Restoring Foster Youth's Rights to Social Security Benefits

In a significant victory for foster care advocates, a new law signed by California Governor Gavin Newsom will ensure that foster children whose parents have died receive the survivor benefits they are entitled to, rather than allowing counties to divert those funds. This legislation marks a crucial step in supporting vulnerable youth as they transition out of the foster care system, providing them with the financial resources they need to build a stable future.

Empowering Foster Youth with Financial Security

Ending the Diversion of Survivor Benefits

The new law requires all counties in California to hold Social Security survivor benefits in accounts for foster children until they turn 18, rather than using those funds to cover the cost of their care. This practice, which had been in place for decades in some counties, effectively deprived foster youth of resources that could have helped them establish financial stability and independence as they aged out of the system.Community leader Shane Harris, a former foster youth himself, played a pivotal role in advocating for this legislation. "This new law restores the rights to foster youths receiving their … benefits instead of counties pocketing that money for an already top-heavy child welfare administration," he stated. Harris and other advocates argue that this change will have a significant impact on the lives of foster youth, who face a higher risk of falling into poverty and homelessness after leaving the system.

Ensuring Transparency and Accountability

The new law also requires counties to screen all foster youth for eligibility for Social Security benefits, such as disability, survivor, or other payments, within two months of their entry into the system. Counties must also notify recipients when benefits are applied for or received and account for the funds received on a child's behalf.This increased transparency and accountability measures are crucial in ensuring that foster youth have access to the resources they are entitled to. According to the University of San Diego's Children's Advocacy Institute, between 40,000 and 80,000 youths in foster care are eligible for or receiving Social Security benefits, which can amount to more than 0 per month.

Addressing Gaps in Protection

While the new law is a significant step forward, advocates note that there is still more work to be done to fully protect the rights of foster youth. Amy Harfeld, the national policy director at the Children's Advocacy Institute, points out that the law does not offer protection for disabled foster youth, whose disability benefits can still be taken by the state and used for their care."We know these outcomes for these youths are really abysmal when they leave foster care," Harfeld said. "It's pennywise and pound-foolish for us to be pilfering their benefits to line city budgets instead of really thinking about what's best for the child and what would be the best way to help make sure they have a successful future."

Seeking Retroactive Compensation

Another concern raised by advocates is that the new law does not apply retroactively, meaning that foster youth who had their benefits diverted before the county changed its policy will not be compensated for those losses. Community leader Shane Harris emphasized the need to "explore how to actually right the wrongs for those that counties across California stole from while, for no fault of their own, they were in foster care."The University of San Diego's Children's Advocacy Institute has already taken legal action on behalf of two former foster children, suing the county for the improper use of their benefits. This ongoing case highlights the continued efforts to ensure that foster youth receive the financial support they are entitled to and that the wrongs of the past are addressed.