Bill Text: MI SB0872 | 2023-2024 | 102nd Legislature | Engrossed
Bill Title: Children: foster care; conditions on the use of certain benefits for a child in foster care; provide. Amends 1994 PA 203 (MCL 722.951 - 722.960) by adding sec. 8f.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Engrossed) 2024-12-03 - Referred To Second Reading [SB0872 Detail]
Download: Michigan-2023-SB0872-Engrossed.html
Substitute For
SENATE BILL NO. 872
A bill to amend 1994 PA 203, entitled
"Foster care and adoption services act,"
(MCL 722.951 to 722.960) by adding section 8f.
the people of the state of michigan enact:
Sec. 8f. (1) The department shall do all of the following:
(a) At the discretion of the department, screen a child in foster care for potential eligibility for state or federal benefits within 90 days after the child enters foster care, and annually if the child in foster care remains in foster care.
(b) As appropriate, consult with the parents or guardian ad litem, if one has been appointed, of a child in foster care to make decisions regarding state and federal benefits in the best interests of the child in foster care.
(c) Using information collected under subdivisions (a) and (b), apply for state and federal benefits for which a child in foster care may be eligible and is not already receiving, as appropriate to the child's best interests.
(2) Beginning not later than October 1, 2026, and except as otherwise provided in this subsection, this state shall not use payments from state or federal benefits of a child in foster care, or any other assets or income that the child in foster care has earned, owned, or received, as reimbursement for the cost of care for the child in foster care. The department may, after appropriate consultation with the child in foster care's parents or guardian ad litem, if one has been appointed, do 1 or more of the following if the department determines that it is in the best interests of the child in foster care:
(a) Use the child in foster care's state or federal benefits for special needs services for the child in foster care that are not otherwise provided by the department.
(b) Conserve the state or federal benefits for reasonably foreseeable future special needs services for the child in foster care.
(3) If the department applies for state or federal benefits for a child in foster care, the department shall, in cooperation with the child in foster care's guardian ad litem, if one has been appointed, do either of the following:
(a) Provide information to assist payors of state or federal benefits in identifying an appropriate representative payee or fiduciary in accordance with the requirements of 20 CFR 404.2021 and 416.621, as applicable.
(b) Serve as the representative payee, if designated by a payor of state or federal benefits, or fiduciary for the child in foster care if payments cannot be made in accordance with subdivision (a).
(4) Consistent with federal law, if the department serves as the representative payee or in any other fiduciary capacity for a child in foster care that receives state or federal benefits, the department shall do all of the following until the department no longer serves as the representative payee or fiduciary:
(a) Conserve the state or federal benefits in the child in foster care's best interests or use the state or federal benefits as authorized under subsection (2).
(b) Subject to subsection (2), appropriately monitor any asset or resource limits for the state or federal benefits and ensure that the child in foster care's best interests are served by using or conserving the state or federal benefits in a way that avoids violating any asset or resource limits that would affect the child in foster care's continued eligibility to receive the state or federal benefits.
(c) Provide an annual accounting to the child in foster care and the child in foster care's guardian ad litem, if one has been appointed, of how the child in foster care's state or federal benefits have been used or conserved in accordance with this section.
(5) If a child in foster care is 14 years of age or older and is able to receive financial literacy training, the department shall provide the child in foster care with financial literacy training that are consistent with the needs of the child in foster care.
(6) The department shall immediately notify a child in foster care, through the child in foster care's guardian ad litem, if one has been appointed, of any of the following:
(a) An application for state or federal benefits made on behalf of the child in foster care or any application to become representative payee for state or federal benefits on behalf of the child in foster care.
(b) A decision or communication from this state or the federal government regarding an application for state or federal benefits described under subdivision (a).
(c) An appeal or other action requested by the department with regard to an application for state or federal benefits described under subdivision (a).
(7) If the department serves as the representative payee or otherwise receives state or federal benefits on behalf of a child in foster care, the department must provide notice to the child in foster care, through the child in foster care's guardian ad litem, if one has been appointed, of all of the following before each permanency planning hearing regarding the child in foster care:
(a) The amount of state or federal benefits received on behalf of the child in foster care since any previous notification to the child in foster care's guardian ad litem, if one has been appointed, and the date of each receipt.
(b) Information regarding the disposition of funds described in subdivision (a) including an accounting of any funds disbursed or expended and the balance of any deposit or trust accounts.
(8) The department shall facilitate the transfer of any assets or income that the child in foster care has earned, owned, or received to the child in foster care when the child in foster care is discharged from foster care or reaches the age of 18, whichever is sooner. The department shall assist the child in foster care in nominating a representative payee, for consideration by a payor of state or federal benefits, if applicable. If the child in foster care dies while in foster care, the department shall facilitate the transfer of any of the child in foster care's assets or income to the heirs of the child in foster care. If the child in foster care is discharged from foster care into the care of a parent, guardian, or conservator, the department shall facilitate the transfer of any assets or income to the parent, guardian, or conservator of the child in foster care to be managed for the benefit of the child in foster care. The department's responsibilities under this subsection apply only to funds for which the department is the payee or fiduciary.
(9) As appropriate, the department or the child in foster care's guardian ad litem, if one has been appointed, shall file timely appeals to a denial, overpayment, or cessation of state or federal benefits on behalf of a child in foster care.
(10) A transfer of assets under this section must be in accordance with the rules promulgated by United States Social Security Administration.
(11) This section does not affect any additional notice required by a state court.
(12) As used in this section:
(a) "Federal benefits" means either of the following:
(i) Social Security benefits.
(ii) United States Department of Veterans Affairs benefits.
(b) "State benefits" means state supplemental payments for recipients of federal supplemental security income.
