Bill Text: NJ A4495 | 2024-2025 | Regular Session | Introduced
Bill Title: Prohibits DCF from using certain federal benefits to reimburse State for cost of a child's care; requires DCF to conserve benefits for child's unmet or future needs.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-06-06 - Introduced, Referred to Assembly Children, Families and Food Security Committee [A4495 Detail]
Download: New_Jersey-2024-A4495-Introduced.html
Sponsored by:
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Co-Sponsored by:
Assemblyman Atkins
SYNOPSIS
Prohibits DCF from using certain federal benefits to reimburse State for cost of a child's care; requires DCF to conserve benefits for child's unmet or future needs.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning federal benefits for children in foster care and supplementing P.L.1991, c.290 (C.9:6B-1 et. seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Division" means the Division of Child Protection and Permanency in the Department of Children and Families.
"Federal benefits" means any cash payments from the federal government for which a child may be eligible, including but not limited to, Social Security benefits pursuant to Title II of the Social Security Act (42 U.S.C. s.401 et seq.) and Title XVI of the Social Security Act (42 U.S.C. s.1381 et seq.), and Veterans Administration benefits.
"Representative payee" has the same meaning as provided in paragraph (j) of Section 405 of Title II of the Social Security Act (42
U.S.C. s.405(j)(1)(A)) and in paragraph (a) of Section 1383 of Title
XVI of the Social Security Act (42 U.S.C. s.1383(a)(2)(A)(ii)(I)).
2. a. In the case of a child in the custody of the division, the Department of Children and Families shall make a determination as to whether the child is currently receiving, or is eligible for, federal benefits within sixty days after the child is placed in the division's custody.
b. If the department determines that the child is eligible or may be eligible for federal benefits, the department shall apply for such benefits on behalf of the child, after notifying the child, the child's attorney, the child's parent, provided parental rights have not been terminated, or the child's guardian.
3. a. If a child is receiving federal benefits before the division assumes custody of the child, or if the Department of Children and Families applies for benefits on the child's behalf, the department shall:
(1) identify, in consultation with the child and the child's attorney, a representative payee, in accordance with 20 C.F.R. 404.2021 and 20 C.F.R. 416.621, who shall apply to become the representative payee for the child's benefits; or
(2) apply to become the representative payee for the child's benefits, provided no other suitable candidate is available.
b. If the department is appointed to serve as the child's representative payee under subsection a., the department:
(1) is prohibited from using the child's federal or other benefits, savings, or assets to offset the State's costs for the child's care; and
(2) may use the child's federal or other benefits, savings, or assets for the child's current unmet needs beyond the amount that the department is obligated, required, or agrees to pay, or may reserve the benefits, savings, or assets for the child's future needs.
4. a. If the Department of Children and Families is appointed to serve as the representative payee of a child under the custody of the division, the department shall establish an account, at a federally insured financial institution, to reserve and use the child's federal benefits in the child's best interest for current unmet and future needs, in a manner consistent with federal and State asset and resource limits.
b. The account established under subsection a. may include, but shall not be limited to:
(1) a special needs trust, established pursuant to P.L.2015, c.276 (C.3B:31-37);
(2) an Achieving a Better Life Experience Account, established pursuant to P.L.2015, c.185 (C.52:18A-250 et seq.), in accordance with section 529A of the federal Internal Revenue Code of 1986, 26 U.S.C. s.529A; or
(3) any other trust account determined not to interfere with the income or asset limitations for any benefit program for which the child is eligible.
c. The department shall provide an annual accounting of the use, application, or conservation of the federal benefits of a child under the custody of the division to the child, the child's attorney, the child's parent, provided parental rights have not been terminated, or the child's legal guardian.
5. The Department of Children and Families shall annually review whether an appropriate individual, other than the department, is available to serve as the representative payee for a child under the custody of the division, and, if such a person is available, and with the agreement of the child and the child's attorney, petition to have this individual appointed as the child's representative payee.
6. a. The Department of Children and Families shall notify a child, who is in the custody of the division, the child's parent, provided parental rights have not been terminated, or the child's legal guardian of any application, decision, or appeal related to the child's federal benefits.
b. In the case of a denial of the child's federal benefits, the department shall consult with the child's attorney and appeal the denial, provided doing so is in the child's best interest.
7. The Department of Children and Families shall annually review the cases of children who are in the custody of the division to determine whether a child may have become eligible for federal benefits after the department's initial assessment of the child's eligibility.
8. Upon the child's exit from the division's custody, and termination of the Department of Children and Families' responsibility for the child, the department shall release any remaining funds to the child's credit, pursuant to the requirements of the original funding source or, in the absence of any such requirements, shall release the remaining funds to:
a. the child, if the child is aged 18 years or older or is emancipated; or
b. the child's parent or legal guardian, if the child is a minor and is not emancipated.
9. The Commissioner of Children and Families, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations necessary to implement the provisions of this act.
10. This act shall take effect immediately.
STATEMENT
The bill requires the Department of Children and Families (the department) to determine, within 60 days of a child's placement in a foster home, whether the child currently receives, or is eligible for, federal benefits, such as Social Security or Veteran's Administration benefits. Upon determining that a child is eligible for federal benefits, the department will apply for these benefits on the child's behalf, after notifying the child, the child's attorney, the child's parent, provided parental rights have not been terminated, or the child's legal guardian.
If a child received federal benefits prior to placement in a foster home, or if the department applies for federal benefits on the child's behalf, the department, in consultation with the child and the child's attorney, will identify a representative payee. If no suitable candidate is available to serve as the child's representative payee, the department may apply to become the representative payee for the child's benefits. In such cases, the department is required to annually review whether an appropriate individual is available to serve as representative payee; if so, and with the consent of the child and the child's attorney, the department will petition to have this individual appointed as representative payee.
If the department is appointed as the representative payee, the department is prohibited from using the child's federal or any other benefits, savings, or assets to offset the State's costs for the child's care. The department is also required to utilize the child's federal benefits for the child's unmet needs, or to save for the child's future needs.
Under the bill, the department is required to establish an account at a financial institution, into which the child's federal benefits will be deposited, consistent with federal and State asset and resource limits. The department may establish certain types of accounts, such as a special needs trust or an Achieving a Better Life Experience (ABLE), which will not conflict with the income and asset limits of certain federal benefits programs. The department will annually provide the child, the child's attorney, and the child's parent or legal guardian with an account of the use, application, or conservation of the child's benefits.
The department is also required to annually review the cases of children in foster care to determine whether a child may have become eligible for federal benefits in the time since the department's initial assessment of the child's eligibility.
Upon termination of the department's responsibility for a child, the department must turn over any remaining federal benefits to the child, if the child is age 18 years or older or is an emancipated minor, or to the child's parent or legal guardian.
