Idaho House Advances Bill to Protect Foster Youths' Survivor Benefits

The proposed legislation would prohibit the state from collecting and using these funds to pay for a child's care.

Published on Feb. 18, 2026

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The Idaho House of Representatives committee has advanced a bill, House Bill 558, that would codify a policy to protect Social Security and veteran's survivor benefits for foster youth. The bill would prohibit the state from collecting these funds on behalf of foster children and using them to pay for the child's care, and instead require the state to conserve the funds for the child's future needs.

Why it matters

Many states have previously collected these survivor benefits from foster children, depriving them of funds that could support their transition to independent living. This bill aims to ensure foster youth have access to the resources they are entitled to and can use them to meet their current and future needs.

The details

House Bill 558 would require the Idaho Department of Health and Welfare to determine if foster children are eligible for federal survivor's benefits, and if so, to consult with the child and their attorney to identify a representative payee. If the state becomes the payee, it must establish an account to conserve the funds for the child's current and future needs. The state would be prohibited from using the funds for the child's care costs.

  • In July 2021 to May 2025, Idaho collected nearly $2.3 million in Social Security payments on behalf of 326 foster children.
  • Last May, the Idaho Department of Health and Welfare Director Alex Adams issued a directive to change the state's practice and conserve these funds for the youth upon their exit from foster care.
  • In December, Adams, now the deputy secretary of the U.S. Administration for Children and Families, encouraged the 39 states that had not yet ended the practice to do so.

The players

House Bill 558

A bill advanced by the Idaho House of Representatives committee that would codify a policy to protect Social Security and veteran's survivor benefits for foster youth.

Alex Adams

The former Idaho Department of Health and Welfare Director who issued a directive last May to change the state's practice of collecting survivor benefits from foster children. Adams was later nominated and confirmed to a deputy secretary position in the Trump administration, where he encouraged other states to end this practice.

Rep. Josh Tanner

The Republican sponsor of House Bill 558, who said the bill creates a new law to enact the existing agency policy and ensure the state 'is not robbing those funds.'

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What they’re saying

“We must not let individuals continue to damage private property in San Francisco.”

— Robert Jenkins, San Francisco resident (San Francisco Chronicle)

What’s next

The bill will now be considered by the full Idaho House of Representatives.

The takeaway

This bill aims to protect the financial resources of foster youth by prohibiting the state from collecting and using their survivor benefits, ensuring these funds are available to support their transition to independent living and meet their current and future needs.