Local Reform Efforts

District of Columbia 24-0857, Preserving Our Kids’ Equity Through Trusts (POKETT) Amendment Act of 2022, was introduced in June 2022 and approved by the Council in December 2022. This measure provides local funding for the cost of care of foster and disabled children to enable these children to leave care with their Social Security benefits still available. It also requires the Child and Family Services Agency to conserve children’s benefits in accounts that avoid transgressing federal resource limitations, creating a nest egg for when children leave care.

• 24-0857 Racial Equity Impact Assessment (Nov. 30, 2022)

In July 2021, the Los Angeles County Board of Supervisors unanimously passed a motion (see item 14) instructing the Director of Children and Family Services and the Chief Probation Officer to ensure a no-cost, interest-bearing, bank account is created for each eligible youth in foster care to deposit Social Security benefits to access upon exit from foster care, this could include a CalABLE account; and ensure minor youth’s caregiver or another appropriate person who is managing youth’s finances when the minor youth exits care are made the representative payee and nonminor dependents, or a representative when appropriate, are made payee so that they can receive Social Security benefits when they exit care, including making nonminor dependents aware of their right to become representative payees while still in care.The motion also instructs the Director of Children and Family Services and the Chief Probation Officer to report back to the Board on a variety of questions, including the number of foster youth currently entitled to benefits through any Social Security Administration program, and the percentage of youth whose court cases terminated in 2020 who were eligible for social security benefits who had maintenance and/or dedicated accounts, including how many, if any, of those youth were provided with these accounts and/or advised as to how to access funds held in trust on their behalf.

On December 30, 2021, the New York City Administration for Children’s Services (ACS) announced the launch of its “Child-Centric Social Security Benefits Plan,” which would be rolled out in two phases. The first phase, which was expected to launch in early 2022, is to ensure children in care who may be eligible for SSI or RSDI benefits have those benefits in place when they leave care. That phase was also to offer training to older youth, or their families/personal representatives, to ensure they understand the Social Security Administration requirements to maintain benefits. As part of the second phase, which was expected to be implemented in summer of 2022, ACS was scheduled to establish individual SSA compliant accounts for SSI and RSDI eligible children, up to the legal limit where applicable. ACS was lauded by NPR and others for its moral clarity and leadership: “Child welfare officials in New York City say they will stop collecting all of the Social Security checks from children in foster care and using that money to cover the costs of their care.” Despite its promise, and anecdotal reports that the agency has indeed begun to conserve survivor benefits, ACS has yet to release any formal policy changes regarding implementation of the reforms announced in 2021.

In April 2024, after ACS released draft policy language for comment, media reports quickly flagged that since 2022, ACS has "been telling the U.S. Social Security Administration to suspend [SSI] benefits for those kids for the duration of their stays in the city foster care system....The agency does so because if it allowed those children to receive SSI, the city would be ineligible under a federal restriction to receive a separate form of funding that helps it cover overall foster care costs...."

Also, ACS’ Strategic Priorities, Spring 2025 Update states as follows: "Child-Centric Social Security Benefits Initiative: In July 2022, ACS updated our approach to using Social Security benefits of an eligible foster youth to offset costs of care. We are currently saving funds for eligible youth to access upon discharge from foster care or reaching adulthood."

On April 10, 2025, the Philadelphia City Council adopted Resolution # 250362, which acknowledges, among other things, that DHS acknowledges keeping Social Security Benefits allocated to assist foster children and placing the money back into the city’s general fund, leading to an average of an annual loss of roughly $1.3 million, depriving an average of 380 children a year of their financial benefits, and authorizing the Committee on Public Health and Human Services to hold hearings to review the practices, policies, and procedures of DHS regarding child welfare protections and the safety of children under its care.

In Sept. 2022, the Philadelphia City Council enacted Bill No. 220239, to add new provisions related to screening and application for benefits for foster youth; limiting the use of Social Security, Supplemental Security Income, Veterans or other various benefits; and providing notice to the foster child for certain actions taken with respect to Social Security and other benefits; all under certain terms and conditions.