Amarillo, TX asked in Family Law, Child Custody, Child Support and Social Security for Texas

Q: Can CPS keep a child's survivor benefits that the child receives and not give it back to them when they turn 18? My daug

CPS kept my daughters survivors benefits she received from her deceased father the two years she was in their care. They told me it was in a savings account for her and then told her it was to pay for her care. Can they do that?

1 Lawyer Answer
Brad A. Thomas
Brad A. Thomas
  • Social Security Disability Lawyer
  • Plano, TX
  • Licensed in Texas

A: They likely were able to do that. You can read more about the law in this situation here:

If your daughter was under the care of CPS for two years, then that means they had legal custody of her during that time and Social Security most likely appointed them as the representative payee for her benefits. The benefits belong to your daughter alone, so any representative payee that is appointed has a responsibility to show that the funds were saved for or used towards the child's care during that time.

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