IN INTEREST OF McMULLEN

Civ. No. 900266.

470 N.W.2d 196 (1991)

In the Interest of Joshua McMULLEN, a Minor. Marie NERMYR, on Behalf of and as Guardian Ad Litem and Trustee for Joshua McMULLEN, a minor, Appellee, v. NORTH DAKOTA DEPARTMENT OF HUMAN SERVICES, acting through GRAND FORKS COUNTY SOCIAL SERVICES, Appellant.

Supreme Court of North Dakota.

May 7, 1991.


Attorney(s) appearing for the Case

Sharon W. Martens (argued) of Dahl, Greenagel, Currie & Petersen (Grafton Office), Grafton, for appellee.

Sidney J. Hertz Fiergola (argued), Asst. Atty. Gen., Atty. General's Office, Bismarck, for appellant.


MESCHKE, Justice.

The North Dakota Department of Human Services [DHS], acting through Grand Forks County Social Services [Social Services], appeals from a judgment declaring that settlement proceeds held for Joshua McMullen, a minor, are not available for determining Joshua's share of welfare benefits. We reverse and remand for further proceedings.

In 1982 Joshua sustained "serious and permanent injuries" in an accident while he was riding in an automobile...

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