Essex County Division of Welfare v. O.J.

The opinion of the Court was delivered by

STEIN, J.

In this case we address whether and to what extent a minor’s personal-injury award deposited into a court-supervised trust account may be considered in determining eligibility of that child’s family for Aid to Families with Dependent Children (AFDC). The issue arises by virtue of the appeals, argued together, of eight AFDC recipients, each of whom has at least one minor child who is the beneficiary of a trust fund established with the Essex County Surrogate following settlement of a personal injury case. The Essex County Division of Welfare…