JOHNSON v. COMMISSIONER OF PUBLIC WELFARE


414 Mass. 572 (1993)

608 N.E.2d 1045

KATHY JOHNSON vs. COMMISSIONER OF PUBLIC WELFARE.

Supreme Judicial Court of Massachusetts, Hampden.

March 11, 1993.


Attorney(s) appearing for the Case

Erin Kemple for the plaintiff.

Daniel W. Halston, Assistant Attorney General, for the defendant.

Allan G. Rodgers, for Coalition for Basic Human Needs & others, amici curiae, submitted a brief.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, & LYNCH, JJ.


ABRAMS, J.

The plaintiff, Kathy Johnson, appeals from the allowance of a motion of the Department of Public Welfare (department) for summary judgment terminating her Aid to Families with Dependent Children (AFDC) benefits and from the denial of her motion for summary judgment. The department terminated Johnson's benefits because Johnson's daughter Anitra was placed in the temporary custody of the Department of Social Services (DSS). That termination was upheld by...

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