Updates to California’s Social Security Benefits – Who Will Be Impacted by the New Legislation?

Governor Gavin Newsom has signed a new bill that would protect tens of thousands of Californians’ Social Security benefits. After signing AB 2906 into law on Thursday, Newsom will ensure that Social Security survivor payments are directed to the foster youth for whom they are intended.

The proposed legislation would require foster children and their legal guardians to be notified anytime someone applies for Social Security survivor payments. These payments were intended for foster children who turned 18, but the state held them for years.

Social Security Will Contain Additional Criteria and Modifications in California

The whole state legislature supported the law before it reached Newsom’s desk last month. Newsweek earlier reported that they emailed Newsom and the Social Security Administration to obtain feedback. Although Newsom vetoed a bill containing disability compensation and foster youth survivor benefits last year, public pressure may have persuaded him to pass the package this time.

Earlier this month, the Los Angeles and San Diego Boards of Supervisors approved the legislation, and over 70 California judges signed a letter encouraging the governor to sign it.

According to Amy Harfeld, national policy director of the Children’s Advocacy Institute at the University of San Diego School of Law (CAI), having access to previously stolen assets could mean the difference between some foster children in California growing up without a roof over their heads or becoming homeless as they age out of care.

We commend Governor Newsom for adding California to the growing list of states taking action to put an end to this abhorrent practice while also addressing the state’s homelessness crisis.

In California, between 40,000 and 80,000 adolescents are on welfare, yet after they reach 18, they frequently face difficulty or outright homelessness. According to the Children’s Advocacy Institute, 29% of former foster adolescents aged 19 to 21 experience homelessness.

For years, California counties have siphoned Social Security payouts into their coffers, although the amounts owed might have been avoided.

Although county foster care organizations are mandated by federal law to prioritize the best interests of foster children when it comes to Social Security funds, counties have been avoiding this requirement by not soliciting input from the children who are expected to receive benefits.

Previously, counties in California could file for benefits for foster children without alerting the kid or their legal representative, and a judge was not required to oversee the child’s care. Foster children are eligible for Social Security benefits if they are disabled or if their parents made a certain amount of contributions to the system before retirement, disability, or death.

However, many people never received the money they were owed due to past laws. According to Robert Fellmeth, executive director and founder of the Children’s Advocacy Institute, these payments are effectively rounding errors for the counties. If qualified foster children had access to their funds, their lives may be drastically different, with a real shot at stable housing, food security, transportation, and education.

Several states, including California, are working to strengthen safeguards for the Social Security benefits of adopted children. As of this summer, thirty states and jurisdictions have taken steps to protect foster children’s benefits. Arizona, Washington, D.C., Oregon, and Massachusetts have all eliminated the practice of withholding money from foster care recipients.

Finally, it is crucial to note that foster care survivors who receive Social Security benefits are sometimes overlooked when it comes to preserving their benefits, even though they rely heavily on this assistance. The approval of this measure would give major financial support for many years, ensuring the system’s long-term financial stability.