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Washington Dept. of Social & Health Services v. Guardianship of Keffeler December 3, 2002 (01-1420) return to case listing Case Summary Respondents, a class of children in foster care receiving Social Security benefits paid to the state as representative payee, brought suit claiming that Petitioner's policy violated the Social Security Act, 42 U.S.C. § 407(a) ("the Act"). Washington state law dictates that Petitioner attempts to recover the costs of foster care from parents. If the parents are unavailable or unwilling to reimburse Petitioner, the department reimburses itself using money and other funds that come into its possession while the child is in its custody. It is Petitioner's policy to use that money, including Social Security benefits, to help pay for the cost of foster care. The Act, however, prohibits creditor access to Social Security benefits. Respondents argue that Petitioner acts as a representative payee under § 405(j) for foster children and then wrongly applies the Social Security benefits to reimburse the state budget for payments made to foster parents for the basic needs of those children. The trial court found in favor of Respondents. The Supreme Court of Washington affirmed and held that Petitioner violated the Act by reimbursing itself for foster care expenditures from children's Social Security benefits. The opinion of the Washington Supreme Court is found at 145 Wash. 2d 1, 32 P.3d 267. To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 8-1 to Reverse 5-4 to Affirm 6-3 to Reverse 6-3 to Affirm 9-0 to Reverse VOTING TO REVERSE Rehnquist O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Rehnquist Scalia Kennedy Thomas Rehnquist O'Connor Scalia Kennedy Thomas Breyer Rehnquist Scalia Thomas Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer VOTING TO AFFIRM Stevens Stevens O'Connor Souter Ginsburg Breyer Stevens Souter Ginsburg Stevens O'Connor Kennedy Souter Ginsburg Breyer (With all voting to Affirm in Part and Reverse in Part)   return to case listing