Judge Halted Georgia Foster Care Fee Collection
The state can no longer charge parents for foster care when children have aged out, been adopted, or are no longer in state custody.
Updated on Sept. 25, 2026 in Child Care
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A federal judge issued a preliminary injunction barring the Georgia Department of Human Services from collecting foster care fees for children who are no longer in state custody. This ruling impacts parents who have been subject to punitive debt enforcement after losing custody of their children.
Why it matters
The court determined that these state collection policies hindered indigent parents from maintaining financial stability necessary for family reunification. The ruling aims to alleviate the burden of significant debt that continues to accrue even after the state's custody role ends.
One parent, Annalinda Martinez, accumulated over $13,000 in debt after being charged $500 monthly since 2019 following the removal of her six children. The injunction immediately halts the state from using passport or license revocation as a penalty for unpaid foster care fees.
The players
Judge Tiffany R. Johnson
The federal judge in the Northern District of Georgia who issued the injunction against state foster care billing.
Georgia Department of Human Services
The state agency responsible for child welfare and the enforcement of foster care fee collection.
Annalinda Martinez
The parent whose case initiated the lawsuit after accumulating $13,000 in debt.
The details
The court order requires the Georgia Department of Human Services to establish a formal process for parents to dispute and report erroneous charges. Additionally, the state must stop all current enforcement measures, including the threat or action of revoking driver's licenses and passports. This shifts the financial pressure off parents who were previously forced to pay for services for children no longer in state care.
Timeline
2018: Annalinda Martinez lost custody of her six daughters.
2019: The state began charging monthly foster care fees.
August 2025: A federal civil rights lawsuit was filed regarding the fees.
September 23, 2026: Judge Johnson issued the preliminary injunction.
October 7, 2026: The deadline for the state to respond to the allegations.
The Home Front
This injunction challenges the broad scope of the state foster care reimbursement program regarding debt collection. It marks a shift in how state agencies can penalize families for administrative costs associated with child welfare systems.
Families previously subject to foster care fees should monitor communications from state officials regarding the new dispute resolution process. If you have been penalized through license or passport revocation, contact an attorney to understand how this injunction may apply to your debt.
The takeaway
This ruling prevents the state from using punitive measures like license revocation to collect debts for children no longer in foster care. Affected families should gather documentation of all payments made since their children left state custody to prepare for the upcoming dispute process.
What happens next
The Georgia Department of Human Services is expected to provide a formal response to the lawsuit allegations by October 7, 2026.
Further reading
For more information on navigating local state resources, see Child Care.
Source note: This article includes information reported by The Imprint.
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