Kansas Gov. Kelly’s Order Rocks Foster Care System – Critics Are Fuming

by | Feb 14, 2025

In a major change to how Kansas handles benefits meant for foster children, Governor Laura Kelly has signed Executive Order 25-01.

This order stops the state from taking federal benefits from foster kids and using them to cover the cost of their care.

Instead, the money will now go directly to the children, helping them transition into adulthood with more financial security.

For years, Kansas, like many other states, applied for federal benefits on behalf of foster children and then used those funds to pay for their basic needs.

These benefits include Social Security disability payments, survivor benefits from deceased parents, and veterans’ benefits.

In practice, the state was using these kids’ own money to cover the cost of foster care.

This order changes that.

Now, those funds will go into special savings accounts – called ABLE accounts – that children can access when they leave foster care.

These accounts will help them with important expenses, such as education, transportation, and housing.

A Step Toward Protecting Foster Children

Governor Kelly’s move has been praised by child advocates who argue that foster children should have full access to their own benefits.

Gabriella Pogány, a youth advocate who was in foster care herself, explained why this matters:

“I know firsthand how beneficial access to these benefits would have been for myself and others. This policy change will help give youth a sense of stability and control over their future.”

The Kansas Department for Children and Families (DCF) will now manage these funds differently. Instead of using them to reimburse itself, DCF will ensure that the benefits go directly to the children.

The department will also increase transparency in how these funds are handled.

But some say this move doesn’t go far enough. Governor Kelly has asked the Kansas Legislature to turn this executive order into law, ensuring future governors can’t undo the change.

“This should not be a partisan issue,” Kelly said. “These benefits belong to the children.”

A National Trend?

Kansas is the first state to make this reform through an executive order, but the issue is getting national attention. Child advocacy groups are urging other states to follow suit.

One of those groups is the Center for Children, an organization working to protect foster kids’ rights.

In a Valentine’s Day message, Darcy Olsen, the group’s founder, celebrated Kansas’ new policy and called on other states to adopt similar reforms.

“We believe every abused child needs an attorney – no less than a criminal defendant,” Olsen wrote. “Until that right is secured, we refuse to stand by while children fall through the cracks of a broken system.”

The Center for Children has also developed a model executive order that other states can use to stop the practice of taking foster children’s benefits.

They are pushing state legislatures to pass the Foster Youth Bill of Rights, which would protect kids in care and give them more control over their own finances.

Critics Push Back

Not everyone supports the governor’s order.

Some state officials argue that these funds were being used to provide food, shelter, and other essential services for foster kids. They say that without this money, taxpayers may have to cover the costs instead.

Supporters of the order counter that it’s unfair for the government to take money that rightfully belongs to these children.

They point out that most kids in America don’t have to give up their inheritance or disability benefits to pay for their basic needs – why should foster kids be any different?

What Comes Next?

With state legislatures back in session, lawmakers across the country have the chance to take action. Groups like the Center for Children are pushing for reforms that would not only protect foster kids’ benefits but also improve how missing or trafficked foster children are tracked and reported.

For now, Kansas has taken a big step forward.

But for advocates, this is just the beginning of a broader fight to ensure that foster children are treated fairly and given the financial support they need to succeed.

If you want to help bring these reforms to your state, advocacy groups are urging people to contact their legislators and push for change.

The fight for foster kids’ rights is far from over, but Kansas has set an important precedent that others may soon follow.

This article was written with the assistance of AI. Please verify information and consult additional sources as needed.

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