High court to consider state’s system for taking foster childrens’ benefits

By Gina Holland

Associated Press

WASHINGTON – The Supreme Court said Tuesday it would decide if states can control the federal benefits of orphaned and abused children.

Justices will review Washington state’s practice of applying for benefits on behalf of foster children, then using the money to reimburse foster parents for things like food and clothing.

The ruling, likely sometime next year, will have far-reaching implications because every state has a system of collecting Social Security payments on behalf of children in state custody, the court was told.

Justices will look at a technical question involving Washington state’s mechanism for inserting themselves as the money collectors for children, then deciding how to use it. But the more basic issue is: Are poor children in state care being shortchanged or helped by the intervention?

The case was brought over benefits of a foster child whose mother was killed in a car crash. As the guardian of his estate, his grandmother, Wanda Pierce, received the benefits and put them in a college fund.

The state sought to get the money, and she filed a class action lawsuit.

One of Pierce’s lawyers, Teresa Wynn Roseborough, told the court that the money belongs to the children, not the government, and that states do not always use the cash in youths’ best interest.

Roseborough urged the court not to use the Washington system to address the issue, calling it a “muddled mess.”

On the other side were two dozen states and a group of children’s advocates who want the court to make clear that states can continue the practice.

The case turns on whether the state youth department acts as a creditor, billing children for their care then using the Social Security benefits to pay the bills. Federal law protects Social Security from creditors.

There are more than a half million children in foster care in America, and about 25 percent of those are disabled and may be eligible for Social Security, the court was told.

Groups including the Children’s Defense Fund and Catholic Charities told the court that states are “the last line of defense for children in foster care.” If states aren’t allowed to seek benefits for children “it is likely that no one will,” the groups said in a filing.

If the Washington state foster children win, states could be required to pay back the money. In Florida alone, that could be hundreds of millions of dollars, Attorney General Robert A. Butterworth told the court. Nationwide, it could cost billions, he said in court papers.

In addition to Florida, urging the court to take the case were Alaska, Colorado, Delaware, Kansas, Louisiana, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, South Carolina, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wyoming.

Washington State has about 10,000 children in foster care, and about 1,500 of them receive benefits under Social Security either because they are disabled or they are entitled to benefits of their deceased parents.

The state social services agency handles the paperwork for benefits.

The state Supreme Court ruled last year that the system was illegal.

“However worthy cost recovery might be, DSHS cannot violate federal law at the expense of foster children to accomplish it,” Washington Supreme Court Justice Richard Sanders wrote for the majority in the 5-3 ruling.

Pierce’s dispute with the state dates back to 1990. The state never took over the benefits for her grandson, Danny Keffeler, and he went on to attend college with the money she saved.

The case is Washington State Department of Social and Health Services v. Guardianship of Danny Keffeler, 01-1420.

Copyright ©2002 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Customers enter and exit the Costco on Dec. 2, 2022, in Lake Stevens. (Olivia Vanni / The Herald)
Costco stores could be impacted by looming truck driver strike threat

Truck drivers who deliver groceries and produce to Costco warehouses… Continue reading

Two Washington State ferries pass along the route between Mukilteo and Clinton as scuba divers swim near the shore Sunday, Oct. 22, 2023, in Mukilteo, Washington. (Ryan Berry / The Herald)
Ferry system increases ridership by a half million in 2024

Edmonds-Kingston route remains second-busiest route in the system.

The second floor of the Lynnwood Crisis Center on Friday, Feb. 7, 2025 in Lynnwood, Washington. (Olivia Vanni / The Herald)
Funding gap leaves Lynnwood without a crisis center provider

The idea for the Lynnwood crisis center began in 2021 after a 47-year-old died by suicide while in custody at Lynnwood Municipal Jail.

Three seriously injured after head-on collision on Highway 522

The crash between Monroe and Maltby happened around 4:30 p.m. on Monday.

Fernando Espinoza salts the sidewalk along Fifth Avenue South on Thursday, Feb. 6, 2025 in Edmonds, Washington. (Olivia Vanni / The Herald)
Think this is cold, Snohomish County? Wait until Tuesday

Tuesday could bring dangerous wind chill during the day and an overnight low of 19 degrees

Robin Cain with 50 of her marathon medals hanging on a display board she made with her father on Thursday, Jan. 2, 2025 in Lake Stevens, Washington. (Olivia Vanni / The Herald)
Running a marathon is hard. She ran one in every state.

Robin Cain, of Lake Stevens, is one of only a few thousand people to ever achieve the feat.

People line up to grab food at the Everett Recovery Cafe on Wednesday, Dec. 4, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Coffee, meals and compassion are free at the Everett Recovery Cafe

The free, membership-based day center offers free coffee and meals and more importantly, camaraderie and recovery support.

Devani Padron, left, Daisy Ramos perform during dance class at Mari's Place Monday afternoon in Everett on July 13, 2016. (Kevin Clark / The Herald)
Mari’s Place helps children build confidence and design a better future

The Everett-based nonprofit offers free and low-cost classes in art, music, theater and dance for children ages 5 to 14.

The Everett Wastewater Treatment Plant along the Snohomish River on Thursday, June 16, 2022 in Everett, Washington. (Olivia Vanni / The Herald)
Everett water, sewer rates could jump 43% by 2028

The rate hikes would pay for improvements to the city’s sewer infrastructure.

The bond funded new track and field at Northshore Middle School on Thursday, Oct. 24, 2024 in Bothell, Washington. (Courtesy of Northshore School District)
Northshore School District bond improvements underway

The $425 million bond is funding new track and field complexes, playgrounds and phase one of two school replacements.

The Washington State Department of Licensing office is seen in 2018 in Seattle. (Sue Misao / The Herald)
Drivers licensing offices to close Feb. 14-17

Online services are also not available Feb. 10-17. The Washington State Department of Licensing said the move is necessary to upgrade software.

Pharmacist Nisha Mathew prepares a Pfizer COVID booster shot for a patient at Bartell Drugs on Broadway on Saturday, Oct. 1, 2022, in Everett, Washington. (Ryan Berry / The Herald)
Everett lawmakers back universal health care bill, introduced in Olympia

Proponents say providing health care for all is a “fundamental human right.” Opponents worry about the cost of implementing it.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.