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Ending the Orphan Tax

When my father died,
the state took the money
he left behind for me.

Every year, state governments quietly divert millions in Social Security survivor benefits away from foster children — the very kids those benefits were meant to protect. A growing movement is fighting to end this practice, state by state.

Since you opened this page, an est. $0 has been taken from foster youth
As Featured In
Justin Kasieta in a navy suit holding a Certificate of Achievement at the Michigan State Capitol

I was 13 when I lost my father. Then the state took what he left behind.

When Justin Kasieta was thirteen, his father died of cancer. His mother, struggling with addiction, could no longer care for Justin and his four siblings. They were placed in foster care — and that's when the state of Michigan quietly applied to become the representative payee for their Social Security survivor benefits.

No one told Justin. No one asked permission. Over three years, more than $18,000 in benefits — money his father had earned through a lifetime of work — was silently intercepted by the state to reimburse itself for the cost of Justin's care.

"That $18,000 could have paid for tutoring, college books, a first car, stable housing — a chance at a future. Instead, it disappeared without a word."

Now a University of Michigan graduate and advocate, Justin testified before the Michigan Senate Committee in February 2025, urging passage of legislation to end this practice in his home state.

"Charles Dickens couldn't have conceived of a plot this cynical."
Alex Adams, HHS Assistant Secretary for Children and Families
NPR · January 2026

What Is the Orphan Tax?

It's simpler — and worse — than you think.

Here's the deal. When a parent works, they pay into Social Security. If that parent dies, their children receive monthly checks called survivor benefits. It's not welfare. It's not charity. It's money their parent earned. Think of it like an inheritance — the government sends it to help the kids get by.

Now imagine you're a kid whose parent just died. You end up in foster care because there's no one else to take care of you. You'd think those survivor checks would be saved up for you — maybe for college, or a car, or an apartment when you turn 18. Instead, the state quietly takes that money and uses it to pay itself back for the cost of your foster care.

Nobody tells you. Nobody asks your permission. You're a child. You don't even know the money exists. And by the time you age out of foster care at 18 — often with nothing but a trash bag of belongings — thousands of dollars that were meant for you have already disappeared.

The worst part? The state is already required by law to pay for foster care. They're supposed to cover that cost anyway. Taking a foster kid's survivor benefits is like charging a patient for their own ambulance ride — after the hospital already agreed to cover it. That's why people call it the orphan tax.

1
💔
A parent dies or becomes disabled
The child qualifies for Social Security survivor or disability benefits — money their parent earned.
2
🏣
The child enters foster care
The state becomes the child's legal caretaker and quietly applies to control their benefit checks.
3
🚫
The money vanishes
Instead of saving it for the child, the state pockets the money to reimburse itself — without telling the child.
The Bottom Line

Kids who have already lost everything are being charged for their own care — with money their dead parent left behind for them. About 80,000 foster youth are affected, losing an average of $900/month. It's legal in many states. And most kids never find out.

🏠
10 mo.
of rent in an average U.S. city
🎓
2 yrs
of college textbooks and supplies
🚘
1
reliable used car for work and life
💪
3 yrs
of therapy or counseling sessions

What one year of average benefits (~$10,970) could provide for a foster youth aging out of care

