In re Ryan W.

Ryan H. (plaintiff) was placed in foster care in 2002 at the age of nine. Ryan’s mother died in 2006, and his father died in 2008 while Ryan was still in foster care. Under federal law, Ryan was entitled to receive a monthly survivor’s benefit. After Ryan’s parents died, the Department of Social Services (the department) (defendant) applied to the Social Security Administration (SSA), seeking appointment as Ryan’s representative payee for his survivor’s benefits. Representative payees were generally appointed for minors, and the representative had to use the benefits in a child’s best interests. The department was approved, and it subsequently used $31,693.50 to reimburse itself for expenses associated with caring for Ryan. The department did not seek permission from the juvenile court before applying for and using Ryan’s benefit, did not notify Ryan or his counsel, and did not give Ryan a chance to be heard. A hearing was held, and a juvenile court ruled that the department had denied Ryan due process and equal protection of the law when it utilized his benefit to reimburse itself. The department filed an appeal with the Maryland Court of Special Appeals, which ruled that the department had the authority to apply for and use Ryan’s benefits without asking permission from the juvenile court and without notifying Ryan or giving him a chance to be heard. Ryan sought review, asking the Maryland Court of Appeals to hold that a department of social services must seek a court’s permission before applying for and utilizing a foster child’s benefits and must provide a child notification and a chance to be heard prior to spending the child’s benefits.