Challenging Child Exclusion in California State Court

Franklin, Erica
May 2011
Berkeley Journal of Gender, Law & Justice;2011, Vol. 26, p1
Academic Journal
This article contends that California's child exclusion policy, which prevents children from receiving CalWORKS funds if their mothers received cash assistance for ten months prior to giving birth, runs afoul of the unconstitutional conditions doctrine as interpreted by the California Supreme Court. After examining the historical underpinnings and current impact of the child exclusion policy, the author argues that California's expansive view of the unconstitutional conditions doctrine, as articulated in the analogous context of abortion funding, renders California courts uniquely amenable to a legal challenge of the child exclusion policy.


Related Articles

  • Children.  // Nolo's Guide to California Law (9781413304916);Jun2008, p9 

    The article discusses various legal provisions in California including adoption, age of maturity, child abuse and neglect related to children . According to law, adoption of children is a court procedure by which an adult legally becomes the parent of someone who is not that person's biological...

  • Children. Guerin, Lisa // Nolo's Guide to California Law;8/ 1/2011, p11 

    The article discusses several legal issues and processes in California involving children. These include adoption, age of majority, and birth certificates as well as related topics such as employees' rights, government benefits, and inheritance and wills. The article also offers a list of legal...

  • CHAPTER 5: Preparing Forms to File for a Guardianship. Brown, David; Doskow, Emily // Guardianship Book for California;2/1/2011, p81 

    This section presents a discussion on how to prepare forms to file for a guardianship in California. Various legal documents are needed to file for a legal guardianship, which include Petition for Appointment of Guardian of Minor(s), Child Information Attachment and Declaration Under Uniform...

  • State Funding of Abortion Under Medicaid.  // State Policies in Brief (Series);Apr2014, p1 

    The article reports on the Hyde Amendment which prohibits the use for federal funds for abortion under the federal-state medicaid programs for low-income women in the U.S. It mentions that some states use its own funds to pay for all medically necessary abortions specified by its State court...

  • So Long as Lawmakers Do Not Use the N-Word: The Maximum Family Grant Example of How the Equal Protection Clause Protects Racially Discriminatory Laws. McBurney, Eric // Journal of Gender, Race & Justice;Spring2011, Vol. 14 Issue 2, p497 

    The article discusses the Maximum Family Grant (MFG) law, which focuses on the equal protection clause defending racially discriminatory laws in California. Under the MFG law, a child will be excluded from increased aid if he/she is born into a family that has received assistance for 10 or more...

  • Pro-choice advocates stay determined in face of Hyde loss.  // Nation's Health;Aug93, Vol. 23 Issue 7, p5 

    Reports on the House voting to continue the Hyde Amendment that would ban abortion funding for poor women, except under dire circumstances. Comment from American Public Health Association Executive Director William McBeath in a letter to lawmakers.

  • Senate sustains ban on federal funds for abortions.  // Human Events;9/27/96, Vol. 52 Issue 36, p27 

    Reports on the US Senate's approval of a motion to kill an amendment to permit federal employee health insurance plans to pay for elective abortions. Features of the measure; Arguments against the measure; List of senators voting for and against the measure.

  • Judiciary Committee OKs abortion bill on party lines. Hooper, Molly K. // Hill;3/4/2011, Vol. 18 Issue 28, p4 

    The article reports on the approval of the No Taxpayer Funding for Abortion Act which refuse federal funding for abortions in the U.S.

  • Victory: 9th Circuit Court rules Prop 8 is unconstitutional.  // Empty Closet;Mar2012, Issue 454, p5 

    The article reports that the U.S. 9th Circuit Court of Appeals decided that Proposition 8 proposed by the California courts is a breach to the Equal Protection Clause of the U.S. Constitution. The court defended the decision stating that the proposition deprives homosexuals in California their...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics