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4 N.J.A.R. 52

H., A. v. Bergen County Welfare Board
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Citation: 4 N.J.A.R. 52
Decision Date: 1981
Agency: DIVISION OF PUBLIC WELFARE
Synopsis: The Bergen County Welfare Board sought to terminate respon- dent's Aid to Families with Dependent Children (AFDC) grant and Food Stamp benefits because respondent was unable to prove her relationship to her third child. The administrative law judge found that an inquiry to the health department in the county in which the child was born was returned with information that a name other than the respondent's was listed as the name of the child's mother. The respondent was unable to produce any documentation listing her as the mother and as a result, the Board denied assistance for the child. The administrative law judge rejected the respondent's request that the judge order a Histocopatibility Leukocyte Antigert (HLA) test to prove maternity. The judge found that the test, which evaluates the white blood cell antigert mix, might result in an 'exclusionary' out- come which could be used alone to support a finding of non-ma- ternity. A result indicating maternity (an 'inclusionary' result) prob- ably would not be strong enough to alone justify a finding of ma- ternity. The judge concluded, however, that the respondent had furnished sufficient information to verify that she was the mother of the child. The judge found that the respondent did not deny that she had used a name other than her own on the occasion of the child's birth. In addition, the respondent's mother submitted a certified statement indicating that the child in question was indeed the respondent's natural son. Accordingly, the administrative law judge concluded that the re- spondent had proven that she was the mother of the child in question and that the termination of assistance was improper. State of New Jersey 53 A.H.v. Bergen County