TOPEKA, Kan. — On Friday, Jan. 10, 2025, Governor Laura Kelly signed Executive Order 25-01, which aims to reform how federal benefits are allocated to foster youth. This executive order is the first of its kind in the nation and seeks to end the practice of using children’s property as a revenue source, thereby demonstrating a commitment to improving the foster care system in Kansas.
According to the Office of Governor Kelly, Executive Order 25-01 intends to comprehensively reform the distribution of federal benefits to foster youth, enhancing support for children and their families, improving transparency, and facilitating the transition of benefits when a child exits foster care. As of Dec. 31, 2024, there are reportedly 950 children in Kansas, in foster care receiving federal benefits like supplemental security income (SSI), Social Security Administration (SSA) survivor benefits, and Department of Veterans Affairs (VA) benefits. Traditionally, Kansas and other states have used these funds to cover the costs of providing essential needs such as food, clothing, and shelter.
The Kansas Department for Children and Families (DCF), under the new executive order, will cease using children’s benefits for self-reimbursement of basic care costs. Instead, DCF will first determine eligibility and apply for federal benefits for children in care. If DCF serves as the fiduciary, children’s funds will be placed in accounts that preserve their benefits. The agency will also seek other adults who may wish to manage these funds until the child reaches 18.
DCF will provide annual accountings of the funds’ use, application, or conservation and transfer the account balance to the child or a new representative payee upon their departure from care. These funds will be held in ABLE accounts, allowing for use on expenses such as extracurricular activities and school trips during care, or saved for significant expenditures like a car or apartment deposit when transitioning out of foster care.
The initiative to establish ABLE accounts for eligible children under DCF care is seen as a partnership that will help open opportunities for foster youth, offering them a financial tool for a secure and independent future. Governor Kelly is urging the Legislature to codify this executive order to permanently end the exploitation of children’s property as revenue. DCF will also provide further guidance for families and youth in care about the changes brought by the executive order.
