LINCOLN, Neb. - A new report shows at least 49 states, including Nebraska, are seizing thousands of dollars in Social Security, veterans and other benefits from children in foster care.

State foster-care agencies collected more than $165 million from children in 2018.

Sarah Helvey, child welfare director with Nebraska Appleseed, said youths who age out of the system tend to have higher rates of homelessness, lower educational attainment and rates of employment - whereas having access to those benefits could help them transition into self-sufficient adults.

"So when they age out," said Helvey, "they have access to that funding to help them get a positive start in life, rather than being used to compensate the state or reimburse the state for the cost of their room and board while in foster care."

State agencies have defended the practice, noting that the benefits help recover some of the cost of caring for kids, even though federal law says Children's Social Security benefits were not intended to be a funding stream for foster care.

State Sen. Megan Hunt - D-Omaha - recently called for an interim study to see how widespread the practice is in Nebraska, partly in response to the report by The Marshall Project and National Public Radio.

Most state child-services agencies surveyed in the report say it's legal for them to apply to the Social Security administration to become the financial representative for foster children's benefits.

Helved notes there are other funding streams meant to support foster care available, and that Nebraska currently is leaving a lot of federal money the state is entitled to on the table.

"And so if we improve some of our policies and procedures," said Helvey, "then we could be getting more of that right funding stream for foster care in Nebraska, rather than taking from foster children's SSI benefits."

In many cases, children are not informed that their benefits have been taken.

Youth advocates are calling for agencies to at least notify every child in foster care and their lawyer, if they have one, that the state has taken their benefits.

The report notes that the U.S. Constitution prohibits the government from taking your possessions without giving you a chance to contest it.

This month, an Arizona grand jury indicted two out-of-state residents for cheating the state's Empowerment Scholarship Account program out of more than $110,000. Now, critics of the program believe Arizona Superintendent of Public Instruction Tom Horne's latest decision could open the door to similar problems.

The Republican-backed program has grown in popularity, leading to a backlog of reimbursement requests. Horne recently decided to approve all requests of less than $2,000.

Beth Lewis, director of Save Our Schools Arizona, said accurately reviewing 85,000 transactions will be a challenge.

"My skepticism is rooted in the history of the program under Horne the last couple of years," Lewis explained. "I don't think anybody really has hope that there will be actual accountability but what's even worse is this sets a really dangerous precedent going forward."

Lewis acknowledged many Arizona families use the program as intended but it is not guaranteed. The Department of Education said its new auditing system will work to detect suspicious activity in accounts. Horne argued approving tens of thousands of payments will significantly diminish the backlog of requests.

Lewis pointed out this year's state budget stripped funding from public schools and higher education and fully funded the voucher program. She added Gov. Katie Hobbs and Democrats were unable to work with the Republican-led majority on the issue of adequately funding public schools and hopes more can be done next year.

"I worry that we're going to see a lot more school closures and staff layoffs, teacher layoffs and other funding cuts this year," Lewis stressed. "I know that Arizona voters support our schools and I really hope that we can start to see maybe a space of a little bit more bipartisanship, around Prop 123, for example."

Funding for Proposition 123 comes from the State Land Trust, which needs voters' approval to be directed to K-12 education.

Hobbs has announced a Proposition 123 renewal plan to increase teacher compensation and improve school safety. While it has garnered some bipartisan support, policymakers have not reached a consensus on all the details. Funding is set to expire in July 2025.


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By Dawn Attride for Sentient.
Broadcast version by Trimmel Gomes for Florida News Connection reporting for the Sentient-Public News Service Collaboration

Since she was five years old, Luz Vazquez Hernandez has spent her days on farms. Before she was school age, Vazquez Hernandez and other young children would watch under the shade, while their parents picked fruits under the scorching Florida sun; parents couldn’t find or afford childcare. Then, on her 14th birthday, she started working the fields herself, travelling for picking seasons in Michigan and Florida. 

“I suffered pains and aches that my parents felt every day. Complaining to my parents was not an option, and my body adapted,” she wrote in a blog for National Consumers League. While her peers focused on school, she and her brother endured extreme heat and the toil of farmwork. “There was a lot of kids. It felt very normal to be there… my guess would be more than 50 percent [of workers were children],” Vazquez Hernandez tells Sentient. 

Her experience is part of a growing, and often illegal, issue of child labor, particularly in dangerous industries like agriculture, which is the largest employer of children. Like Vazquez Hernandez, many immigrant children are exposed to extreme heat and physical duress while working in fields, or with hazardous chemicals. They are also employed to work on dangerous equipment in slaughterhouses; the Department of Labor’s (DOL) various investigations have uncovered illegal child employment in the supply chain of large meat companies like Tyson and Perdue.

Despite the scrutiny, at Tyson’s shareholder meeting earlier this year, investors voted against deeper auditing of their supply chain. Perdue claims they have strengthened their efforts to end child labor over the past two years. But the problem is systemic: child labor protections for hazardous agricultural jobs have not been updated in over 50 years, creating loopholes that are difficult to regulate.

