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Bill would protect military survivor benefits for certain foster children, require trusts

February 14, 2025 | 2025 Legislature VA, Virginia


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Bill would protect military survivor benefits for certain foster children, require trusts
A Senate committee voted to report House Bill 24-57, sponsored by Delegate Grama, which directs the Department of Social Services and local agencies to take steps when federal survivor benefits (beginning with military survivor benefits) are applied for on behalf of children in foster care so those funds are preserved for the child’s use after leaving state care.

Delegate Grama said there are roughly 14 children known in the Virginia foster system with military survivor benefits applied without guardians’ or children’s knowledge, and about 22 children with other federal survivor benefits under application. The bill would require that, when the Department applies for military survivor benefits for a child in foster care, the benefits be placed in a trust for the child and that the funds not be used to pay the cost of that child’s foster care while in state custody. Grama said the measure would ensure children who lost parents are not charged for care funded by those survivor benefits.

Grama described the estimated cost to establish a legal trust as upwards of $3,000, and cited an average ongoing foster care charge of $11.84 per month per child as the sort of expense survivor benefits have been offsetting. She said the bill would include notification requirements for guardians and children when benefits are applied for on their behalf. The Disability Law Center was listed by a senator as part of the stakeholder group and supportive of the bill.

Senator Rouse moved to report the bill; the motion was seconded and the roll call showed 14 ayes and no votes against. The bill was reported without opposition.

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