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41 Fam. L.Q. 165 (2007-2008)
Issues of State Use of Social Security Insurance Beneficiary Funds for Reimbursement of Foster-Case Costs

handle is hein.journals/famlq41 and id is 175 raw text is: Issues of State Use of Social Security Insurance Beneficiary Funds for Reimbursement of Foster-Care Costs KATHERINE M. KRAUSE* I. Introduction This article considers the issue of state use of Social Security Insurance (SSI) beneficiary funds for reimbursement of foster-care costs when a state agency serves as representative payee for a child. The United States Supreme Court, in Washington State Dep't of Social and Health Services v. Guardianship Estate of Danny Keffeler,) ruled that a state agency's use of SSI beneficiary funds to reimburse foster-care outlays did constitute an improper attachment of the funds and was not contrary to the statutory mandate that the monies be used in the children's best interests. The decision validated a reimbursement practice that is employed in so many states that thirty-nine states joined in filing an amicus curiae brief asking the Court to uphold the practice. I contend that the Supreme Court's con- clusion in Washington State is erroneous on both legal and policy grounds. The Court incorrectly applied Chevron administrative deference2 to uphold the Social Security commissioner's definition of best interests, and the policy reasoning underlying the Court's decision was misguided. Moreover, in the context of child welfare, the practice of recouping foster- care outlays from SSI-beneficiary payments causes more harm than good, both in the short- and long-term, and should be discontinued. * First-place winner in ABA Section of Family Law Schwab Essay Contest; was a third- year law student at Pennsylvania School of Law. 1. Wash. State Dep't of Social & Health Services v. Guardianship Estate of Danny Keffeler, 537 U.S. 371 (2003). 2. Chevron USA v. Natural Res. Def. Council, Inc., 467 U.S. 837 (1984).

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