In Re Interest of Jaycox

The State of Nebraska, Department of Social Services (DSS), appeals a court order directing it to account to a minor child in its custody for $1,000 of the Social Security benefits he received as a result of the death of one of his parents.

We affirm the determinations by the Thayer County Court and the district court for Thayer County, which both held that under Neb. Rev. Stat. § 43-907 (Reissue 1993) the minor, Rex Jaycox, is entitled to $1,000 of the Social Security benefits DSS received on the minor’s behalf. Except for the $1,000, DSS is entitled to retain the balance of Social Security…