BILL NUMBER: AB 1633 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Evans
FEBRUARY 22, 2005
An act to add Chapter 6.2 (commencing with Section 13750) to Part
3 of Division 9 of the Welfare and Institutions Code, relating to
foster children.
LEGISLATIVE COUNSEL'S DIGEST
AB 1633, as introduced, Evans. Foster children: social security
assistance.
Existing law provides for the placement of certain children in
foster care under the custody of the State Department of Social
Services. Existing law, the federal Social Security Act, provides for
benefits for eligible beneficiaries, including survivorship benefits
and supplemental security income benefits for, among others, blind
and disabled children. The act authorizes a person or entity to be
appointed as a representative payee for a beneficiary who cannot
manage or direct the management of his or her money.
This bill would require the department to establish and maintain a
social security assistance program for eligible children who are in
the department's custody. The bill would require the department to
assist in the application process for an eligible foster child, and
to apply to be appointed the child's representative payee. It would
further require the department to establish a maintenance account and
a dedicated account for each child, to contain proceeds from Social
Security Act benefits each of which would only be used for the
purposes set forth in the bill. The bill would require the department
to reserve a child's social security benefits for 90 days prior to
his or her 18th birthday, and to transfer those benefits to the child
to assist in the transfer to independent living. The bill would
require the department to make findings and recommendations regarding
establishing eligibility for social security benefits for children
under the state's care.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:(a) Children and youth in foster care are more likely to
have more significant emotional and behavioral health problems,
developmental disabilities or delays, or chronic health conditions
than other children.
(b) Assisting eligible children in securing social security
benefits is a cost-effective method to improve the lives of many
children and youth in state custody and to improve their chances of
returning to a safe and stable home.
(c) Disabled children may face special barriers when transitioning
from state care and custody.
(d) Federal financial benefits can be an important source of
support for these children. They also can serve as a buffer as
children transition from state care and custody.
(e) Many children in foster care go without social security
benefits for which they are eligible because no one is available to
assist them with the application process. Only a small percentage of
the children in California that receive SSI/SSP benefits also receive
child welfare services, and many more children in the state's care
are likely eligible for social security benefits.
(f) For those children that leave state custody at 18 years of
age, social security benefits serve as an important resource in
making the transition out of the state's custody.
SEC. 2. Chapter 6.2 (commencing with Section 13750) is added to
Part 3 of Division 9 of the Welfare and Institutions Code , to read:
CHAPTER 6.2. FOSTER CARE SOCIAL SECURITY ASSISTANCE PROGRAM
13750. This chapter shall be known, and may be cited as, the
Foster Care Social Security Assistance Program.
13752. The State Department of Social Services shall establish
and maintain a social security assistance program to ensure that all
children residing in the department's custody who are eligible for
social security benefits apply for and receive all benefits available
to them. The department shall do all of the following:(a) Screen all
children in the custody of the department for eligibility for social
security supplemental security income and social security survivor's
benefits. Each child shall be screened within six months of entering
the department's custody.
(b) Assist in the application process for supplemental security
income and survivor's benefits for each child who is determined
pursuant to the screening process to be likely to be eligible for
benefits.
(c) Request reconsideration and appeal adverse decisions where
appropriate.
13754. The department shall apply to be appointed representative
payee on behalf of a child beneficiary in its custody when no other
appropriate party is available to serve. In its capacity as
representative payee, the department shall do all of the following:
(a) Establish a no-cost, interest-bearing maintenance account for
each child in the department's custody for whom the department serves
as representative payee. Interest earned shall be credited to the
account. The department shall keep an itemized current account of all
income and expense items for each child's maintenance account.
(b) Establish procedures for disbursing money from the accounts,
including disbursing the net balance to the beneficiary upon release
from care. The department shall use social security benefits only for
the following purposes:
(1) For the use and benefit of the child.
(2) For purposes determined by the department to be in the child's
best interest.
(3) In accordance with an assessment of the child's individual
needs, provided that each child beneficiary shall receive a personal
allowance of at least thirty dollars ($30) each month for the child's
personal use.
(c) Establish and maintain a dedicated account in a financial
institution for certain past-due benefit payments, in accordance with
federal law. Only past-due benefits and certain subsequent SSI
payments that reconcile past underpayments shall be deposited into
the account. Funds from the dedicated account shall not be used for
basic maintenance costs. The use of funds from the dedicated account
must be for the benefit of the child and are limited to expenditures
for the following:
(1) Medical treatment.
(2) Education or job skills training.
(3) Personal needs assistance.
(4) Special equipment.
(5) Housing modification.
(6) Therapy or rehabilitation.
(7) Other items or services, provided the Social Security
Administration determines the other services are appropriate.
(d) Beginning at least 90 days prior to a custodial child's 18th
birthday, the department shall conserve the child's social security
benefits in lieu of reimbursing the department for care and
maintenance. Conserved benefits shall be transferred to the child to
assist in his or her transition to self-sufficient living.
13756. The department shall annually evaluate and make public its
findings and recommendations regarding establishing eligibility for
social security benefits for children in the department's care.
Evaluations pursuant to this section shall include all of the
following:(a) The number of children in the department's custody with
developmental disabilities or delays, behavioral, or emotional
health problems or chronic health conditions.
(b) The number of children for whom the department serves as
representative payee, and the number of children in the department's
custody that have a representative payee other than the department.
(c) The purposes for which social security benefits were disbursed
from each account for which the department has been appointed the
representative payee.
(d) The number and percentage of children determined to be
eligible for SSI who are emancipated from foster care.
(e) The total amount of money collected by the department in
social security benefits for children in the state's custody.
13758. For purposes of this chapter, social security benefits
also include SSI/SSP benefits.