{ "id": "RL33855", "type": "CRS Report", "typeId": "REPORTS", "number": "RL33855", "active": false, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 420263, "date": "2012-09-28", "retrieved": "2016-04-06T23:54:14.854098", "title": "Child Welfare: Social Security and Supplemental Security Income (SSI) Benefits for Children in Foster Care", "summary": "Of the more than 400,000 children in foster care on a given day, as many as 24,000 (about 6%) receive Supplemental Security Income (SSI) or other Social Security benefits. Some research suggests that a greater number of children in foster care might be eligible for SSI benefits if this assistance was sought. SSI benefits are available under Title XVI of the Social Security Act for certain disabled children from families with low incomes and minimal assets. Other Social Security benefits may be paid under Title II of the act to the children of workers who have retired, become disabled, or died.\nFederal regulations require that in most cases the Social Security Administration (SSA) select and assign a representative payee\u2014an individual, organization, or government entity\u2014that manages SSI and Social Security payments for children, including those in foster care. Nearly all states designated as the representative payee for a foster child use the child\u2019s benefits to support the child in foster care. In Washington State Department of Social and Health Services v. Guardianship Estate of Keffeler (hereinafter Keffeler), the Supreme Court held that the process used by the state of Washington to keep the Social Security benefits received as a child\u2019s representative payee was not prohibited by the Social Security Act. The Court also concluded that the use of funds for reimbursement for foster care services was consistent with the act\u2019s provisions that such funds be spent for the \u201cuse and benefit of the beneficiary\u201d and within the regulatory definition of \u201ccurrent maintenance\u201d (i.e., food, clothing, shelter, medical care, and personal comfort items).\nAlthough the Keffeler decision supports states\u2019 practice of using SSI and other Social Security benefits for reimbursement of foster care, some child advocates assert that by using these benefits to reimburse the cost of foster care, the state agency denies the child beneficiaries funding that rightly belongs to them. Advocates also raise concern that child welfare agencies are often automatically assigned as the representative payee for foster children. On the other hand, child welfare agencies and advocates argue that if states were not able to use benefits to pay for a child\u2019s foster care, they would stop screening children to determine their eligibility for these Social Security programs. They further raise the concern that if a foster child\u2019s SSI benefits were allowed to accumulate in a savings account, the child would soon surpass the \u201cmeans test\u201d for SSI and would lose eligibility for the benefits.\nChanges governing how child welfare agencies are assigned as representative payees or how they use the Social Security benefits of foster children would require congressional action. For example, Congress could permit or require states that act as representative payees to \u201cpass through\u201d some or all benefits to eligible foster children and those children could receive a portion of the benefits while in care and/or upon leaving care. Congress could also make changes to the selection of representative payees so that certain individuals, such as the child\u2019s attorney, would have the opportunity to serve as the payee. \nLegislation has been introduced that would prohibit using SSI or Title II Social Security benefits to reimburse a state for foster care maintenance payments; require state child welfare agencies to screen foster children for benefits; and for any foster child already receiving benefits, it would also require the state to develop a plan to \u201cconserve benefits not necessary for the immediate needs of the child\u201d to enable the child to \u201cachieve self-support after leaving foster care.\u201d", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL33855", "sha1": "361fb727c278b8616be23236ec99b5f6eb1def65", "filename": "files/20120928_RL33855_361fb727c278b8616be23236ec99b5f6eb1def65.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL33855", "sha1": "838beeb2d213dd806fa97bf252d6e756fec85d08", "filename": "files/20120928_RL33855_838beeb2d213dd806fa97bf252d6e756fec85d08.pdf", "images": null } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc819262/", "id": "RL33855_2012Sep26", "date": "2012-09-26", "retrieved": "2016-03-19T13:57:26", "title": "Child Welfare: Social Security and Supplemental Security Income (SSI) Benefits for Children in Foster Care", "summary": "This report begins with a discussion of the foster care system and the Social Security benefits available to eligible children, including those in foster care. It then describes the role of representative payees and their responsibilities. The report provides data on the use of Social Security benefits to reimburse states for child welfare, and includes a discussion of the Keffeler decision. Finally, the report concludes with proposals supported by some advocates to change the current practice of using SSI and other Social Security benefits to fund foster care.