"The Hidden Crisis: Vulnerable Foster Children Denied Benefits Due to Legal Loophole"

Ian Marks' story is particularly heartbreaking – his mom and dad were both in the military: "And my dad had killed my mother when I think I was around, like, 11 or 10 years old. I found her body in my house."

But their shared loss doesn't end there. After being placed in foster care, they discovered that government benefits that they should have been receiving after the deaths of their parents – Social Security, death or veterans benefits – had instead been claimed by the state.

Kasieta said, "While I was in foster care, I realized that I was supposed to be receiving these benefits. I inquired with my case worker, and they informed me that they would be taking the checks to reimburse themselves for my care and my siblings' care."

And that's the issue here: in most states, foster kids receive their care for free. The only children who are singled out to pay for their own care are those receiving federal benefits, either because they are disabled, or have a deceased parent.

Amy Harfeld, the national policy director for the Children's Advocacy Institute at the University of San Diego School of Law, said, "It's not the state's money to take; it's the child's money. It's their property."

Harfeld emphasized the vulnerability of children who have lost parents, stating that these young individuals have significant needs. She pointed out that the benefits intended for them are currently being utilized solely for the state's benefit.

Contrary to the intended purpose of supporting foster care, Harfeld revealed that the funds are not allocated for that cause. She mentioned, "No, they're taking the money really, in most cases, to put in general state accounts."

Nationally, more than 25,000 children in foster care entitled to benefits (as per the Social Security Administration) are impacted by this practice. However, Harfeld highlighted that most children are unaware of this situation, as agencies often apply for survivor and disability benefits without informing the child or their relatives.

"The secrecy surrounding this issue is particularly concerning," Harfeld expressed. "Many states may defend this practice, but I question why they are conducting it without the knowledge of the children or their legal representatives. If everything is legitimate, why keep it hidden from those directly affected?"

Ian Marks expressed his frustration, stating, "My mother's hard work in the military was not meant for the state to simply take the money and do nothing with it. No changes, no benefits for me."

While Marks was fortunate to be placed with one family, many older children in foster care end up in group homes or constantly moving between different homes. Justin Kasieta, for example, lived in four different homes and attended four different schools during high school.

Transitioning out of foster care can be particularly challenging. Marks shared, "I aged out at 18 years old. You lose access to a case worker and are left to fend for yourself. They might check if you have a job or a place to stay, but if not, you could end up on the streets, which has sadly happened to many."

Katrina White's experience reflects this harsh reality. After aging out of foster care at 21 in the fall of 2022, she found herself living in a tent next to a busy San Diego freeway. "I would wake up early before the streetlights turned off completely, look around, and ask myself if this was where I really wanted to be," she recounted.

Since 2016 Davis has been advocating for Congress to prevent states from withholding federal benefits from foster children. He proposed creating a reserve fund to serve as a nest egg for these individuals as they age out of the system.

Despite his efforts, Congressman Davis has faced challenges in getting any version of the bill to a vote. He described the process as "challenging."

However, there is a growing acknowledgment of the need for more support for children transitioning out of foster care. Seven states (Connecticut, New Jersey, Maryland, Illinois, Nebraska, Arizona, and Oregon) have already enacted laws to assist children in retaining their federal benefits. In California, a similar bill was vetoed by the Governor last year due to a state budget shortfall.

Furthermore, there are indications that the federal agency responsible for paying these benefits may take further action. Martin O'Malley, the former governor of Maryland who now serves as the commissioner of the Social Security Administration, expressed his belief that it is unjust for children entitled to Social Security benefits to bear the cost of foster care while other children do not. He emphasized the importance of conserving some of these funds for children receiving Social Security benefits.

Moriarty's Question

Moriarty asked, "So you're admitting it doesn't happen. Isn't that a violation of your own regulations, that this money is supposed to be conserved for these kids?"

"At this point, it is not," O'Malley replied. "But the question is, should it be?"

Hope for the Future

Any future changes will come too late for A.J. and other children aging out of foster care now. A.J. estimates he missed out on $72,000 over six years. According to Kasieta, "Over $18,000 was taken."

All four have still managed to beat the odds, and have gone on to college. Anthony Jackson is working on an art degree; Ian Marks is in law school; Justin Kasieta recently graduated from the University of Michigan; and Katrina White is studying social work, and now has stable housing.

Advocacy for Foster Youth

Sarah Pauter, who was once there herself, said these are the lucky ones. She said she feels strongly about the issue of benefits, "because the outcomes of the young people who leave foster care are so bad. And so, until we have created a system that ensures that foster youth get everything that they need and that they make this transition to adulthood successfully, then it does not make sense for us to intercept money that could help them do that."

      
For more info:

• Amy Harfeld, national policy director, Children's Advocacy Institute, University of San Diego School of Law
• Preserving federal benefits of foster youth (Children's Advocacy Institute)
• Rep. Danny Davis (D-Ill.)
• Martin O'Malley, commissioner, Social Security Administration
• Sarah Pauter, founder and CEO, Phenomenal Families

     
Story produced by Sari Aviv. Editors: Maria Barrow and George Pozderec.