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Volume 44 - Issue 3 - January 16, 2025

State of Kansas

Office of the Governor

Executive Order No. 25-01
Directing the Department for Children and Families to Preserve Federal Benefits for Eligible Youth in Care

WHEREAS, Kansas is committed to the continued well-being of its children and families;

WHEREAS, some children in the custody of the Department for Children and Families, are eligible to receive certain federal benefits;

WHEREAS, federal benefits are the child’s property; and

WHEREAS, it is in the best interest of children who are entitled to receive certain federal benefits to have those funds conserved for their future use;

WHEREAS, Kansas must join a growing number of states, counties, and cities in ensuring that our most vulnerable youth access the financial resources they need to thrive;

NOW, THEREFORE, pursuant to the authority vested in me as Governor of the State of Kansas, I do hereby order and direct,

The Department for Children and Families (hereinafter referred to as “the Department”), shall screen every child currently in care and every child who enters care hereafter to determine if the child is receiving or may be eligible for federal benefits administered by the Social Security Administration (SSA), Department of Veterans Affairs (VA), or Railroad Retirement Board (RRB).

The Department shall provide written notification to the child and the child’s Guardian ad Litem of an application for federal benefits and any determination regarding the outcome of the application as well as any appeal and appellate decision.

The Department shall develop policies and procedures concerning the identification of the representative payee and the manner in which the child’s benefits will be preserved, spent, and ultimately dispersed. The Department shall take reasonable steps to identify a representative payee that is not the Department.

In deciding how the child’s benefits will be managed, the Department shall determine what type of account will best preserve the benefits. Examples of such accounts include, but are not limited to, ABLE accounts and Personal Need Accounts.

As soon as possible, the Department shall not use any of the benefits to reimburse itself for the contractual maintenance of a child while in the Department’s custody.

The Department shall provide training to agency personnel regarding fiduciary obligations when serving as representative payee, and said training must incorporate establishing, monitoring, and using proper financial vehicles to preserve benefit eligibility.

The Department shall provide the child with an annual accounting of the use, application, or conservation of the child’s benefits.

The Department shall require financial counseling and training for youth starting at age 14 years old, specifically related to accessing, using, and managing conserved funds. In addition, financial literacy training shall be provided to representative payees. The Department shall determine which departments or agencies can best provide financial literacy training and work with said department or agency to coordinate same.

The Department shall release the balance of money as appropriate to the child or the child’s representative payee once the child leaves the care and custody of the Department.

The Department shall fully implement the programs set forth in the Executive Order by July 1, 2025.

This document shall be filed with the Secretary of State as Executive Order 25-01 and shall become effective immediately.

Dated January 10, 2025.

Laura Kelly
Governor

Doc. No. 052790

Secretary of State Seal