In the near future, I intend to introduce the Foster Youth Earned Benefits Protection for Success Act, which ensures that foster youth in Pennsylvania are able to access, save, and benefit from the federal earned benefits that belong to them - not the government.  These benefits often include Social Security survivors’ or dependent benefits or Veterans Affairs benefits that a child becomes entitled to after the death or disability of a parent.
 
Each year, thousands of foster youth 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, independence, and transition to adulthood.
 
My legislation, modeled on best practices adopted in other states, establishes a clear and child-centered framework to protect these benefits.  Among other provisions, the bill 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.
• 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.

 
This legislation ensures that foster youth - many of whom have already faced tragedy and instability - are not deprived of assets that belong to them by right.  Instead, the bill establishes a structured savings and financial-readiness path that empowers youth, promotes self-sufficiency, and helps them transition successfully into adulthood.
 
Please join me in cosponsoring this important piece of legislation.