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Rep. Josh Tanner introduces bill to protect survivor benefits for children entering foster care

House Health and Welfare Committee · January 29, 2026
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Summary

Rep. Josh Tanner introduced RS32884 to prevent states from diverting survivor Social Security benefits for children into state programs; the committee voted to introduce the bill and members asked about account types and how the funds would be held.

Representative Josh Tanner introduced RS32884, saying the bill would protect survivors' Social Security benefits for children who enter foster care and prevent state agencies from using those funds to offset program costs. "This is the last surviving benefit that these kids have that is left from their parents," Tanner said, urging the committee to codify protections he said other states have begun adopting.

Tanner noted Nebraska adopted similar protections recently and asserted that 35 states still divert survivor benefits to cover other costs. Representative McCann asked whether the funds could be held in ABLE accounts and who would be responsible for administration; Tanner responded that ABLE accounts function differently than Social Security benefits and that the priority is to ensure the accounts remain whole and protected when children enter state care. The committee voted to introduce RS32884.

RS32884 was introduced; committee members asked staff to clarify custodial arrangements and account types in later committee/fiscal work. No formal vote on the bill itself occurred at this meeting.