Washington State Dept. of Soc. & Health Servs. v. Guardianship of Keffeler
A class of plaintiffs representing children in foster care filed suit against the Washington State Department of Social and Health Services (DSHS) for violating the Social Security Act (SSA). When a child is eligible for Social Security benefits, federal law permits a ”representative payee” to be appointed to administer the funds on behalf of the child. DSHS, acting as representative payee, used Social Security benefits to reimburse the state for the costs of foster care. The trial court found for the plaintiffs and a court of appeals certified the case for hearing before the supreme court. The Supreme Court of Washington affirmed, holding that the confiscation of Social Security benefits by DSHS to reimburse the state violated the antialienation provision of the SSA, which prohibits access to Social Security benefits by creditors
Question Presented:
Whether a state agency, acting as the representative payee for a foster child who is receiving Social Security benefits, violates the SSA's anti-alienation provision when it uses those benefit
payments to pay for the child's current needs and maintenance.
