California Department of Social Services - State Hearings Division
Notes from the Training Bureau - March 11, 1998

The Superior Court of Alameda County ruled in Bass v. Anderson that the state does not have authority under either state or federal law to collect overpayments of AFDC-Foster Care (FC) benefits. This ACL supersedes All-County Information Notice I-20-90 which had advised counties that Welfare and Institutions Code (W&IC) §11004 authorized the collection of such overpayments. Per ACL 97-55, counties may not collect non-fraudulent overpayments of AFDC-FC benefits from individual foster parents. This ACL adds that the Bass order does not affect Foster Family Agency, Adoption Assistance or group home overpayment collection policies, or recovery of overpayments resulting from fraud.