Kelly signs executive order to ensure federal benefits belong to youth in foster care
TOPEKA – Governor Laura Kelly on Friday signed Executive Order 25-01, a first of its kind executive order to reform the allocation of federal benefits to foster youth.
“Federal benefits belong to the child – it’s their property,” Governor Laura Kelly said.“By ending the exploitation of children’s property as a revenue source, we are demonstrating our commitment to improving the foster care system in Kansas.”
Executive Order 25-01 is the nation’s first executive order to comprehensively reform the practice of distributing federal benefits to qualifying foster youth and will increase support for children and their families, enhance transparency, and improve the process of transitioning benefits when a child leaves foster care.
Some children in foster care are entitled to federal cash support benefits such as supplemental security income (SSI) disability, Social Security Administration (SSA) survivor benefits, and Department of Veterans Affairs (VA) benefits. As of Dec. 31, 2024, there are a total of 950 Kansas children receiving federal benefits in the custody of the secretary. Through longstanding practice, most states – including Kansas – use those funds to reimburse themselves for the cost of providing essential food, clothing, and shelter.
“The use of federal benefits to support the needs of youth in the foster care system is becoming a practice of the past,” said Secretary Laura Howard, Kansas Department for Children and Families. “Once again, Kansas is on the leading edge of empowering youth in care to have a strong voice as they design their futures – using the federal benefits that belong to them.”
Under the new executive order, the Kansas Department for Children and Families (DCF) will stop using children’s benefits to reimburse itself for the cost of providing their basic needs while in the agency’s care. Instead, the agency will first screen for eligibility and apply for federal benefits on behalf of children in care. If DCF acts as the fiduciary, they will deposit children’s funds in accounts suitable for preserving their benefits. The agency will work to identify other adults who may wish to apply to manage the funds until the child turns 18.
DCF will track and provide annual accountings of the use, application, or conservation of funds, and will transfer the balance of the account to the child or their new representative payee once the child leaves care.
These funds, which will be held in ABLE accounts, could be used for expenses such as extracurricular activities and school trips while a child is still in care or saved for expenditures such as a car or apartment deposit for young adults exiting foster care.
“I am excited about this new partnership to help more Kansans discover the life-changing benefits of the Kansas ABLE Savings Plan,” said State Treasurer Steven Johnson.“DCF’s initiative to establish ABLE accounts for eligible children under their care will help open the doors of opportunity. As these children leave the care of the state, their ABLE account will serve as an impactful financial tool to help them build a secure and independent future.”
Governor Kelly is urging the Legislature to codify this executive order and cease the exploitation of children’s property as a revenue source once and for all.
“I know firsthand how beneficial access to these benefits would have been for myself and others,” said Gabriella Pogány, a youth advocate with lived experience. “This policy change will help give youth a sense of stability and control over their future. Governor Kelly’s office is making a real difference in our lives with this executive order.”
DCF will release additional guidance for families and youth in care regarding the changes outlined in the executive order.