Mass Codifies Protection of Benefits for Children in Foster Care
The Children's Law Center of Massachusetts (CLCM) celebrates a significant victory for children living in foster care with the passage of the fiscal year 2026 budget, which codified the end of the practice of taking foster children’s federal benefits and depositing them into the state's general fund. This legislative victory ensures that the Department of Children and Families cannot take federal survivor or disability Social Security benefits away from the foster children they were intended to benefit. For years, a harmful state policy saw approximately $5.5 million annually channeled away from their rightful recipients to the state’s general fund. These funds belong to roughly 600 foster children living with disabilities or with deceased parents who have been found eligible for Social Security benefits.
Alexis Williams Torrey, CLCM's Co-Director of Strategic Advocacy, delivered compelling testimony at a state legislative committee hearing in May, articulating the importance of this reform. Drawing on her experience working with clients, Attorney Williams Torrey powerfully conveyed how access to these benefits provides for the basic needs and dignity of children in state care. She illustrated how these funds enabled simple yet crucial purchases—from noise-canceling headphones to culturally affirming hair care—and allowed young adults transitioning from foster care to plan for essentials like rent or to pursue educational dreams, providing the financial building blocks to independence.
While the Department of Children and Families (DCF) had already stopped this practice, this new law ensures lasting protection for children, safeguarding their entitlements against future policy shifts. The new legislation also mandates DCF to provide financial literacy education to children beginning at age 14 and to regularly update them on their state-managed benefit accounts.
This legislative victory sends a clear message that the Commonwealth prioritizes the humanity and dignity of its children in foster care. CLCM continues its dedication to advocating for equitable opportunities and robust support systems for all children in Massachusetts.