A new bill signed by Governor Gavin Newsom on Thursday will restore benefits that foster care advocates say some young people should have been receiving all along. The state legislation, which officials in San Diego County supported earlier this year, will ensure that children in foster care whose parents have died receive survivor benefits when they turn 18, instead of allowing counties to keep those benefits. The new law also requires counties in California to evaluate all youth in foster care for eligibility within two months of entering the system and to be accountable for the funds received on behalf of a child.
The Institute for Defending Children at the University of San Diego estimates that between 40,000 and 80,000 youth in foster care are eligible for or receiving Social Security disability, survivor, or other benefits, which can exceed $900 per month. The institute co-sponsored the bill and also highlights that young people with disabilities in foster care are particularly vulnerable, as their benefits can still be taken by the state and used for their care.
Despite considering Newsom’s decision last week a “major victory,” advocates acknowledge that there is still work to be done in California, which is the only state to make a distinction on which Social Security benefits to protect. The legislation does not offer protection for all vulnerable groups, such as disabled youth in foster care, whose benefits can still be misappropriated. While the bill does not apply retroactively, it aims to ensure that foster youth receive the benefits they are entitled to moving forward.
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