In this opinion piece, the Washington Examiner’s Barbara Hollingsworth slams the federal government’s practice of sending to the states the Social Security funds that are supposed to help disabled foster kids and orphans, rather than setting aside the funds for these vulnerable kids to access later. Result? When the kids reach 18 and are forced to fend for themselves, the money’s gone.
Not only do foster children get no benefit from their own benefits, they often have no idea that child welfare agencies are keeping their money. The U.S. Supreme Court upheld this despicable practice in Washington State Department of Social and Health Services v. Guardianship Estate of Keffeler, Hatcher says.
But, he notes, the Court did not address the breach of fiduciary duty or the violation of foster children’s property and equal protection rights without due process.
So in 2008, he filed a lawsuit on behalf of then-21-year-old Alex Myers of Dundalk, Maryland, who was 11 when his mother died in 1999. While in foster care, Myers was moved to at least 20 homes, none permanent.
In 2001 when his father died, he became eligible for Social Security survivor benefits. Unbeknownst to him, the Baltimore County Department of Social Services applied for — and kept –$16,000 that should have gone to him. He only found out when he aged out of foster care at age 18, penniless and on his own.
It is terrible, but not surprising. My family once tried to help a child through a government social service agency that was asking for community help. When we asked about the child’s background so we could better understand the needs, we were told it was none of our business and to just send the agency a check.
