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CONCERNED PARENTS OF STEPCHILDREN v. MITCHELL

No. 16870.

645 P.2d 629 (1982)

CONCERNED PARENTS OF STEPCHILDREN, on behalf of their members and all others similarly situated, and Janice Everill, Ellen Lehwalder and Linda Rey, on behalf of themselves and all others similarly situated, Plaintiffs and Appellants, v. Anthony MITCHELL, individually and in his capacity as Executive Director of the Utah Department of Social Services, and Keith Oram, individually and in his capacity as Director of the Office of Assistance Payments Administration, Defendants and Respondents.

Supreme Court of Utah.

March 24, 1982.

Attorney(s) appearing for the Case

Bruce Plenk, of Utah Legal Services, Inc., Salt Lake City, for plaintiffs and appellants.

David L. Wilkinson, Atty. Gen., Paul M. Tinke, Chief Deputy Atty. Gen., and Sharon Peacock, Asst. Atty. Gen., Salt Lake City, for defendants and respondents.

STEWART, Justice:

The basic issue in this case is whether the State of Utah unlawfully terminated benefits for stepchildren paid pursuant to the Aid to Families with Dependent Children (AFDC), a cooperative federal-state welfare-type program administered by the states and funded on a matching fund basis by both the state and federal governments.

The AFDC program was created by Title IV-A of the Social Security Act, 49 Stat. 620, as amended, 42 U.S.C., §...

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