In re Ryan W.

Ryan W. entered the care of the Department of Social Services at age nine as a child in need of services (CINA) and was placed in foster care. After Ryan's parents died, the Department was appointed by the Social Security Administration (SSA) as Ryan's representative payee for Old Age and Survivor's Disability Insurance (OASDI) benefits to which Ryan was entitled. The Department received Ryan's benefit payments and applied them to partially reimburse itself for the current cost of Ryan's foster care. The circuit court determined that the Department violated Ryan's due process and equal protection rights by failing to notify him before applying his OASDI benefits toward the current costs incurred by the Department on his behalf. The court of special appeals reversed. The Court of Appeals affirmed in part and reversed in part, holding (1) a local department of social services, acting in the capacity as an institutional representative payee appointed by the SSA, has discretion to apply a CINA foster child's OASDI benefits to reimburse the Department for its costs incurred for the child's current maintenance; but (2) the department must provide notice to the child that the department applied to the SSA and received such benefits on the child's behalf. View "In re Ryan W." on Justia Law