While you can start working a regular job at 14, the Fair Labor Standards Act (FLSA) prohibits youth under 18 from working hazardous jobs. 

That is, except in one industry: agriculture, where you can work at 16.

Why the Youngest Child Laborers Often Work in Agriculture

“It doesn’t make sense to us. If a job is hazardous, if it’s dangerous, the kid should wait till they’re 18…why would [they] make this exemption in agriculture? And we know that agriculture has very high injury and fatality rates compared to other sectors,” Reid Maki, coordinator of the Child Labor Coalition, tells Sentient. 

But even this lower limit for agriculture doesn’t stop large companies from illegally employing kids well below this age limit; Vazquez Hernandez says as long as you look older, you can pass by scrutiny to find work. 

Accidents are bound to happen when young kids work with dangerous equipment, and they have, sometimes resulting in death. There was Marcos Cux, a 14-year-old migrant worker who shredded his arm at Perdue’s Virginia facility. Or Duvan Robert Thomas Pérez, a 16-year old child from Guatemala, who died after being pulled into a machine at a Mar-Jac poultry plant in Mississippi. 

These equitable loopholes in child labor laws are a “legacy of racism,” Maki says. “A lot of the early kids that were picking crops were Black kids and then [that] morphed into a lot of Latino children…these loopholes are allowed to exist because Congress just doesn’t care enough about Brown kids.” Kids who end up in dangerous jobs like meatpacking are largely unaccompanied migrants, he says. 

A New York Times investigation reported that since 2021, nearly 400,000 children have crossed the southern border alone, mainly from Guatemala and Honduras. Magaly Licolli, director of Venceremos, a human rights advocacy for poultry workers group, has experienced these unaccompanied kids working in poultry in Arkansas.“They cross the border to help their family back home,” Licolli tells Sentient.

In the early 2000s, the DOL was mostly seeing kids work typical jobs, like in movie theaters or shopping malls. “But what we have found in the last five years is this uptick of serious child labor exploitation in industries such as manufacturing, meatpacking plants [and] poultry processing plants where we have very young kids that are cleaning very dangerous equipment on the kill floor at 2:00 in the morning,” a DOL spokesperson tells Sentient. 

Keeping Corporations Accountable

In 2024, there were 736 child labor law violations, according to the DOL’s most recent data. The details of their investigations are harrowing: “Federal investigators witnessed children concealing their faces and carrying glittered school backpacks before starting their overnight shift,” the DOL investigation into a cleaning company used by Perdue earlier this year stated. 

Tyson Foods, which previously hired sanitation contractors that employed children, is now under investigation for employing minors at two of its Arkansas poultry plants. A local teacher tipped off authorities after one of her 14-year-old students told her he would spend the summer working at Tyson, inspection warrants reveal.

Keeping large meat corporations like Tyson accountable is extremely difficult, Licolli tells Sentient. 

“Very few people know the dynamics of these corporate towns and why these corporations gain so much [power]. It is because they began in small rural places like Arkansas, where they can build their political power.” Licolli founded Venceremos in Tyson’s headquarters state, Arkansas, to address the onslaught of numerous worker violations and deaths at the poultry plants there. 

One of the most effective strategies Venceremos has developed is interacting with investors and faith leaders to try to enact change at Tyson, which is marketed as a company with Christian values. 

“Investors have been fighting these companies for many years…it was important that we connected the fight,” she says. Most recently, they put forth a proposal for Tyson to audit the number and extent of kids working within their supply chain, which Tyson rejected, saying that they are confident of their protocols and core values on child labor. Venceremos is working on their next proposal, which Licolli hopes will gain more traction, considering the ongoing Tyson investigation.

A Surge in States Weakening Child Labor Laws

Work to create corporate accountability may be undermined by a push from various states trying to loosen their child labor laws. 

Last May, Iowa governor Kim Reynolds signed a bill that would allow meat plants to legally employ kids as young as 14 — and work night shifts, too. Since 2021, 28 states have introduced bills to weaken child labor protections, with about half actually enacting them. However, federal law still trumps state law, which can mean serious charges for businesses that follow state law, such as several restaurants in Iowa who were fined up to $180,000.

Reynolds called the DOL’s fines “misguided,” and issued a statement in July saying “a couple extra hours of work for kids who choose to have a job are much more likely to help than hurt them.” The DOL maintains their stance and encourages safe employment for teens of age. 

“We all had our first jobs, right? I was a really bad busboy…you learn valuable skills, you get some extra money that’s needed and we want to encourage those opportunities…that is a lot different than a 12-year-old working on the kill floor of a meat packing plant,” the spokesperson tells Sentient. 

Reynolds’ idealistic vision of child employment is far from the reality, for many kids. No one wants to work these intensive jobs in these poor conditions, Licolli says, which means companies focus on hiring immigrant children, often for low pay. 

