Source
University of San Diego – Children’s Advocacy Institute (CAI)
Summary
“This report evaluates the laws and policies of all fifty U.S. states and the District of Columbia regarding the protection and management of foster youths’ federal benefits, namely Supplemental Security Income and Survivor benefits. Specifically, the Report analyzes state law and policy based on the following seven key elements of a model law relating to the protection and management of foster youths’ federal benefits:
(1) Does the state prohibit the agency from using the child’s benefits to offset its obligation to pay for the child’s foster care?
(2) Does the state require the agency to notify the child, child’s parents/legal guardian, and/or child’s guardian ad litem (GAL)/attorney when the agency applies to become the child’s federal benefits representative payee?
(3) Does the state require the agency to screen all children for potential federal benefits eligibility within 60 days of entering care?
(4) Does the state require the agency to rescreen all children for potential federal benefits eligibility on at least an annual basis?
(5) Does the state require the agency to apply for federal benefits when a child is deemed potentially eligible?
(6) Does the state require the agency to file an appeal on the child’s behalf?
(7) Does the state require the agency to share the SSA-required annual accounting on the use/conservation of the child’s benefits with the child, child’s parents/legal guardian, and/or child’s guardian ad litem (GAL)/attorney?
Regrettably, few states fared well under this examination: Only two jurisdictions, Arizona and the District of Columbia, earned an “A.” An alarming 44 states received an “F.” However, the tide is turning, and meaningful reform is on the rise at the state and local levels. As noted above, to date 28 jurisdictions have taken, are currently considering, or have considered action (to varying degrees) to ensure proper access and use of foster youth’s federal benefits. Arizona and Washington D.C. have passed model bills, and Oregon requires that all benefits be conserved for the child.
Through this Report, CAI aims to: (1) inform the public, policymakers at both federal and state levels, and stakeholders about this critical issue (2) highlight model legislation, recognize states with outstanding laws and policies, acknowledging the rapid pace of reform being pursued across the country; (3) identify and apply public pressure to states requiring improvements in their laws and policies, detailing necessary reforms; (4) offer a strategic guide for states aiming to improve their legal frameworks and better safeguard the assets and the futures of foster children and youth under their care.”
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