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HANSEN v. DEPARTMENT OF SOCIAL SERVICES

Docket Nos. B021106, B012398.

193 Cal.App.3d 283 (1987)

238 Cal. Rptr. 232

RACHEL HANSEN et al., Plaintiffs and Respondents, v. DEPARTMENT OF SOCIAL SERVICES et al., Defendants and Appellants. SALVADOR MONTES et al., Petitioners, v. THE SUPERIOR COURT OF VENTURA COUNTY, Respondent; DEPARTMENT OF SOCIAL SERVICES et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division Six.

July 1, 1987.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, Charlton G. Holland, Assistant Attorney General, Ann S. Pressman, Barbara M. Motz and Richard A. Spector, Deputy Attorneys General, for Defendants and Appellants and Real Parties in Interest.

Melinda R. Bird, Robert D. Newman, Richard A. Rothschild, Gary L. Blasi, Michael I. Bodaken, Byron J. Gross, Patricia Nagler, Yvonne Mariajimenez, Colleen Fahey Fearn, Katherine E. Meiss, Edward Barnes, Tamara Dahn, Anita Evans, Joel Harter, Thomas Pulliam, Deborah Dorman, Abby Lassen, Kirk Ah Tye, Elizabeth Arnold, Nancy Mintie, Grace Galligher, Robert K. Miller, M. Ilda Pruneda and M. Carmen Ramirez for Plaintiffs and Respondents and Petitioners.

Frances E. Werner and James Carroll as Amici Curiae on behalf of Petitioners.

No appearance for Respondent Court.

OPINION

ABBE, J.

We consider in these consolidated cases whether California law requires the California Department of Social Services (hereafter referred to as DSS) to provide assistance to homeless families. We find that DSS regulation which limits "emergency shelter care" to children "who must be immediately removed from [their] homes," to be contrary to the plain meaning of Welfare and Institutions Code, sections 16501, subdivision...

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