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JOHNSON v. COMMISSIONER OF PUBLIC WELFARE

419 Mass. 185 (1994)

KATHY JOHNSON vs. COMMISSIONER OF PUBLIC WELFARE.

Supreme Judicial Court of Massachusetts, Hampden.

December 15, 1994.

Attorney(s) appearing for the Case

Erin Kemple for the plaintiff.

Judith S. Yogman, Assistant Attorney General, for the defendant.

Joseph L. Kociubes, Patricia M. McCarthy, Allan G. Rodgers, Ozell Hudson, Jr., & John Reinstein, for Boston Bar Association & others, amici curiae, submitted a brief.

Present: LIACOS, C.J., WILKINS, NOLAN, LYNCH, & O'CONNOR, JJ.

O'CONNOR, J.

In Johnson v. Commissioner of Pub. Welfare, 414 Mass. 572 (1993) (Johnson I), the Department of Public Welfare (department) had terminated the plaintiff's Aid to Families with Dependent Children (AFDC) benefits because her daughter had been placed in the temporary custody of the Department of Social Services. That determination was upheld on administrative appeal, and the plaintiff

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