3d 166 (1982) 7 Green v. Obledo, 29 Cal.3d 126, 144 (1981) 7 Kirkwood v. Bank of America, 43 Cal. 2d 333 (1954) 8 Mooney v. Pickett, 4 Cal. 3d, 669 (1971) 8 Morris v. Williams, 67 Cal. 2d 733 (1967) 8 Schneider v. California Coastal Commission, 140 Cal. App. 4th 1339 (2006) 6, 9 Timmons v. McMahon, 235 Cal. App. 3d 521 (1991). 13 TOA \\h \\c \”2\” \\p Statutes and Regulations Civ. Proc. Code 1085 6, 7, 13, 14 Civ. Proc. Code 1086 7 Civ. Proc. Code 1094.5 6, 13, 14 Civ. Proc. Code 1094.5(a) 6, 13 Educ. Code 8350 4 MPP 42-701.1 3 MPP 42-711.4 3 MPP 42-711.5 3 MPP 42-711.54 3 MPP 42-711.541 4 MPP 42-711.541(a) 3, 11 MPP 42-711.549 11 MPP 47-301 9 MPP 42-750.11 4 MPP 42-750.21 4, 11 MPP 44-317.11 9 MPP 47-301.22(b) 9 MPP 63-300.1 9 Welf. & Inst. Code 10725 8 Welf. & Inst. Code 10962 6 Welf. & Inst. Code 11200 3 Welf. & Inst. Code 11320.1 3, 11 Welf. & Inst. Code 11322.6 3, 8 Welf. & Inst. Code 11322.8(a) 3 Welf. & Inst. Code 11323.2 2 Welf. & Inst. Code 11323.2(a) 2, 4, 8 Welf. & Inst. Code 11323.2(a)(3) 4, 8, 9 Welf. & Inst. Code 11323.3(b)(4) 9 Welf. & Inst. Code 11323.4 4, 10 Welf. & Inst. Code 11324.8 3 Welf. & Inst. Code 11325.2 3 Welf. & Inst. Code 11325.21 9 Welf. & Inst. Code 11325.23 3, 4, 11, 13 Welf. & Inst. Code 11325.23(d) passim Welf. & Inst. Code 11320.3 3 \ufffd John Wagner was appointed Director of the Department of Social Services on April 24, 2007, and is named in his official capacity. \ufffd DPSS later paid Ms. Camacho $169, mistakenly assuming it had paid for the March 9th purchases. AR:13, at 3, line 17. The amount, however, corresponds with an advance payment request that Ms. Camacho submitted to DPSS. AR:11. An additional error is that the advance payment request included one of the items in dispute for a reimbursement, in the amount of $31.85. The amount Ms. Camacho seeks as a reimbursement is $377.20. \ufffd Prior to CalWORKs, California’s welfare program operated under the name of Aid to Families with Dependent Children (AFDC) and its welfare-to-work structure know as GAIN Greater Avenues to Independence. The Administrative Law Judge continued to use pre-CalWORKs reference to the AFDC GAIN program in her decision, including reference to a GAIN contract. \ufffd The definitions of reimbursement are: the act of reimbursing. Def. reimburse: 1. to pay back (an equivalent for something taken, lost, or expended) to someone. 2. to make restoration or payment of an equivalent to. Webster’s Third New International Dictionary of the English Language Unabridged, 1966; and 1. Repayment. 2. Indemnification. Black’s Law Dictionary 7th Edition, 1990. – 1 – ______________________________________________________________________________________________________ PETITIONER’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR WRIT OF MANDATE ”