378
Opinion of the Court
13.34.130(1)(b) (2002). Although the department provides foster care without strings attached to any child who needs it, the State's policy is "to attempt to recover the costs of foster care from the parents of [the] children," 145 Wash. 2d 1, 6, 32 P. 3d 267, 269 (2001) (citing Wash. Rev. Code § 74.20A.010 (2001)), and to use "moneys and other funds" of the foster child to offset "the amount of public assistance otherwise payable," § 74.13.060. The department accordingly adopted a regulation providing that public benefits for a child, including benefits under SSI or OASDI, "shall be used on behalf of the child to help pay for the cost of the foster care received." Wash. Admin. Code § 388-70-069(1) (2001), repealed by Wash. St. Reg. 01-08-047 (Mar. 30, 2001).2
When the department receives Social Security benefits as representative payee for children in its care, it generally credits them to a special Foster Care Trust Fund Account kept by the state treasurer, which includes subsidiary accounts for each child beneficiary. When these accounts are debited, it is only rarely for a direct purchase by the State of a foster child's food, clothing, and shelter. The usual purchaser is a foster care provider, who is then paid back by the department according to a fixed compensation schedule. Every month, the department compares its payments to the provider of a child's care with the child's subsidiary account balance, on which the department then draws to reimburse itself. Since the State's outlay customarily exceeds a child's monthly Social Security benefits, the reimbursement to the State usually leaves the account empty until the next federal benefit check arrives.
The department occasionally departs from this practice, in the exercise of its discretion, to use the Social Security funds
2 In April 2001, the department repealed § 388-70-069 and replaced it with a functionally similar provision. The new regulation provides that the department "must use income not exempted to cover the child's cost of care." Wash. Admin. Code § 388-25-0210.
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