@WTAF: states stealing from kids in foster care

[mouse]

www.npr.org/2021/04/22/988806806/state-foster-care-agencies-take-millions-of-dollars-owed-to-children-in-their-ca



States collecting Social Security and other benefits in kids’ names and funneling them into state coffers. Some states even pay private companies to do this for them, so people are literally profiting from this.

When I think about how much kids struggle with the transition to adulthood, I think my head is going to explode.

[notsopicky]

That is outrageous. Holy shit. Think about what that money could do for them once they age out of the system.

It seems like government doesn't think of the long-game for anything. Hey, you want to set foster kids up for success, to be less likely to need government assistance later on? Well then how about don't steal their fucking money, eh?

And GTFO with this: "In interviews, several officials also said that children in foster care are not mature enough to make good financial choices on their own and that their family members or foster parents may have ill intentions and pocket the cash."

[1yeartogo]

I don’t think this practice is right. The majority of children in foster care are not receiving SSD which is a very complicated application process with renewals to prove level of disability. Obviously, survivors benefits from SSA are different and would be based on their parent having passed away and what they deposit into SS while alive.

The state is essentially saying we will use these funds to help pay for your care (housing, medical, etc.) which for children with SSD the care costs my likely be very high if there are significant medical needs.

I’m sure this will be fought out in the courts, and my guess is the state isn’t allowed to take it because children without SSD/SSA don’t “pay for their own care” in the foster system creating a dual standard.

However, I will say that for many/most children (not involved with the FS system) they are never getting these SSD funds either. Let’s say an aunt took them in to raise them...she would apply to be their SSD representative payee and then would explain how she would use those funds to care for the child as she raises them (I.e. $250 each month will go to pay for specialized therapy visits each month, $75 a month will go to buying clothes, etc) those funds are spent as the cost of raising this child.

I don’t think most children in this circumstance are being left with big piles of accumulated $$ from this when they turn 18 especially for the children with SSD. Maybe for the children with SSA if their parents had life insurance policies to be used for their care as well the survivor benefits would be set aside for them directly.

With all that said, children who age out of the FS system absolutely need those funds to support them as they start living on their own so hopefully this practice will be stopped and become available to them at 18.

[seeyalater52]

What the ACTUAL FUCK?

They’re taking a (flawed) logic that is used on adults - to recoup costs associated with safety net care costs where possible - and applying it to children who are in foster care because the adults in their life couldn’t care for them.

Like, even IF you think it’s ok to claw back for Medicaid or whatever, how in the world would you justify applying this logic to minors?

I’m sick to my stomach.

[seeyalater52]

1yeartogo I think analogizing it to a child living with their family of origin isn’t a fair comparison. Children who are raised by their own families - even in kinship care - have access to a support network, financial and otherwise, that kids aging out of foster care just don’t have.

[1yeartogo]

Apr 23, 2021 5:55:38 GMT -5 seeyalater52 said:

1yeartogo I think analogizing it to a child living with their family of origin isn’t a fair comparison. Children who are raised by their own families - even in kinship care - have access to a support network, financial and otherwise, that kids aging out of foster care just don’t have.

I agree with you, that’s why I said children aging out of the FS should have this as a support and be provided the funds. I worked in FC in the past and 1000% know that children aging out do not have those networks.

It’s going to end up being a big legal battle because this is essentially the state taking federal funds as a clawback for the care of these children at the state/county level. I think the only reasonable solution would be for them to create a savings or some type of bank account for children in these circumstances. I absolutely DO NOT think foster parents should be given these funds unless it becomes an adoption situation. If the money is related to the care of the child and the state/county is covering that for every other child within the system then these funds should be preserved for future care needs. I think the child themselves should be able to petition to use some the $$ in the fund before they turn 18, but there would have to be an approval process.

[seeyalater52]

Apr 23, 2021 6:23:46 GMT -5 1yeartogo said:

Apr 23, 2021 5:55:38 GMT -5 seeyalater52 said:

1yeartogo I think analogizing it to a child living with their family of origin isn’t a fair comparison. Children who are raised by their own families - even in kinship care - have access to a support network, financial and otherwise, that kids aging out of foster care just don’t have.

I agree with you, that’s why I said children aging out of the FS should have this as a support and be provided the funds. I worked in FC in the past and 1000% know that children aging out do not have those networks.

It’s going to end up being a big legal battle because this is essentially the state taking federal funds as a clawback for the care of these children at the state/county level. I think the only reasonable solution would be for them to create a savings or some type of bank account for children in these circumstances. I absolutely DO NOT think foster parents should be given these funds unless it becomes an adoption situation. If the money is related to the care of the child and the state/county is covering that for every other child within the system then these funds should be preserved for future care needs. I think the child themselves should be able to petition to use some the $$ in the fund before they turn 18, but there would have to be an approval process.

I agree with all of this. At a minimum the funds should be saved until the child ages out.

I remembered that you were a social worker so I wasn’t disagreeing with you - more saying that the logic they’re using is really messed up because you know they’ll come back with that justification and it just doesn’t hold up here.

[Pom]

This is disgusting. I have been volunteering for the last few years with a non-profit that provides housing and life skills training for children aged out of foster care system and kinship care families. There is unimaginable demand for housing and support for those kids left to fend for themselves at 18.

“Some states also take veterans' benefits from children with a parent who died in the military, though this has become less common as casualties have declined since the Iraq War.” What kind of ghoulish shit is this? This country is not great. Far from it. And as far as I can tell, conservatives like that just fine.

[kershnic]

I haven't read the article yet, but most of these kids are probably receiving SSI and I'm fairly confident there's a 2k resource cap on SSI so they cannot accumulate this money. It's meant for monthly maintenance costs.

