Leonard v. Wagner
The California Department of Social Services (the Department) administers the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, which provides financial assistance on behalf of needy children in foster care. Every eligible foster child may receive AFDC-FC benefits until age 18. (Welf. & Inst. Code, § 11401.[1]) However, an eligible foster child may continue to receive benefits for up to an additional year until the age of 19, if before the age of 18 the child is attending high school or the equivalent level of vocational or technical training on a full-time basis, or is in the process of pursuing a high school equivalency certificate, and the child may reasonably be expected to complete the educational or training program or to receive the high school equivalency certificate, before the age of 19. (§ 11403; hereinafter also referred to as the graduation by 19 requirement.)
Plaintiff Joshua Leonard, as a taxpayer, sought a writ of mandate, and declaratory and injunctive relief, on the ground the Department's enforcement of section 11403 discriminated against certain 18-year-old foster children, who, by reason of their disabilities, cannot reasonably be expected to meet the graduation by 19 requirement. The trial court agreed, declaring that the graduation by 19 requirement â€
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