A Georgia mother has filed a federal civil rights lawsuit to halt the state’s practice of charging parents for the cost of their children’s foster care stays. The complaint, lodged on Aug. 19 in the U.S. District Court for the Northern District of Georgia, targets the Department of Human Services along with its Child Support Services and the Division of Family & Children Services. Attorneys argue the policy burdens poor families with debt and slows reunification, effectively punishing parents for poverty.
The lead plaintiff, Annalinda Martinez, lost custody of her six daughters in 2018 after experiencing homelessness. She says the state billed her roughly $500 a month for foster care, leaving her with more than $13,000 in arrears. The debt triggered license suspension, wage garnishment and threats of jail, she alleges—consequences that made it harder to secure housing and complete the steps required to bring her children home. The suit seeks class-action status, repayment of funds collected from similarly situated parents, and a court order stopping the charges.
Georgia narrowed its approach in August 2024, announcing that child support would not be pursued when collections would reduce a parent’s income enough to delay reunification. But the change was not retroactive, leaving families with older cases—like Martinez—still being billed. Public figures shared last year suggested thousands of parents remained subject to these payments despite the policy shift.
The lawsuit arrives amid a national change in direction. In July 2022, federal child welfare and child support officials urged states to avoid charging parents for foster care except in rare circumstances, citing evidence that the practice undermines family reunification and often costs more to administer than it recovers. Since then, a growing number of states have scaled back or ended collections, and some have moved to forgive past debts.
Research cited by advocates indicates that imposing or increasing these payments can prolong children’s time in foster care, with even modest monthly amounts associated with longer stays. The complaint argues that ending the fees would better align state policy with the child welfare system’s stated goal: strengthening families and returning children home safely.
Supporters of the lawsuit say the case exposes a central contradiction in child welfare—removing children due to poverty and then adding debts that deepen financial instability. A ruling in this case could set an influential precedent for how other states handle foster care cost recovery from parents.