Survivor Benefits 2023 session outcome
We sought an immediate end to MN counties stealing legally owed social security benefits from Fosters who have lost a parent. We advocated for establishing individual trusts for impacted Fosters that included related protections. While also funding counties for lost income and indemnifying them if they repay past funds.
Unfortunately, our full bill did not pass. Instead, an alternative proposal was passed which will study the issue. In this alternative proposal, we pushed for greater accountability by including provisions requiring MN counties to report how many Fosters are being stolen from as well as the exact amount. This will give us a better understanding of the impact and allow us to provide real accountability for this egregious practice. The Health and Human Services Omnibus bill (Article 14, Sec. 37 Page 649-652) includes a 2-year, mandated study of the current practice. The Commissioner of Human Services must develop a plan and recommendations to preserve and make these funds available to meet the child’s best interest. The final report and recommendations are due by January 15, 2025.
Survivor Benefits is an issue that Foster Advocates will continue to prioritize. We are not doing right by Fosters in Minnesota, our children, if we are stealing from them and their futures. We look forward to focusing on additional pathways to justice for Fosters experiencing this theft in Minnesota.
Survivor Benefits for Fosters
Current Practice in MN
An estimated 1,400 children in foster care are eligible for federal Supplemental Social Security Income, largely due to receiving Survivor Benefits because of a death of a parent.
However, under current law, child welfare agencies take this money and make children pay for foster care. This is immoral, likely illegal, and we can change it to ensure Fosters receive the benefits they are due.
Fosters' Solution — child welfare agencies would be required to:
Apply to be the representative payee for the child while in care
Notify the young person of eligibility and the amounts received annually
Establish and manage a trust that will be made available to Fosters at 18 years old
Survivor benefits testimony from Foster leaders
Support Fosters’ Vision
You can support Minnesota Fosters by spreading the word about this important issue (see our 1-pager and media coverage on this issue below), and stay tuned for action updates during the legislative session!
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