ACF Notifies 39 Governors That States Are Diverting Foster Youths’ Earned Social Security Survivor Benefits

The Administration for Children and Families (ACF) at the U.S. Department of Health and Human Services (HHS) today sent letters to 39 governors calling for immediate action to protect vulnerable foster youth in their states. These letters highlight the pressing issue of state child welfare agencies diverting foster youths’ earned Social Security survivor benefits.

State child welfare agencies often intercept federal benefits, such as Social Security survivor benefits earned through a deceased parent’s lifetime contributions, that are intended for a child in foster care. Agencies then use these funds to reimburse their own costs. ACF has notified all 39 governors who allow this practice and aims to work with states to end it. The goal is to ensure these earned benefits are no longer taken from foster youth and are instead preserved to support them as they transition out of state care.

“At HHS, our guiding principle is simple: every child deserves a home and a fair chance to thrive. But when state agencies stack the deck against children, we step in,” said HHS Secretary Robert F. Kennedy, Jr. “In the Trump Administration, we are committed to ensuring every child in America has the chance to reach their full potential.”

"Every earned benefit dollar belongs to these foster youth, not the government agencies or bureaucrats,” said ACF Assistant Secretary Alex J. Adams. “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.”

During Assistant Secretary Adams’ tenure leading Idaho's Department of Health and Welfare, he ended the practice of the state diverting these earned benefits from foster youth. Idaho now requires that survivor benefits be used for the genuine unmet needs of the child and preserves the remaining balance for the child's future use.

Scott Matlock — an Idaho native and current NFL fullback for the Los Angeles Chargers — entered Idaho’s foster care system at thirteen after the deaths of both his parents. Before Assistant Secretary Adams led widespread reforms, Matlock never received his parent’s survivor benefits.

“I commend President Trump, Secretary Kennedy, and Assistant Secretary Adams for taking decisive action to encourage states to protect children and ensure foster youth have a strong financial foundation,” said Scott Matlock, current NFL player and former foster youth. “My hope is the next kid coming through foster care gets every penny he or she deserves, no matter what state they live in.”

To date, only 11 states have enacted policies to stop the interception of Social Security survivor benefits and conserve them for the child's unmet needs. ACF and the Social Security Administration plan to provide resources, in addition to existing technical assistance, to help the remaining 39 states change this practice.