FRANKLIN v. NEW JERSEY DEPT. OF HUMAN SERVICES


111 N.J. 1 (1988)

543 A.2d 1

JOHNNIE FRANKLIN, ELAINE WILLIAMS, HELEN FERRIOLO, DIANE WOODWARD, LOTTIE JENKINS, MARIA VALENTIN, RUTH TOWNSEND, SHELIA FOY, MARGARET MATHIS, JANICE LACEWELL, AND JACQUELINE CLARK, ON BEHALF OF THEMSELVES AND THEIR MINOR CHILDREN, APPELLANTS, v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES, RESPONDENT. JANET MCCURDY, TANYA FERRELL, MARY HENDERSON, CATHY HUGHES, HELEN MOORE, PATRICIA POWELL, AND ALFRED A. SLOCUM, PUBLIC ADVOCATE OF NEW JERSEY, APPELLANTS, v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES, RESPONDENT.

The Supreme Court of New Jersey.

Decided June 24, 1988.


Attorney(s) appearing for the Case

Melville D. Miller, Jr., argued the cause for appellants Johnnie Franklin, et al. (Melville D. Miller, Jr., Nancy Goldhill, and J. Harris David, Legal Services of New Jersey; Angelica F. Anaya-Allen, and Peggy Earisman, Passaic County Legal Services; Olga E. Bradford, Camden Regional Legal Services; Kenneth M. Goldman, Cape-Atlantic Legal Services; Theodore A. Gardner, Hudson County Legal Services; Connie M. Pascale, Ocean-Monmouth Legal Services; Joyce F. Helfman, Middlesex County Legal Services; Richard Foard, III, Essex-Newark Legal Services, attorneys; Melville D. Miller, Jr., Nancy Goldhill, and J. Harris David, on the brief).

David G. Sciarra, Assistant Deputy Public Advocate, and Richard E. Shapiro, Director, Division of Public Interest Advocacy, argued the cause for appellants Janet McCurdy, et al. (Alfred A. Slocum, Public Advocate of New Jersey, attorney; David G. Sciarra, Richard E. Shapiro, John P. Thurber, Shirley Brandman, and Susan R. Oxford, Assistant Deputies Public Advocate, and Louis S. Raveson, of counsel; David G. Sciarra, Richard E. Shapiro, John P. Thurber, Shirley Brandman, and Susan R. Oxford, on the brief).

Deborah T. Poritz, Assistant Attorney General, argued the cause for respondent (Cary Edwards, Attorney General of New Jersey, attorney; Deborah T. Poritz and William Harla, Assistant Attorney General, of counsel; Dennis J. Conklin, Ross A. Lewin, and James T. Hill, Deputy Attorneys General, on the brief).

H. Curtis Meanor, Acting Essex County Counsel, argued the cause for amicus curiae County of Essex (H. Curtis Meanor, attorney; Wanda Douglas Thigpen, Assistant County Counsel, on the brief).

John M. Payne submitted a letter brief on behalf of amicus curiae American Civil Liberties Union of New Jersey.

Cecilia M. Zalkind submitted a brief on behalf of amicus curiae Association for Children of New Jersey.


PER CURIAM.

We accelerated this appeal, which challenges the five-month expiration date for a certain form of emergency assistance (EA) benefits established under the program of Aid to Families with Dependent Children (AFDC). We set forth below our reasons for not now disturbing the Commissioner's decisions on how best to implement this program to avert the homelessness of families with dependent children. The need for a prompt decision will make this a somewhat abbreviated...

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