California Department of Social Services - State Hearings Division
Notes from the Training Bureau - June 20, 1996

In Moore v. Anderson (1996) 53 Cal. Rptr. 2d 75, the California Court of Appeal held that AFDC incapacity verification requirements set forth in Manual of Policies and Procedures (MPP) §41-430.22 are a reasonable interpretation of federal incapacity regulations. Specifically, the court held the medical documentation requirements including diagnosis, duration of incapacity, and doctor’s name, address, and phone number are not inconsistent with 45 C.F.R. §233.90(c)(1)(iv) which requires that incapacity be supported by "competent medical testimony."

The court rejected plaintiff’s contentions that (1) incapacity verification is not reasonable for an AFDC foster parent who needs to establish foster care eligibility based on the incapacity of the mother of the prospective foster care child and (2) a mother’s diagnosis as a substance abuser should alone establish incapacity pursuant to Welfare and Institutions Code §300(b), in lieu of medical verification.

The court did not reach the question whether MPP §41-430.2 "would be valid as applied in circumstances where the allegedly incapacitated parent refused to cooperate, and the applicant submits evidence of efforts made to obtain the documentation and of the parent’s refusal to cooperate." The court also did "not preclude respondent (Director Anderson) from accepting other competent medical testimony in lieu of the documentation specified in the state verification regulation...."

In Moore v. Anderson, the California Court of Appeal upheld Judge David Gilson’s state hearing decision.