What People Ask Us

Yes. Federal and state law already require the government to cover the cost of foster care. That's funded through taxes, Title IV-E of the Social Security Act, and other programs. Taking a child's personal Social Security benefits on top of that is double-dipping — the state is billing the child for care it was already obligated to provide.
In many states, yes — it's technically legal. The Social Security Administration allows state agencies to apply as a child's "representative payee," which gives them control over the benefit checks. But legal doesn't mean right. That's why 36 states have already moved to ban or limit this practice, and more are working on it.
Most don't. They're children when it happens, and no one is required to tell them. Many foster youth age out of the system at 18 with nothing and never learn that thousands of dollars were collected in their name and used by the state. Some find out years later when they try to access benefits or file taxes and discover the paper trail.
The average Social Security benefit for eligible foster youth is about $900 per month — roughly $10,970 per year. For a child in foster care for several years, that adds up to tens of thousands of dollars. Justin Kasieta, who this site is about, had over $18,000 taken. Nationally, an estimated 80,000 foster youth are affected.
A lot, actually. Since NPR and The Marshall Project brought national attention to the issue in 2021, 36 states have taken some form of action — from outright bans to partial reforms and pending bills. In January 2026, the federal government told states to end the practice. But 15 states still haven't done anything, which is why advocacy like this matters.
In most cases, no. Once the state has spent the benefits, there's no established process for reimbursement. Some states that have passed reforms are looking at retroactive solutions, but for most former foster youth, the money is gone. That's why prevention — stopping this practice before more money is taken — is so critical.
"That can't be right. That can't be a practice that we're doing."
Teresa Casados, New Mexico child welfare director, upon learning her state seized foster children's benefits
NPR Morning Edition · September 2023

What Would You Do With That Money?

The average foster youth loses about $10,970 per year. Justin lost $18,000. Enter any amount to see what it could mean for a young person aging out of care.

If a foster youth had
🏠
14 months
of rent in an average U.S. city
🎓
3.6 semesters
of community college tuition
🚘
2 reliable
used cars to get to work
💧
22 months
of groceries for one person

Based on national averages: rent $1,300/mo, community college $5,000/semester, used car $8,000, groceries $300/week

Watch: The Fight to End the Orphan Tax

Source: CBS Sunday Morning, April 7, 2024 · 10:31

"It's not the state's money to take; it's the child's money."
Amy Harfeld, Children's Advocacy Institute
CBS Sunday Morning · 2024

The Numbers Behind the Orphan Tax

0
Foster youth eligible
for benefits
Social Security Administration
0
Monthly benefit amount
per child
Average SSI disability benefit
0
States that have
taken action
As of January 2025
0
Average annual benefit
diverted per youth
Social Security Administration
"It was budget dust to the state, but it meant everything to those kids."
Alex Adams, HHS Assistant Secretary for Children and Families
Governing · January 2026
"It's like something out of a Charles Dickens novel."
Rep. Jamie Raskin (D-MD), U.S. House of Representatives
NPR / The Marshall Project · April 2021

How We Got Here

A growing movement to end the orphan tax — from a hidden practice to a national conversation.

2021
NPR & The Marshall Project Break the Story
A landmark investigation reveals that states across the country are systematically taking Social Security benefits from foster children. The practice goes mainstream for the first time.
2021–2023
States Begin to Act
A wave of state legislatures introduce and pass bills to end benefit diversion. By the end of 2023, over 20 states have taken some form of action.
April 2024
CBS Sunday Morning Airs National Segment
The orphan tax reaches millions of Americans through CBS Sunday Morning, putting a human face on the issue and driving a new surge of public awareness.
May 2024
The Detroit News Covers Michigan's Fight
Michigan's efforts to pass reform legislation gain statewide media attention, with Justin Kasieta's story at the center.
February 2025
Justin Testifies Before Michigan Senate
Justin Kasieta delivers powerful testimony to the Michigan Senate Committee, urging passage of Senate Bill 18 to end the practice in his home state.
2025
36 States Take Action
Momentum continues. Thirty-six states have now enacted full or partial reforms, introduced legislation, or have pending bills. Fifteen states remain.
January 2026
Federal Government Issues Directive
The Trump administration tells states to end the orphan tax, marking the first federal action on the issue. NPR covers the announcement nationally.
Now
The Fight Continues
Fifteen states still haven't acted. Federal guidelines need enforcement. The movement needs your voice to finish the job.
"How dare we take away the last positive gift or benefit that deceased parents can offer their child?"
Steve Corsi, Nebraska DHHS CEO
Governing · January 2026

Where Does Your State Stand?

36 states have taken action to end the orphan tax. 15 still haven't.

Full Reforms
Partial Reforms
Pending Legislation
Introduced
No Action

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