Bunting v. Juras

This case involves an attack on the validity of Oregon Public Welfare Division Rule 5.436. This rule became effective December 15, 1971. The only part pertinent to the issue before us creates the presumption that the income of a stepfather is an available resource of a child who is eligible for benefits under the Aid to Dependent Children (ADC) provisions of the Social Security Act of 1935 as amended. 42 USC § 601 et seq. (1971); ORS 418.035 to 418.175. The plaintiffs and the class they represent are all mothers receiving ADC benefits on behalf of children who would have their ADC benefits…