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BUNTING v. JURAS

502 P.2d 607 (1972)

Veneita BUNTING, Ruby Evans, Individually and On Behalf of All Others Similarly Situated, Respondents, v. Andrew JURAS, Administrator of the Public Welfare Division of the State of Oregon, and Jacob Tanzer, Director of the Department of Human Resources, State of Oregon, Appellants.

Court of Appeals of Oregon.

Decided November 10, 1972.

Attorney(s) appearing for the Case

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for appellants. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

Stanley A. Sitnick, Portland, argued the cause for respondents. With him on the brief was Legal Aid Service, Southeast Office, Portland.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.

LANGTRY, Judge.

This case involves an attack on the validity of Oregon Public Welfare Division Rule 5.436. This rule became effective December 15, 1971. The only part pertinent to the issue before us creates the presumption that the income of a stepfather is an available resource of a child who is eligible for benefits under the Aid to Dependent Children (ADC) provisions of the Social Security Act of 1935 as amended. 42 U.S.C. § 601 et seq. (1971); ORS 418.035...

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