PD 25-11 Survivor Benefits and AB 2906

Date:	09/11/2025
To:	Foster Care Eligibility
From:	Maria Torres and Michelle Rojas, SSA BPIS
Reference:	Assembly Bill (AB) 2906 and All County Letters (ACLs) 25-27 and 25-28

Background

Counties responsible for Foster Care (FC) children and non-minor dependents (NMDs) must ensure that they receive all federal benefits, including Social Security Administration (SSA) benefits, to which they are entitled while in care. States may use these benefits to recover the cost of foster care.

Change

California AB 2906 prohibits the use of SSA Survivor benefits to reimburse the county for FC costs associated with the child’s or non-minor dependent’s (NMD) care and supervision. This rule also applies to dependent and non-dependent legal guardianships (excluding youth receiving Kin-GAP benefits). These benefits must be conserved in a dedicated account and managed to ensure that federal resources and income limits are not exceeded.

Existing Policy

AB 2906 does not change existing income and eligibility regulations for Foster Care or SSA benefits. Offsetting rules regarding Supplemental Security Income (SSI) benefits and FC payments remain intact.

At Intake

FC Eligibility Workers (EWs) will not count Survivor benefits when making the initial eligibility determination. Workers must:

Document SSA benefit details in the CalSAWS Journal
Alert the Social Services Analyst (Analyst) that the child or NMD is receiving benefits (per current process).

At Continuing

To verify if the FC child/youth is receiving SSI or RSDI benefits, at the annual redetermination (RRR) the EWs must:

Review the Medi-Cal Eligibility Data System (MEDS)
Document all actions and findings in a CalSAWS Journal
Alert the Analyst (per existing process) if new SSI or RSDI benefits are issued.

Implementation

Prohibition of the use of Survivor benefits to reimburse the county for placement costs is effective June 22, 2025.