Nermyr ex rel. McMullen v. North Dakota Department of Human Services ex rel. Grand Forks County Social Services

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 driven by Deborah McMullen, his mother. Marie Ner-myr, Joshua’s grandmother and guardian ad litem, sued Deborah and Mid-Century Insurance…