Woolfolk v. Brown

538 F.2d 598
Court of Appeals for the Fourth Circuit·Decided June 30, 1976·No. No. 75-1730·Published·Cited by 3 cases

Opinion

DONALD RUSSELL, Circuit Judge:

This appeal arises out of a claim of substantial conflict between the Virginia work' incentive program (hereinafter referred to as Work Rules) and the Federal Work Incentive Program (hereinafter referred to as WIN) under the cooperative federal-state AFDC program, as authorized under Title IV of the Social Security Act of 1935, 42 U.S.C., § 601 et seq. It involves a controversy that has long been the subject of litigation between the officers charged with the administration of the AFDC program in Virginia and the plaintiffs, who are persons living in Virginia and entitled to benefits under the cooperative federal-state system and who assert that' their right to such benefits is illegally threatened by the provisions of the Virginia Work Rules.

In the earlier actions, the first system of state-legislated Work Rules was found defective in Woolfolk v. Brown (E.D.Va.1971) [600] 325 F.Supp. 1162. The Commonwealth sought to amend its Rules in order to correct the defects found by the Court in its earlier Work Rules in such decision. But these amended Work Rules were also found invalid by the District Court which issued its order enjoining the application of the State Work Rule to the plaintiff class.1 The Commonwealth then amended a second time its Work Rules and on the basis of these amendments sought the dissolution of the injunction theretofore granted against the Commonwealth and its officers. The District Court concluded a third time that the Rules departed impermissibly from the mandatory standards established by the federal Act and accordingly denied the implementation of Work Rule III.2 It is from this third decision that defendants prosecute their appeal.3 We reverse.

Under the provisions of Title IV of the Social Security Act, a cooperative federal-state program was authorized “through which federal funds would be granted to qualifying States in order to provide aid to dependent children.” Philbrook v. Glodgett (1975) 421 U.S. 707, 709, 95 S.Ct. 1893,1896, 44 L.Ed.2d 525. As a part of this program, it was provided that the Secretary of Labor “shall * * *, establish work incentive programs * * * in each State [qualifying under the Title] and in each political subdivision of [such] State in which he determines there is a significant number of individuals who have attained age 16 and are receiving aid to families with dependent children.” § 632(a), 42 U.S.C. These federal work incentive programs, commonly known as WIN, were not, however, designed to be “all embracing” or “preemptive” in the field of work incentive programs within a State and were to constitute merely “a partial program,” in providing such services to AFDC recipients within the State. There remained with the State itself, under the “scheme of cooperative federalism” contemplated by the Title, “considerable latitude” for developing a work incentive program of its own under Work Rules devised by it to accomplish the very purpose stated in the Virginia Act challenged here, which tracked substantially the statement of the Supreme Court itself in New York Dept. of Social Services v. Dublino (1973) 413 U.S. 405, at 413, 418-20, 93 5. Ct. 2507, 37 L.Ed.2d 688, declaring what is a proper legislative purpose for such Rules.

In Virginia, certain counties have been designated by the Secretary of Labor as WIN areas.4 In such areas, all AFDC recipients are required under the Act to register for inclusion in a work incentive program with the officials in charge of the WIN operation. Under the Virginia Work Rule under attack here, on the other hand, all AFDC recipients living in the non-WIN areas in the State must register for participation in the work incentive program established by the State Work Rules.5 The basic controversy here focuses on the construction of § 602(a)(19)(A)(iii), 42 U.S.C., which provides that AFDC recipients shall register under WIN unless the recipient is “a person so remote from a work incentive project that his effective participation is precluded.”6 The plaintiffs are AFDC re[601] eipients living in the non-WIN areas. They contend that, despite the fact that they are not embraced geographically in WIN, they are entitled under this section of the Act to register and participate in its program, unless it is determined on a “ease-by-case” or individual basis that he lives too remotely for participation, and they argue that the State Work Rules which require their registration under such Rules and which would deny them any right to register under the WIN program impermissibly conflict with § 602(a)(19)(A)(iii). The defendants take the position, on the other hand, that § 602(a)(19)(A)(iii) applies only to AFDC recipients living within the area designated' by the Secretary as a WIN area and has no relevancy to the right of AFDC recipients living without the WIN area. The District Court agreed with the plaintiffs’ construction of the section, stating:

“The only sensible construction of the legislative plan is that, wherever situated, all AFDC beneficiaries have a right to be considered for referral [now registration] to WIN and to be found either appropriate or inappropriate by the local welfare agency.” 393 F.Supp. at 278.

We disagree.

At the outset it should be noted that the construction placed by the District Court on the section would make the Secretary’s designation of a single county or political subdivision as a WIN area “all embracing” within a State. This appears so because, under that construction, every AFDC recipient within a State with a WIN-designated area, irrespective of where he lived in that State, whether in WIN or without, would be entitled to participate unless it was determined on an individual “case-by-case” basis that he was too remote. Such' a construction would make meaningless, as a practical matter, the geographic delineation of WIN as made by the Secretary. It would, also, impose an intolerable administrative burden on welfare officials, who would be forced to review the individual situation of every AFDC recipient in a participating State with even one WIN area in it. It is highly unlikely that Congress, which is alive to the already grievous financial burden borne by both federal and state governments in the administration of the welfare programs, intended by this section to add to those administrative burdens.

In our opinion the section in question is confined in application to AFDC recipients living in the WIN area and is not concerned with such recipients living in non-WIN areas. It relates to the operation of a WIN program; it has no reference to areas without the designated WIN area. It contemplates, as we view it, that, within the WIN area, there may be AFDC recipients too remote from a “project” set up in that area under WIN. It, by this section, was making provision for their exemption from registration under WIN. That and that only was the purpose of the section. Specifically, it was not intended as an exemption in the case of recipients outside the WIN area.

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Woolfolk v. Brown
538 F.2d 598 (Fourth Circuit, 1976)