Document Type

Article

Publication Date

2025

Abstract

Foster youth in some states are paying the cost of their own room and board when state and local government agencies seize a child's federal social security benefits to cover the costs of care. Other states, however, have passed laws forbidding such a practice, allowing youth to save these funds for their own financial needs. Federal social security benefits are an individual's own property and should not be taken without adequate notice, nor without an opportunity to challenge the taking. Tet too many youth who are involved in the foster care system are unaware they are even receiving benefits and are also not aware that their money is being taken by their state to cover the costs of their daily living. While this practice has gone on for decades, recently, some states have recognized the stark injustice and halted the seizure of federal benefits from foster youth. Now, foster youth from some jurisdictions are stuck paying for the cost of their room and board, whereas foster youth in their neighboring states are entitled to keep the benefits that rightfully belong to them. Foster youth should not have to pay for their own cost of care, nor should the practice of charging youth vary from state to state. This practice raises multiple constitutional concerns, including discriminatory practice against disabled or orphaned youth who pay for the cost of their care, whereas non-disabled youth do not. This Article will examine the patchwork of laws developed across the country, which either protect or do not protect the rights of foster youth to their own property. Finally, this article includes recommendations for a change of practice.

Download

Share

COinS