Gov. Laura Kelly signed an executive order that forces the Kansas Department of Children and Families to apply for federal benefits for children in the foster care system and bars the state from using those federal benefits to reimburse itself for foster care service — which has been a longstanding practice among foster care systems nationwide.
Kelly is the first governor to implement a program like this via executive order. The Marshall Project reported in 2021 that 49 states and Washington, D.C., used federal benefits to reimburse themselves rather than giving them to the children they’re intended for.
“Currently, there are 950 children in Kansas foster care receiving federal benefits,” Kelly said on Friday. “These children, through no fault of their own, face significant life challenges, and the least we can do is to ensure that they receive the financial support they’re entitled to.”
Gov. Laura Kelly signs an executive order that puts benefits back to foster kids rather than to a department in front of child care advocates, Treasurer Steven Johnson, middle left, and KDADS Secretary Laura Howard, middle right, during a ceremonial signing inside the Kansas Statehouse Friday, Jan. 10, 2025.
Legislation reforming foster care failed
About a dozen states have reformed foster care systems to return federal assistance to the children, but all have done so legislatively rather than with an executive order. Secretary of the Kansas Department of Children and Families Laura Howard said states only started reforming recently after National Public Radio released a series about it.
House Bill 2552 during the 2024 legislative session would’ve done the same thing as Kelly’s executive order, but it was never brought to the floor for a vote.
Kendall Seal, vice president of policy at the Center for the Rights of Abused Children, retold the story of Ian Marx, a foster care child eligble for survivor benefits through the Department of Veterans Affairs and the Social Security Administration. But the funds, he learned upon becoming an adult, were taken by Louisiana’s foster care system.
“‘If I was paying for my time in foster care, I want a refund,'” Seal recalled Marx saying.
How foster care kids benefit
About 10 to 20% of foster care youth are likely eligible for federal cash benefits, and Kelly said some of the assistance will be available during childhood and as adults.
“Each child’s benefit can also make a difference in his or her life now, paying for things like extracurricular activities or school trips, they will also make a difference later, covering the cost of a car, an apartment deposit or other needs as young adults transition to independent living,” Kelly said.
Childcare advocates and Kansas officials listen to Gov. Laura Kelly answer questions on an executive order she signed helping foster children retain benefits during a ceremonial signing in the Kansas Statehouse Friday, Jan. 10, 2025.
The state typically took about $9 million per year in benefits from children in the foster care system, and will now have to make up that funding through another source. The amount received by an individual foster care varies depending on eligibility, but it’s capped at about $600 per month.
Kelly said that the Department of Children and Families will set up accounts for the funds and will provide annual reports to ensure transparency.
Most states still apply for benefits in foster care kids names, and pocket them to reimburse themselves if the child is eligible. Kelly said she hopes her executive order inspires other states to reform, even if the legislature doesn’t act.
“When children leave foster care, their funds will go with them, helping them take their next steps with some financial foundation,” Kelly said.
This article originally appeared on Topeka Capital-Journal: Kansas order ends longstanding use of foster kids’ benefits