B.C. v. DEPT. OF HUMAN SERVICES


263 N.J. Super. 225 (1993)

622 A.2d 903

B.C., PETITIONER-APPELLANT, v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES AND HUDSON COUNTY DIVISION OF WELFARE, RESPONDENTS-RESPONDENTS. J.P., PETITIONER-APPELLANT, v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES, DIVISION OF ECONOMIC ASSISTANCE AND MERCER COUNTY WELFARE AGENCY, RESPONDENTS-RESPONDENTS. A.B., PETITIONER-APPELLANT, v. DEPARTMENT OF HUMAN SERVICES, DIVISION OF ECONOMIC ASSISTANCE, AND GLOUCESTER COUNTY BOARD OF SOCIAL SERVICES, RESPONDENTS-RESPONDENTS. S.V., PETITIONER-APPELLANT, v. DEPARTMENT OF HUMAN SERVICES, DIVISION OF ECONOMIC ASSISTANCE, AND BURLINGTON COUNTY WELFARE AGENCY, RESPONDENTS-RESPONDENTS. D.W., PETITIONER-APPELLANT, v. DEPARTMENT OF HUMAN SERVICES, DIVISION OF ECONOMIC ASSISTANCE, AND GLOUCESTER COUNTY BOARD OF SOCIAL SERVICES, RESPONDENTS-RESPONDENTS. M.N., PETITIONER-APPELLANT, v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES, DIVISION OF ECONOMIC ASSISTANCE, AND PASSAIC COUNTY BOARD OF SOCIAL SERVICES, RESPONDENTS-RESPONDENTS. F.C., PETITIONER-APPELLANT, v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES, DIVISION OF ECONOMIC ASSISTANCE, AND PASSAIC COUNTY BOARD OF SOCIAL SERVICES, RESPONDENTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 25, 1993.


Attorney(s) appearing for the Case

Robert M. Pallitto and Maureen Schweitzer Parrott argued the cause for appellants (Hudson County Legal Services Corp., Timothy K. Madden, Director attorney for appellant B.C.; Elizabeth Athos and Donna Arons, of counsel and on the brief. Legal Aid Society of Mercer County, Patrick N. Budd, Director, attorney for appellant J.P.; Ms. Athos and Ms. Arons, of counsel and on the brief. Camden Regional Legal Services, Inc., Patricia Bowen Atkins, Executive Director, attorney for appellants A.B., S.V. and D.W.; Ms. Parrott on the brief for appellant A.B.; Larry D. DeCosta, on the brief for appellant S.V.; Connie M. Sailey, on the brief for appellant D.W. Passaic County Legal Aid Society, John D. Atlas, Executive Director, attorney for appellants M.N. and F.C.; Mr. Pallitto and Cary L. Winslow on the briefs.)

Dennis J. Conklin, Senior Deputy Attorney General, and James T. Hill, Jr., Deputy Attorney General, argued the cause for respondent Division of Economic Assistance (Robert J. Del Tufo, Attorney General, attorney; Mary C. Jacobson, Deputy Attorney General, and Joseph L. Yannotti, Assistant Attorney General, of counsel; Messrs. Conklin and Hill on the briefs.)

No brief was filed by any other party.

Before Judges R.S. COHEN, MUIR, Jr. and KESTIN.


The opinion of the court was delivered by KESTIN, J.A.D.

These cases have been consolidated for the purposes of decision. They present a common issue concerning that form of public assistance known as Aid to Families with Dependent Children (AFDC). An AFDC recipient who receives lump sum income from other sources, "such as inheritances and lottery winnings, personal injury and worker compensation awards," excluding funds designated and used for purposes such as payment...

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