SB 3470

Abstract

Amends the Children and Family Services Act. Provides that upon receiving custody or guardianship of a youth in care, and at least annually thereafter, the Department of Children and Family Services shall determine whether the youth may be eligible for Social Security benefits, Supplemental Security Income, or Veterans benefits. Provides that if it is determined that the youth may be eligible for benefits, the Department shall ensure that an application is filed on behalf of the youth. Requires the Department to ensure that any youth in care eligible for benefits beyond the age of 18 has a timely application filed. Requires the Department to immediately notify a youth over the age of 16, the youth's attorney and guardian ad litem, and the youth's parent or legal guardian or another responsible adult of: (1) any application for or any application to become representative payee for benefits on behalf of a youth in care; (2) any decisions or communications from the Social Security Administration or the U.S. Department of Veterans Affairs regarding an application for benefits or for representative payee status; and (3) any appeal or other action requested by the Department regarding an application for benefits. Requires the Department to ensure that when the youth attains the age of 14 years and until the Department no longer serves as the representative payee or fiduciary, a minimum percentage of the youth's benefits are conserved in a way that avoids violating any federal asset or resource limits that would affect the youth's eligibility to receive the benefits, including, but not limited to, establishing for the youth a Plan to Achieve Self-Support (PASS) Account; an ABLE account, a Social Security Plan to Achieve Self-Support account, or other specified savings accounts. Contains provisions concerning annual accounting reports to a youth's attorney and guardian ad litem of how a youth's benefits have been used and conserved; financial literacy training and support for youth in care; the adoption of rules; reporting requirements for the Department; and other matters. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Children and Family Services Act. Provides that upon receiving temporary custody or guardianship of a youth in care, the Department of Children and Family Services shall assess the youth to determine whether the youth may be eligible for Social Security benefits, Supplemental Security Income, Veterans benefits, or Railroad Retirement benefits. Provides that if, after the assessment, the Department determines that the youth may be eligible for such benefits, the Department shall ensure that an application is filed on behalf of the youth. Requires the Department to prescribe by rule how it will review cases of youth in care at regular intervals to determine whether the youth may have become eligible for benefits after the initial assessment. Provides that the Department shall make reasonable efforts to encourage youth in care over the age of 18 who are likely eligible for benefits to cooperate with the application process and to assist youth with the application process. Provides that when applying for benefits, the Department shall identify a representative payee in accordance with specified federal requirements. Requires the Department to immediately notify a youth over the age of 16, the youth's attorney and guardian ad litem, and the youth's parent or legal guardian or another responsible adult of: (1) any application for or any application to become representative payee for benefits on behalf of a youth in care; (2) any communications from the Social Security Administration, the U.S. Department of Veterans Affairs, or the Railroad Retirement Board pertaining to the acceptance or denial of benefits or the selection of a representative payee; and (3) any appeal or other action requested by the Department regarding an application for benefits. Provides that when the Department serves as the representative payee for a youth receiving benefits, the Department shall: (i) beginning January 1, 2023, ensure that when the youth attains the age of 14 years and until the Department no longer serves as the representative payee, a minimum percentage of the youth's Supplemental Security Income benefits are conserved as specified under the amendatory Act; (2) beginning January 1, 2024, ensure that when the youth attains the age of 14 years and until the Department no longer serves as the representative payee a minimum percentage of the youth's Social Security benefits, Veterans benefits, or Railroad Retirement benefits are conserved as specified under the amendatory Act; (3) appropriately monitor any federal asset or resource limits for the benefits and ensure that the youth's best interest is served by using or conserving the benefits in a way that avoids violating any federal asset or resource limits that would affect the youth's eligibility to receive the benefits; and other matters. Contains provisions concerning annual accounting reports to a youth's attorney and guardian ad litem on how a youth's benefits have been used and conserved; financial literacy training and support for youth in care; the adoption of rules; reporting requirements for the Department; and other matters. Effective immediately.