In re: Ryan W.

Administrative law: OASDI: DSS’ right to foster child’s survivor benefits

CSA No. 1503, Sept. Term 2011. Reported. Opinion by Eyler, D. J. Filed Sept. 5, 2012. RecordFax #12-0905, 69 pages.

Department of Social Services’ practice of reimbursing itself for the direct cost of foster care services, when acting as a representative payee for Social Security Old Age, Survivor, and Disability Insurance benefits, was in compliance with the Social Security Act and the regulations and did not violate the Equal Protection clause; furthermore, the juvenile court lacked authority to invalidate COMAR regulations providing for the offset.

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