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Children and Juvenile Law, Keyed to Abrams, 8th Ed.
In re Ryan W.
Citation:
76 A.3d 1049 (2013)Facts
Ryan W. was determined to be a Child in Need of Assistance on June 4, 2002, when he was nine years old, based on allegations that his drug-addicted parents neglected him and his siblings by failing to provide adequate food, clothing, supervision, and ensuring school and medical attendance. Ryan was committed to the custody of the Baltimore City Department of Social Services and placed in various group homes and foster homes, with the Department paying for his care. Ryan’s mother died in August 2006 and his father died in November 2008. In November 2009, the Department’s Reimbursement Unit filed an application with the Social Security Administration to become Ryan’s representative payee for OASDI benefits without providing notice to Ryan, his CINA counsel, or the juvenile court. The Department received two lump sum payments totaling $20,128.50 covering retroactive benefits, plus monthly payments of $771 from December 2009 until Ryan turned 18 in February 2011, for a total of $31,693.50. The Department used all these funds to partially reimburse itself for Ryan’s foster care costs. Ryan filed a motion to control conduct in April 2011, alleging the Department misused his benefits without making an individualized determination of his best interests.
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