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20120926_RL33855_1bfa7af19bb75e76f3a4d7854dfe58f4ef69650b.pdf" } ], "topics": [ { "source": "LIV", "id": "Foster home care", "name": "Foster home care" }, { "source": "LIV", "id": "Welfare", "name": "Welfare" }, { "source": "LIV", "id": "Children", "name": "Children" }, { "source": "LIV", "id": "Social security", "name": "Social security" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc820942/", "id": "RL33855_2011Apr27", "date": "2011-04-27", "retrieved": "2016-03-19T13:57:26", "title": "Child Welfare: Social Security and Supplemental Security Income (SSI) Benefits for Children in Foster Care", "summary": "This report begins with a discussion of the foster care system and the Social Security benefits available to eligible children, including those in foster care. It then describes the role of representative payees and their responsibilities. The report provides data on the use of Social Security benefits to reimburse states for child welfare, and includes a discussion of the Keffeler decision. Finally, the report concludes with proposals supported by some advocates to change the current practice of using SSI and other Social Security benefits to fund foster care.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20110427_RL33855_d419b081d2a73798cc6eb7f444b7d96c08873dc5.pdf" }, { "format": "HTML", "filename": "files/20110427_RL33855_d419b081d2a73798cc6eb7f444b7d96c08873dc5.html" } ], "topics": [ { "source": "LIV", "id": "Foster home care", "name": "Foster home care" }, { "source": "LIV", "id": "Welfare", "name": "Welfare" }, { "source": "LIV", "id": "Children", "name": "Children" }, { "source": "LIV", "id": "Social security", "name": "Social security" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc813581/", "id": "RL33855_2008Jan22", "date": "2008-01-22", "retrieved": "2016-03-19T13:57:26", "title": "Child Welfare: Social Security and Supplemental Security Income (SSI) Benefits for Children in Foster Care", "summary": "This report begins with a discussion of the foster care system and the Social Security benefits available to eligible children, including those in foster care. It then describes the role of representative payees and their responsibilities. The report provides data on the use of Social Security benefits to reimburse states for child welfare, and includes a discussion of the Keffeler decision. Finally, the report concludes with proposals supported by some advocates to change the current practice of using SSI and other Social Security benefits to fund foster care (including legislation introduced in the 110th Congress), as well as with a discussion of state initiatives to screen all foster children for Social Security and to pass along some benefits to eligible children.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20080122_RL33855_02616804caeb96c47ae68f7791fb7750f63ecc44.pdf" }, { "format": "HTML", "filename": "files/20080122_RL33855_02616804caeb96c47ae68f7791fb7750f63ecc44.html" } ], "topics": [ { "source": "LIV", "id": "Foster home care", "name": "Foster home care" }, { "source": "LIV", "id": "Welfare", "name": "Welfare" }, { "source": "LIV", "id": "Children", "name": "Children" }, { "source": "LIV", "id": "Social security", "name": "Social security" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc820289/", "id": "RL33855_2007Feb01", "date": "2007-02-01", "retrieved": "2016-03-19T13:57:26", "title": "Child Welfare: Social Security and Supplemental Security Income (SSI) Benefits for Children in Foster Care", "summary": "This report begins with a discussion of the foster care system and the Social Security benefits available to eligible children, including those in foster care. It then describes the role of representative payees and their responsibilities. The report provides data on the use of Social Security benefits to reimburse states for child welfare, and includes a discussion of the Keffeler decision. Finally, the report concludes with proposals supported by some advocates to change the current practice of using SSI and other Social Security benefits to fund foster care, as well as with a discussion of state initiatives to screen all foster children for Social Security and to pass along some benefits to eligible children.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20070201_RL33855_74c6ca78df3e6a47ba31791b760c32e15f704474.pdf" }, { "format": "HTML", "filename": "files/20070201_RL33855_74c6ca78df3e6a47ba31791b760c32e15f704474.html" } ], "topics": [ { "source": "LIV", "id": "Foster home care", "name": "Foster home care" }, { "source": "LIV", "id": "Welfare", "name": "Welfare" }, { "source": "LIV", "id": "Children", "name": "Children" }, { "source": "LIV", "id": "Social security", "name": "Social security" } ] } ], "topics": [ "Domestic Social Policy", "Health Policy" ] }