Committee urged to codify DCF policy protecting Social Security benefits for foster youth

House and Senate sponsors and more than a dozen advocates told the Joint Committee on Children, Families and Persons with Disabilities that they support legislation to prevent the Department of Children and Families from diverting Social Security and related federal benefits paid on behalf of children in foster care.

Kat Kerian, public policy and advocacy manager at Hopewell, told the committee: "It is paramount that these changes are codified into law." She said DCF’s 2024 practice change to conserve benefits and open ABLE accounts is welcome but needs statutory protection to prevent future reversals.

Advocates described the prior practice — which they said had resulted in federal survivor and disability benefits being routed to the Commonwealth rather than preserved for the child — and credited DCF for operational changes made last year. Rick Glassman, retired from the Disability Law Center, said the department "decided to revamp its policies and conserve those funds for the benefit of youth in foster care," and urged lawmakers to enshrine that practice.

Attorneys and youth with lived experience described concrete harms they said followed the prior practice. Alexis Williams Torrey, an attorney at the Children’s Law Center of Massachusetts, described clients who used conserved funds for hygiene items, school needs and modest comforts while in placement. Felix "Onyx" Rosario, who said DCF previously took about $44,000 in SSI payments while he was in care, described leaving care without money for rent, food, transportation, medicine or a bed.

Senator Jo Comerford, a bill sponsor, urged a favorable report, noting that DCF stopped the sweeping practice in 2024 and that legislation would protect the change from future administrative reversals. Multiple legal and child-welfare organizations — including the Committee for Public Counsel Services, the Disability Law Center, Children’s League of Massachusetts, More Than Words and others — also testified in support.

Speakers described account types DCF has used: bank accounts for survivor/dependent benefits and ABLE accounts for SSI funds, and gave aggregate figures for accounts opened during implementation (witnesses reported roughly $1.7 million in dependent/survivor accounts and $2.8 million in ABLE accounts established as DCF rolled out conservation practices).

Proponents asked the committee to adopt statutory requirements for DCF to (1) conserve benefits for exclusive use of the child’s unmet needs and future savings, (2) provide financial literacy to youth beginning at age 14, and (3) maintain transparency and notice to children, advocates and attorneys about account balances and transactions. They said the bill would also prohibit returning conserved funds to the Social Security Administration when a placement ends.

No formal vote was taken in the hearing. Sponsors and advocates asked the committee to report the bill favorably so it can proceed through the legislative process.

Ending: Supporters urged lawmakers to act quickly so the policy that DCF implemented administratively is protected in statute. Several witnesses offered to provide additional written testimony and data to staff as the bill moves forward.