Lawmaker aims to protect foster children

Harrisburg, Pa. — A state lawmaker says he will introduce legislation that protects government benefits for foster children.

Rep. Robert Leadbeter (R-109) plans to introduce the 'Foster Youth Earned Benefits Protection for Success Act' to ensure children in foster care receive, protect, and build upon the federal benefits they have earned without losing them to offset costs associated with state care. These benefits often include Social Security survivors’ or dependent benefits or Department of Veterans Affairs benefits that a child becomes entitled to after the death or disability of a parent.

Modeled after other states, Leadbeter's legislation would:

• Require the Department of Human Services (DHS) to determine within 60 days whether any child entering care is receiving — or is eligible to receive — earned federal benefits, and to apply for those benefits when appropriate.

• Prohibit the Commonwealth from using a child’s earned benefits to pay for foster care or any other state-incurred costs.

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• Require DHS to conserve a child’s funds in an approved account that protects eligibility for public benefits, such as a special needs trust.

• Mandate annual accounting; transparency; and notice to the child, parents (when applicable), the child’s attorney, and placement providers concerning the management of the child’s benefits.

• Require that any remaining funds be released directly to the youth upon their exit from care.

The Success Sequence Savings and Disbursement Program, another critical aspect of this initiative, would allow foster youth to access portions of saved benefits upon reaching meaningful milestones such as obtaining identification, earning a high school diploma, enrolling in post-secondary or vocational training, maintaining consistent employment, or completing financial literacy education. Once the young person exits from care, any remaining benefits must be released to them if they are 18 years old or emancipated, or to a caretaker if the child is a minor.

According to Leadbeter: "Children who enter foster care often come from tough circumstances. Each year, thousands of foster youths nationwide unknowingly lose access to these earned benefits because child welfare agencies apply for the benefits, are appointed as representative payees and then use the child’s money to reimburse themselves for the cost of foster care. This practice strips vulnerable youth of assets intended to support their stability, promote independence and transition to adulthood. Any child eligible for earned federal benefits must be entitled to have those dollars available to them to better their future without government overreach and interference."