[momof2]

@@@@@

I might be hijacking the post, but it seems like folks in here might know how this works.

I am definitely not trying to defend the states here, but I have a child with profound disabilities and I’m trying to think through how this works. In my case, my kid is legally entitled to Medicaid through a waiver (we are high income) but the waitlist is years long. She should get it once she is 18 on her own. I think she will also get SSI once she is 18.

Let assume she is still living with us from age 18-22 and collecting SSI. My husband and I will have guardianship (she truly has no ability to make a decision or commmunicate with the world). That money will come in and we will spend it on her food, etc.

At age 22, let’s pretend she goes to a Medicaid funded group home.I think she will actually go to an intermediate care facility. Does she still collect SSI and use it for extra stuff? Or does it somehow get recouped by Medicaid?

[sent]

“States first turned to for-profit companies to mine foster children for cash during the Reagan era“

I feel like I’ve been reading so many articles across different topics that all basically say “we were a pretty good nation until the Reagan era when the foundation was laid for all the ills we see today in 2021.”

This is so horrible. SSDI is pretty hard to get from my experience applying as an adult. I had to gather a lot of medical records to show my disability and then there were layers of people and rounds of appeals who reviewed all of it. The state must just walk over with a stack of applications and say “approve these or else” if they’re getting all these kids on disability because of emotional trauma.

[aspentosh]

This makes me sick.

[karinothing]

This is messed up. I also find it messed up that TANF takes child support.

[mouse]

I really hope this legislation passes. It’s hard to think that 36 states engage in this practice.

Now Congress could take up the matter, possibly as soon as this summer. The proposed legislation would prohibit states from taking kids' cash to cover public expenses, require that every foster child and their lawyer be regularly notified about their benefits, and offer protected trust accounts to hold the money in until recipients reach adulthood.

The bill would also require that states continue to screen foster children for Social Security eligibility so that these agencies don't stop helping kids get benefits just because they no longer have a financial incentive to do so. (A similar bill is making its way through the Texas Legislature.)

Also, I feel like there might be more to be said about a private company it sounded like going through kids’ private health records to apply for disability on their behalf. Holy shit, the privacy violation.

[sahara78]

Apr 23, 2021 7:58:37 GMT -5 momof2 said:

@@@@@

I might be hijacking the post, but it seems like folks in here might know how this works.

I am definitely not trying to defend the states here, but I have a child with profound disabilities and I’m trying to think through how this works. In my case, my kid is legally entitled to Medicaid through a waiver (we are high income) but the waitlist is years long. She should get it once she is 18 on her own. I think she will also get SSI once she is 18.

Let assume she is still living with us from age 18-22 and collecting SSI. My husband and I will have guardianship (she truly has no ability to make a decision or commmunicate with the world). That money will come in and we will spend it on her food, etc.

At age 22, let’s pretend she goes to a Medicaid funded group home.I think she will actually go to an intermediate care facility. Does she still collect SSI and use it for extra stuff? Or does it somehow get recouped by Medicaid?

If Medicaid pays for the group home, I believe she’d get only get a Monthly Personal Needs allowance from SSI. The amount varies by state, with the minimum set at $30/month.

www.kff.org/report-section/medicaid-financial-eligibility-for-seniors-and-people-with-disabilities-findings-from-a-50-state-survey-issue-brief/

[momof2]

Apr 23, 2021 13:37:01 GMT -5 sahara78 said:

Apr 23, 2021 7:58:37 GMT -5 momof2 said:

@@@@@

I might be hijacking the post, but it seems like folks in here might know how this works.

I am definitely not trying to defend the states here, but I have a child with profound disabilities and I’m trying to think through how this works. In my case, my kid is legally entitled to Medicaid through a waiver (we are high income) but the waitlist is years long. She should get it once she is 18 on her own. I think she will also get SSI once she is 18.

Let assume she is still living with us from age 18-22 and collecting SSI. My husband and I will have guardianship (she truly has no ability to make a decision or commmunicate with the world). That money will come in and we will spend it on her food, etc.

At age 22, let’s pretend she goes to a Medicaid funded group home.I think she will actually go to an intermediate care facility. Does she still collect SSI and use it for extra stuff? Or does it somehow get recouped by Medicaid?

If Medicaid pays for the group home, I believe she’d get only get a Monthly Personal Needs allowance from SSI. The amount varies by state, with the minimum set at $30/month.

www.kff.org/report-section/medicaid-financial-eligibility-for-seniors-and-people-with-disabilities-findings-from-a-50-state-survey-issue-brief/

Thank you so much

[lizlemon19]

This was always something that bothered me when I worked for DCF. I don’t know what the solution is. Ideally they would have a “trust” or something with a PNA account for things they needed while growing up. One of the issues is who would manage it? An attorney? They are so overworked and there is so much turnover. I think it is especially vile to take death benefits owed to a child. DOR would take the money. Same thing with child support if a parent was paying it or owed it. They are essentially paying for their kid to be in foster or group care.

Imagine if youth aging out of foster care got a UBI or nest egg?

[agnes]

Apr 23, 2021 18:16:07 GMT -5 lizlemon19 said:

This was always something that bothered me when I worked for DCF. I don’t know what the solution is. Ideally they would have a “trust” or something with a PNA account for things they needed while growing up. One of the issues is who would manage it? An attorney? They are so overworked and there is so much turnover. I think it is especially vile to take death benefits owed to a child. DOR would take the money. Same thing with child support if a parent was paying it or owed it. They are essentially paying for their kid to be in foster or group care.

Imagine if youth aging out of foster care got a UBI or nest egg?

in my county there is an agency called Public Guardian that oversees conservatorship or those unable to care for themselves. I think this is something they would do