Assigned to HHS FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR S.B. 1430
DCS; federal benefits; dependent children
Purpose
Requires the Department of Child Safety (DCS), for all children in DCS care, to determine
whether each child is eligible for federal Social Security Administration (SSA) or U.S. Department
of Veterans Affairs (U.S. VA) benefits and apply for the benefits if the child is eligible.
Background
DCS's primary purpose is to protect children. Required DCS duties necessary to achieve
that purpose include: 1) investigating reports of abuse and neglect; 2) assessing, promoting and
supporting the safety of a child in a safe and stable family; 3) working cooperatively with law
enforcement regarding reports that include criminal conduct allegations; and 4) without
compromising child safety, coordinating services to achieve and maintain permanency on behalf
of the child, strengthen the family and provide child-safety prevention, intervention and treatment
services (A.R.S. § 8-451).
To be eligible for SSA benefits, a child must have a parent who is retired or has a disability
and is entitled to Social Security benefits or have a parent who died after having worked long
enough in a job where the parent paid Social Security taxes. An unmarried child can get benefits
if the child is: 1) younger than age 18; 2) between ages 18 and 19 and a full-time student at an
elementary or secondary school; and 3) age 18 or older with a disability that began before age 22.
Under certain circumstances, the SSA can also pay benefits to a stepchild, grandchild, step
grandchild, or adopted child (SSA).
For the U.S. VA, children can qualify for the Survivors’ and Dependents’ Educational
Assistance (DEA) Program. If they are the child of a veteran or service member, the child can get
benefits if they are between the ages of 18 and 26, except in certain cases. The child may be married
or unmarried (U.S. VA).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires DCS, for all children in DCS care, to determine whether each child is eligible for
SSA or U.S. VA benefits.
2. Requires DCS to apply for benefits on behalf of a child if it is determined that a child is eligible
for federal benefits. FACT SHEET
S.B. 1430
Page 2
3. Requires DCS to determine the best representative payee for receiving the child's federal
benefits.
4. States that, if serving as the representative payee, DCS:
a) may not use the child's federal benefits to pay for or to reimburse DCS or Arizona for any
of the child's care costs;
b) may use the child's federal benefits for the child's unmet needs beyond what DCS is
obligated or required to pay;
c) must establish an appropriate special needs trust for each child receiving federal benefits
or name the child a beneficiary of a pooled special needs trust and conserve the child's
unspent benefits in a manner that is consistent with federal and state requirements and that
appropriately avoids any federal asset or resource limits;
d) must, in addition to the reporting and accounting by custodial trustee requirements, provide
an annual accounting of the child's federal benefits to the child, the child's attorney and the
child's parents or guardians.
5. Requires the accounting to describe how and in what amount the child's federal benefits have
been spent and conserved.
6. Requires DCS to notify the child as well as the child's parents, attorney of any application for
federal benefits.
7. Becomes effective on the general effective date.
Prepared by Senate Research
February 10, 2023
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