What's Happening?
The Hawaii Department of Human Services (DHS) has reaffirmed its commitment to safeguarding Social Security survivor and disability benefits for children in foster care. This move aligns with a national effort to end the practice of states using these
federal funds to reimburse themselves for the cost of care. In 2023, with the support of Governor Josh Green and legislative resolutions (House Resolution 117 and Senate Concurrent Resolution 188), Hawaii's DHS ceased this practice. Instead, the state began conserving all Social Security funds for the direct benefit of eligible foster children, depositing them into trust accounts. These funds are made available to youth as they prepare for independence. Assistant Secretary Alex J. Adams of the federal Administration for Children and Families (ACF) has praised Hawaii's initiative, referring to the previous practice as an 'orphan tax' and encouraging other states to follow suit. Since July 1, 2023, DHS has maintained dedicated trust accounts and strengthened internal procedures to ensure transparency, accountability, and timely access to these funds for foster youth transitioning into adulthood.
Why It's Important?
This policy shift in Hawaii is significant as it directly impacts the financial well-being and future stability of vulnerable foster youth. By ensuring that federal survivor and disability benefits are conserved for the children rather than used by the state for reimbursement, Hawaii is providing a crucial financial foundation for these young individuals as they age out of the foster care system. This can help them cover essential expenses like education, housing, and transportation, reducing their risk of homelessness and poverty. The state's action also sets a precedent and contributes to a growing national movement, supported by the ACF, to reform similar practices across the U.S. This reform addresses an ethical concern where funds intended for children's support were diverted, highlighting a broader societal commitment to protecting the rights and needs of children in state care. The 'orphan tax' practice has long been criticized for depriving foster youth of resources that could significantly aid their transition to independent living.
What's Next?
Hawaii's DHS will continue to collaborate with the Administration for Children and Families (ACF) as the federal government issues updated guidance on this matter. This ongoing partnership aims to further strengthen benefit-preservation practices not only within Hawaii but also across the nation. The state's proactive approach is expected to encourage other states that still engage in the practice of using foster youth benefits for reimbursement to reform their policies. As more states align with Hawaii's model, there will likely be a nationwide shift towards ensuring that these federal funds directly benefit the foster children they are intended for. This could lead to increased financial security and improved outcomes for foster youth transitioning into adulthood across the U.S. The focus will remain on establishing robust systems for managing these trust accounts and ensuring timely access to funds for eligible youth.
Beyond the Headlines
The deeper implications of Hawaii's policy change extend beyond immediate financial benefits for foster youth. It represents a significant ethical and cultural shift in how society views and supports its most vulnerable children. By explicitly stating that 'these funds belong to our keiki' (children), Governor Green emphasizes a moral obligation to protect and empower foster youth. This move challenges the historical perception of foster children's benefits as a state resource and redefines them as an inherent right of the child. The national momentum to end the 'orphan tax' reflects a growing awareness of the systemic challenges faced by foster youth and a collective effort to provide them with a more equitable start in life. This policy could foster greater trust between foster youth and the systems designed to protect them, potentially leading to better engagement in educational and vocational programs, and ultimately, more successful transitions to independent living.

