Subcontracting the Liability

A strategy used by corporations like Tyson and Perdue is using subcontractors who employ children, as evidenced by the DOL’s investigations. 

“Employers say, ‘oh well, we don’t know about what this other company [does]’ and, ultimately, there’s a legal responsibility or moral responsibility to take responsibility within their supply chain,” the DOL spokesperson said. 

Tyson did not respond to our multiple requests for comment, but in their code of conduct they state that they don’t “tolerate” child labor.

“Over the past two years we have strengthened our efforts to hold suppliers accountable for child labor compliance by implementing age verification audits, tightening facility access procedures, and launching an internal reporting campaign,” Perdue said, in part. Perdue’s full statement can be viewed here. 

While the Child Labor Coalition still has a lot of progress to make, Maki says they’re proud of their smaller achievements, like publishing reports recommending updated protections to governance, and successfully pushing for a ban on pesticide exposure that neurologically affects children. The ban was almost complete during the Obama administration, then Trump stalled it, and finally Biden enacted it. If bills try to raise the age of child labor in agriculture, Maki says farm lobbyists will likely try to kill them to preserve the family farm. 

“I just don’t see it having a huge impact on the family farm and we’re only asking that kids [have] the same rules that apply to all other children and teenagers in the country. Ag does not deserve this exemption, especially since a lot of the companies are owned by corporations,” Maki says.

How Farm Lobbying Has Created Loopholes 

An example of farm lobbying working against child labor protections was the backlash against updated protections by the Department of Labor for hazardous labor in 2011. Updated protections for youth working in non-agricultural jobs went through without any opposition. Agricultural jobs, however, were met with a misinformation campaign from lobbyists, Maki says. 

For example, one of the rules put forth to protect child workers was that kids under 16 should not be allowed to operate power-driven equipment. “But the way that the farm lobby characterized the rule was, oh, ‘the rules prohibit power driven machinery. So that means if a teenager on a farm wants to use a flashlight, they won’t be allowed to,’” Maki tells Sentient. They exaggerated the impact and said the regulations would kill the family farm, he says.

Pressure from farming groups worked. The Obama administration released these proposed rules very close to the election, which ended up making them quite politicized. As a result, the administration pulled the rules. 

“So the rules officially died in 2011 or 2012. And ever since then, we have been trying to crack that door open again, because we really feel that the Department of Labor has an obligation to protect kids from known dangers,” Maki says.

The DOL currently has 733 investigators, who have to cover 165,000,000 workers, meaning they have to be strategic in how they use their resources. Recently, they have started charging more aggressive child labor fines.

For example, Packer Sanitation, used by Tyson and others, was fined $1.5 million for illegally employing more than 100 children. In 2024, the DOL’s child labor fines were double that of 2023, despite the overall number of violations being slightly lower. Democrats have also introduced the “Let’s Protect Workers Act,” which would see child labor violation fines significantly increase, if passed.

“After years of seeing my parents toil in the fields and working beside them, I feel the need to be an advocate for my community,” Vazquez Hernandez says. She is now at Michigan State University studying Public Policy, and worked with CLC to advocate for farmworker protections — a mission she intends to continue advocating for.


Dawn Attride wrote this article for Sentient.


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A conflict between federal child labor regulations and those passed by the Iowa Legislature has increased the number of businesses fined for hiring children to do dangerous jobs.

The U.S. Department of Labor recently imposed a $171,000 fine against an Iowa company for illegally employing school-age child under the Fair Labor Standards Act.

Peter Hird - the secretary-treasurer of the Iowa Federation of Labor - said at the behest of several Iowa businesses, the state lowered the standards for hiring children, to help stem a post-pandemic labor shortage.

"Some employers got fined," said Hird. "They said they were following Iowa law, but the federal law supersedes the Iowa law, so they were getting fined by the federal Department of Labor. Plenty of people were warning the Legislature that that could happen before they passed those laws."

Federal officials fined Qvest, a Sioux City Pork Processing contractor, for employing 11 children to perform dangerous overnight work cleaning equipment at its pork processing plant.

Federal law forbids employing children under 18 in dangerous jobs in meat and poultry processing plants.

Hird said Iowa employers pushed for a rollback in state regulations in 2023, as part of a national trend among certain businesses hiring child labor to fill in the gaps where it can't find adult employees.

He said organized labor pushed back against the changes.

"We also have human trafficking going on," said Hird. "We've seen it in Iowa on construction sites, and now we're seeing it in meat packing plants where kids are showing up to work with school backpacks, but some employers are saying they don't know that they were kids."

Hird said the Biden administration has prioritized going after businesses who employ children, but he said he is concerned that the incoming Trump administration might be inclined to side with businesses on the issue.

"Obviously, we want employers who are or employing these kids to get caught if they're doing illegal activity," said Hird. "Typically, the last time around, the Trump administration's Department of Labor wasn't quite as vocal about child labor."