Summary
The federal government has asked 39 U.S. states to change their laws regarding Social Security benefits for children in foster care. These changes aim to ensure that funds meant for foster children are used solely for their needs, rather than covering state foster care costs. So far, only 11 states have made changes to protect these benefits.
Key Facts
- The Department of Health and Human Services (HHS) contacted 39 states about their Social Security policies for foster children.
- The HHS wants these states to stop diverting foster youths' Social Security benefits for state foster care costs.
- Federal law says Social Security survivor benefits belong to the child, with a payee managing the funds for their benefit if needed.
- Many states have used these benefits to cover foster care costs without informing the child or guardian.
- Just 11 states have enacted policies to conserve Social Security benefits for the children's future needs.
- The HHS and Social Security Administration plan to help the remaining states change their policies.
- Examples of states with laws protecting these funds include Oregon and New Mexico, which have banned using the payments for foster care costs.
- Approximately 27,000 foster children receive Social Security or Supplemental Security Income benefits in the U.S.
