On Thursday, Dec. 11, the Administration for Children and Families (ACF) at the U.S. Department of Health and Human Services (HHS) sent a letter to 39 governors. They asked the states to protect foster kids’ Social Security benefits. Many people think Social Security is only for older Americans, but thousands of kids in foster care also get Social Security or Supplemental Security Income (SSI) payments.
State taking foster kids’ social securityThe ACF said 39 state child welfare agencies are taking foster kids’ earned Social Security survivor benefits, as per the report by Daily Express US. These state agencies use the kids’ benefits to pay for the state’s own foster care costs instead of giving the money to the children.
“Every earned benefit dollar belongs to these foster youth, not the government agencies or bureaucrats,” said ACF Assistant Secretary Alex J. Adams. Adams added, “Protecting children is the core mission of child welfare, and we will keep the best interests of the child front and center in all our efforts”, as stated by Daily Express US. Social Security survivor benefits come from a deceased parent’s lifetime contributions and are very important for foster kids.Millions of foster kids affectedAccording to a September 2025 Social Security Advisory Report, about 27,000 foster kids receive Social Security or SSI, which is more than 5% of all foster children in the U.S, as cited by Daily Express US. Foster kids are one of the most vulnerable groups that Social Security serves, and states taking their benefits is a growing nationwide problem. AP News reported that states often use these benefits to save millions of taxpayer dollars on foster care services.
Live Events
The ACF said their goal is to stop states from taking earned benefits and to make sure the money helps foster kids as they leave state care. Back in March 2024, Senator Elizabeth Warren raised this issue in a hearing with former Social Security Commissioner Martin O’Malley. She asked him to ban states from taking foster kids’ survivor benefits. Warren noted that in 2018, states took at least $179 million from foster kids to pay for unrelated state priorities.
She said, “Dozens of states are now secretly screening the kids in their care to see if they would be eligible for Social Security benefits, sometimes even hiring data mining companies… then funneling those benefits into state coffers to pay for anything from paper clips to prisons”, as stated by Daily Express US. Some states have acted to protect foster kids’ Social Security benefits. Adams, who previously led Idaho’s Department of Health and Welfare, ended the practice in Idaho.Idaho is one of 11 states that have policies stopping the diversion of foster kids’ Social Security benefits. Now, the ACF and Social Security Administration are working to change the practices in the remaining 39 states where benefits are still being taken.FAQsQ1. Can states take foster kids’ Social Security benefits?
Some states have been taking foster kids’ Social Security survivor benefits to cover state costs, but the federal government is now working to stop this.
Q2. How many foster kids get Social Security benefits in the US?
About 27,000 foster children, over 5% of all foster kids, receive Social Security or SSI payments in the United States.