Lydia Reyna and Dolores R. Garcia v. Raymond W. Vowell, Commissioner of Public Welfare, State of Texas, Individually and in His Official Capacity

AINSWORTH, Circuit Judge:

This is a class action by various parents of needy children who seek to obtain additional Aid to Families with Dependent Children (AFDC) by judgment invalidating an alleged administrative practice of Texas which presumes the availability to the entire family of income earned by a child between the age of 18 and 21 who lives in the family’s household. 1 Plaintiffs make the challenge on the theory that Texas’s practice is inconsistent with both federal statutory and constitutional provisions. The District Court sustained defendant’s motion to dismiss. We are unable to…