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FILE NO., COURT, AND DATE FILED
96-2-00157-2 (Wash. Supr. Crt., Okanogan County, 1996)
CITATIONS
32 P.3d 267, 145 Wash. 2d 1 (2001); 537 U.S. 371 (2003); 88 P.3d 949, 151 Wash. 2d 331 (2004)
CLEARINGHOUSE REVIEW NO.
54,459
ATTORNEYS FOR PLAINTIFFS
Rodney Reinbold
Reinbold & Gardner
P.O. Box 751
Okanogan, WA 98840-0751
(509) 422-3610
Fax: (509) 422-3612
Richard B. Price
Attorney At Law
P.O. Box 1687
Omak, WA 98841-1687
(509) 826-5110
Fax: (509) 826-3237
ISSUES
Plaintiffs filed suit on behalf of foster children against Washington's Department of Health and Social Services for using the children's social security benefits to reimburse itself for their care. They argued that the practice violated the Social Security Act's anti-attachment provision and failed to serve the children's best interest as required by the Act and its implementing regulations.
HISTORY AND STATUS
The Superior Court of Okanogan County entered summary judgment in favor of the plaintiff class. The Washington Supreme Court affirmed the decision on October 11, 2001. The U.S. Supreme Court reversed and remanded on February 25, 2003, holding that the state's practice of acting as representative payee in order to reimburse itself for foster care expenses did not constitute "execution, levy, attachment, garnishment, or other legal process" within the meaning of the Social Security Act. On April 29, 2004, the Washington Supreme Court held that children were not denied equal protection and that notice sent by the Social Security Administration prior to appointment of a representative payee satisfied the children's procedural due process rights.
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