HORACE v. McGINNIS

No. 1448.

494 P.2d 534 (1972)

Margaret HORACE, on her own behalf and as parent and next friend of her child, Linda Horace, Evelyn Bailey, on her own behalf and as parent and next friend of her child, Linda Bailey, all on their own behalf and on behalf of all other persons similarly situated, Appellants, v. Frederick P. McGINNIS, Commissioner, Alaska Department of Health and Welfare, and Stanley P. Harris, Director, Alaska Division of Public Welfare, Appellees.

Supreme Court of Alaska.

March 13, 1972.


Attorney(s) appearing for the Case

Linn H. Asper, Alaska Legal Services, Fairbanks, Phillip B. Byrne, Alaska Legal Services, Anchorage, for appellants.

John E. Havelock, Atty. Gen., Juneau, Monroe N. Clayton, Dist. Atty., Lyle R. Carlson, Asst. Dist. Atty., William Christian, Asst. Atty. Gen., Fairbanks, Richard A. Bradley, Acting Deputy Atty. Gen., Juneau, for appellees.

Before BONEY, C.J., and RABINOWITZ, CONNOR and ERWIN, JJ.


OPINION

ERWIN, Justice.

This is a class action challenging the validity of AS 47.25.410(3) to the extent that it defines a "dependent child", for purposes of Aid to Families with Dependent Children (hereinafter AFDC) benefits, as "a needy child under 18 years of age... ." Appellants unsuccessfully argued below, and assert here, that Alaska's under-the-age-of-18 eligibility requirement is inconsistent with § 406(a) (2) of the Social Security Act, 42...

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