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EX PARTE SC DEPT. OF HEALTH & HUMAN SVCS.

No. 25852.

364 S.C. 532 (2005)

614 S.E.2d 609

EX PARTE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, Appellant, In re State Farm Mutual Automobile Insurance Company, Plaintiff, v. Justin Jackson, a minor under the age of fourteen (14) years; Paul M. Jackson, III, a minor under the age of fourteen (14) years; Tesa K. Jackson, a minor under the age of fourteen (14) years; Joseph Rakes, a minor under the age of fourteen (14) years; and Nikkia Rakes, a minor under the age of fourteen (14) years, Respondents.

Supreme Court of South Carolina.

Decided August 9, 2004.

Reheard January 20, 2005.

Refiled June 6, 2005.

Attorney(s) appearing for the Case

George R. Burnett, South Carolina Department of Health and Human Services, of Columbia, for Appellant.

Patricia Logan Harrison, of Columbia, for Respondents.

Chief Justice TOAL:

This case was certified for review pursuant to SCACR 204(b). After hearing oral arguments, this Court issued an opinion affirming the trial judge's decision to distribute insurance proceeds into Special Needs Trusts for the injured children and to grant the South Carolina Department of Health and Human Services ("Medicaid") a right to the proceeds upon the children's death. Ex Parte: South Carolina...

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