Litigating the Issue
- Current foster youth – minor or in extended foster care?
- Former foster youth – minor or adult?
- Receiving/received what type of benefits (SSI, Survivor, VA)?
- A rep payee other than the agency?
- Conservation of more funds while child is in care?
- Back payments?
- An injunction prohibiting the state from applying for benefits without notifying youth and legal representative?
- A declaration that youth are entitled to notice and a hearing regarding application for benefits and appointment of rep payee?
- An injunction requiring the state to demonstrate use of funds in child’s best interest or conserve funds in protected account for the beneficiary?
- A declaration that the state may not use SSA benefits to reimburse itself for foster care?
Initial Considerations
- Violation of Due Process (federal or state)
- Violation of Equal Protection (federal or state)
- Misuse of Funds
- Breach of Fiduciary Duty (under SSA or state law)
- Consider venue – federal or state?
- Research relevant case law interpreting Keffeler in your jurisdiction
- Consider individual or class action (or mandamus)
- What unintended consequences might there be if successful?