Note to Oklahomans:
 
 
#1 DoesOk. law allow this to happen here?
#2 Does this help bring credibility to the post at a Topix forum which stated
that the issue these benefits as well as others, like Indian Children's benifits
and where they're going was discussed in the legislative hearings last year but
not made public?
#3 Does this and the fact that "ghost children", (used to collect benefits) were
exposed by a a financial audit of the Office of Juvenile Affairs enough reason
for a financial audit of DHS?
#4 Does this raise questions regarding the dismissal of claims related to foster
care funding and payments in the current class action lawsuit against DHS? If
these issues hadn't been dismissed any information would have become public
record in court documents.
#5 Why is it we're told over and over that DHS needs more funding but
accountability for those funds isn't discussed?
 



http://www.firststar.org/news/johngdecision.asp

MAJOR COURT VICTORY FOR FOSTER CHILDREN
    
      

North Carolina Court Rules State Must Act in Best Interest of
Child in Handling Foster
Children's Social Security Benefits

(November 5, 2007) The North Carolina Court of Appeals today ruled that the
state does not have the legal authority to divert the Social Security benefits
of foster children to reimburse itself for the cost of their foster care when it
is not in the best interest of the children.

“This case has national implications and is a major victory for foster
children across the country,” said Amy Harfeld, Executive Director of First
Star, a national organization dedicated to fighting for the rights of America's
abused and neglected children, and who filed an amicus curae brief in
collaboration with Sullivan & Worcester LLP on the case. “It is unconscionable
for the state to dip into the pockets of these most vulnerable children in order
to balance their budgets. This ruling is a step in the direction of banning the
practice of intercepting foster children’s benefits to reimburse states for
the costs
of foster care- costs that they are mandated to cover in any event.”

The issue is the focus of growing legislative and legal battles in the Congress
and in the courts. States across the country have been maximizing their own
revenues by diverting the social security benefits of foster children – in
some cases even after these children have aged-out of the system and are left
with little or no financial or social support. The states claim they have a
right to the money to help offset the cost of foster care. Child advocates claim
this money should be used to meet the needs of the children. According to the
Child Welfare League of America, 25% of foster youth reported experiencing
homlessness within four years of exiting foster care.

Some estimates have placed the amount of money diverted from these children at
more than $100 million. States are aggressively targeting this money hiring
outside companies to help them identify foster
children who are, or who should be, receiving Social Security benefits. The
consultants track down these eligible children, help them secure Social Security
benefits and then help the states divert the benefits – keeping a piece for
themselves.

The North Carolina case revolved around a teen-aged boy – identified only as
John G. – who was abandoned by his crack-addicted mother at the age of 3 and
orphaned as a result of his adoptive father’s death when he was 4. He lived in
a succession of foster homes where he was routinely beaten and forced to sell
drugs.

He was receiving Social Security survivor benefits, which were being used to pay
the mortgage on his adoptive father’s home, which he was bequeathed. However,
Guilford County’s Department of Social Services (DSS) intercepted those
benefits, selecting itself as John G’s representative payee. DSS directed John
G’s benefit payments into its own accounts instead of using them
to make monthly mortgage payments. When the state began to divert the benefits,
the boy went into default on the mortgage. In spite of that, North Carolina
officials refused to release the boy’s money.

In December 2005, the district court ordered DSS to use John’s benefits to
make the monthly mortgage payments to save his house. DSS, however, continued to
resist using John’s money to help him keep his house, and appealed arguing
that a state court judge did not have jurisdiction.

The Court of Appeals rejected the state’s arguments and said that “nothing
in the concept of our federal system prevents state courts from enforcing rights
created by federal law.”  The Court’s decision also stated that DSS’s
“interpretation of [the federal statute] takes the statute out of context and
is an improper attempt to fashion a shield into a sword to be used against the
intended beneficiary of the law….”

John G. was
represented by Legal Aid of North Carolina (LANC) attorney Lewis Pitts and the
Guilford County Guardian ad Litem program. First Star filed a “friend of the
court” brief on John G’s behalf.

“This case underscores the importance of having legal representation for
foster children while they are in the system to protect their interests, rights
and property,” Harfeld said. “Children who are represented by well-trained,
client directed attorneys in dependency hearings receive the best care and have
a much stronger chance for success in the short and long term."

In April, First Star released a national report showing that nearly half of U.S.
states fail to provide adequate traditional legal representation for abused and
neglected foster children, leaving them without a voice during judicial
proceedings that profoundly impact their futures.

The first-of-its-kind study found "glaring anomalies" in how states protect the
legal
rights of foster children, leading to substandard levels of service and
unacceptable outcomes in most states. Fifteen states received failing grades and
six more received D's in the "National Report Card on Legal Representation of
Children." Only five states received A's. To view a copy of the report, visit
www.firststar.org . 


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