# Essex County Welfare Board v. Hellams

> New Jersey Superior Court Appellate Division · November 8, 1968 · 103 N.J. Super. 438

URL: https://www.frixlaw.com/law-library/cases/2327295

## Case

- **Court:** New Jersey Superior Court Appellate Division
- **Decided:** November 8, 1968
- **Citations:** 103 N.J. Super. 438; 247 A.2d 491
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Judges Sullivan, Foley and Lewis
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/2327295

## Opinion text

103 N.J. Super. 438 (1968)
247 A.2d 491
ESSEX COUNTY WELFARE BOARD, A CORPORATE ENTITY OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,
v.
MICHAEL HELLAMS, AN INFANT THROUGH HIS GUARDIAN, LOUISE HELLAMS, DEFENDANT-RESPONDENT.
Superior Court of New Jersey, Appellate Division.
Argued October 28, 1968.
Decided November 8, 1968.
*439 Before Judges SULLIVAN, FOLEY and LEWIS.
Mr. Felix A. Martino argued the cause for appellant ( Mr. John A. Matthews, Jr., attorney).
Mr. Eldridge Hawkins argued the cause for respondent ( Annamay T. Sheppard, of counsel).
PER CURIAM.
The trial court, in an opinion reported at 98 N.J. Super. 181 ( Cty. Ct. 1967), held that the Essex County Welfare Board was not entitled to repayment of welfare funds advanced for the support of the infant defendant herein out of a trust fund bank account representing the net proceeds of the settlement of a personal injury claim of said infant.
We affirm, but solely on the ground that the Welfare Board did not obtain a written promise to repay, from the funds anticipated, the amount of assistance to be granted. N.J.S.A. 44:10-4; see Francis v. Harris, 100 N.J. Super. 313 ( Law Div. 1968), affirmed 103 N.J. Super. 440 ( App. Div. 1968). The provisions of N.J.S.A. 44:7-19 authorizing the Welfare Board to bring appropriate action to recover moneys due for assistance given any person, insofar as assistance given a dependent child is concerned, must be read with the provisions of N.J.S.A. 44:10-4, supra.
"All other income and resources of the dependent child" shall be taken into consideration by the Welfare *440 Board in determining the child's need for financial assistance. N.J.S.A. 44:10-3( c ). However, repayment of assistance granted to a needy dependent child, from funds received by the child, shall be had in accordance with N.J.S.A. 44:10-4.
Affirmed.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/2327295. Public record. Not legal advice.