Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H157 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 963 FILED ON: 1/17/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 157
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Tricia Farley-Bouvier
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act protecting benefits owed to foster children.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Tricia Farley-Bouvier2nd Berkshire1/17/2023Lindsay N. Sabadosa1st Hampshire1/20/2023Carmine Lawrence Gentile13th Middlesex1/25/2023David F. DeCoste5th Plymouth1/26/2023Joseph D. McKenna18th Worcester1/31/2023Vanna Howard17th Middlesex2/1/2023Mary S. Keefe15th Worcester2/6/2023Michelle M. DuBois10th Plymouth2/7/2023 1 of 7
16	16	HOUSE DOCKET, NO. 963 FILED ON: 1/17/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 157
18	18	By Representative Farley-Bouvier of Pittsfield, a petition (accompanied by bill, House, No. 157)
19	19	of Tricia Farley-Bouvier and others relative to protecting benefits owed to foster children.
20	20	Children, Families and Persons with Disabilities.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act protecting benefits owed to foster children.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 21 of chapter 119 of the General Laws, as appearing in the 2020
30	30	2Official Edition, is hereby amended by inserting after the definition of “Appropriate Services”
31	31	3the following definition:-
32	32	4
33	33	5 “Benefits”, benefits under Title XVI of the Social Security Act, also referred to as
34	34	6“Supplemental Security Income” or “SSI”; benefits under Title II of the Social Security Act, also
35	35	7referred to as “Retirement, Survivors or Disability Benefits” or “RSDI”; or federal veterans
36	36	8benefits.
37	37	9
38	38	10 SECTION 2. Said section 21 of said chapter 119, as so appearing, is hereby further
39	39	11amended by inserting after the definition of “Relative” the following definition:- 2 of 7
40	40	12
41	41	13 “Representative Payee or Fiduciary”, any person or entity designated to receive benefits
42	42	14for a minor child under the agency rules governing such benefits.
43	43	15
44	44	16 SECTION 3. Section 23 of said chapter 119, as so appearing, is hereby amended by
45	45	17inserting after subsection (i) the following subsection:-
46	46	18
47	47	19 (j) The department shall comply with section 23C, including providing eligibility
48	48	20screening, payee or fiduciary assistance, appropriate notice, benefits accounting, conservation of
49	49	21benefits and other services relative to benefits for children and youth below the age of 22 under
50	50	22the custody, care, or responsibility of the department.
51	51	23 SECTION 4. Chapter 119 of the General Laws is hereby amended by inserting after
52	52	24section 23B the following section:-
53	53	25 Section 23C. (a) When a child is placed in substitute care pursuant to a voluntary
54	54	26placement agreement or due to court-ordered custody, the department shall make all reasonable
55	55	27efforts to identify within 60 days of the child being committed to custody of the department
56	56	28whether the child is already receiving or may be eligible to receive benefits. In reviewing
57	57	29eligibility, the department shall consult with the parents and others who may have information
58	58	30about the child’s eligibility. If the department ascertains, or has cause to believe, that the child
59	59	31may be eligible for benefits, it shall apply to the agency administering such benefits on the
60	60	32child’s behalf, in cooperation with the child’s attorney. If benefits are denied, the department 3 of 7
61	61	33shall notify the child’s attorney and consult with its legal department regarding whether to appeal
62	62	34the decision. The department shall review cases of children in care annually to determine
63	63	35whether the child may have become eligible for benefits after the initial assessment. Whenever
64	64	36the child is or may be eligible for SSI, the department shall, if necessary for benefits eligibility,
65	65	37forego claiming that child for purposes of any federal IV-E maintenance payments under Section
66	66	38475(4) of the Social Security Act. The department shall designate an individual in its central
67	67	39office and each of its regional offices to oversee its responsibilities under this subsection.
68	68	40
69	69	41 (b) If the child is already receiving benefits prior to entering department custody, the
70	70	42department may apply to be designated as the child’s representative payee or fiduciary. If the
71	71	43department is applying for benefits for the child, the department may also apply to be the
72	72	44representative payee or fiduciary. In either instance, in deciding whether to apply to be the
73	73	45representative payee or fiduciary, the department, in cooperation with the child’s attorney, shall
74	74	46consider the preferences mandated in 20 C.F.R. § 404.2021(c) or 20 C.F.R. § 416.621, or other
75	75	47applicable program rules, and apply to become representative payee or fiduciary only if there is
76	76	48no other suitable candidate available. Where the goal is reunification, the department shall
77	77	49consider whether applying to become the child’s representative payee or fiduciary will
78	78	50undermine the goal of reunification and be contrary to the child’s best interests. Where the
79	79	51department is the representative payee or fiduciary, the department shall periodically review if
80	80	52under current circumstances, someone other than the department is available to apply to the
81	81	53applicable benefits agency to assume such a role, and could better serve as representative payee
82	82	54or fiduciary, in the child’s best interests. 4 of 7
83	83	55
84	84	56 (c) When the department submits an application to be appointed as a child’s
85	85	57representative payee or fiduciary, or applies on behalf of the child for benefits, the department
86	86	58shall provide prior notice to the child’s parents if parental rights have not been terminated, the
87	87	59legal guardian or guardians, the child’s attorney, the attorney or attorneys for the parents or legal
88	88	60guardian, the child’s caseworker and the child, if the child is aged 12 or older. The notice shall
89	89	61state that interested parties may submit information relevant to the selection of a representative
90	90	62payee or fiduciary for the child, and that individuals may have the right to contest the selection of
91	91	63a representative payee or fiduciary before the Social Security Administration or Veterans
92	92	64Administration. Prompt notice shall also be given to such persons regarding any communications
93	93	65from the Social Security Administration or Veterans Administration pertaining to acceptance or
94	94	66denial of benefits or the selection of a representative payee or fiduciary, as well as any appeal or
95	95	67other action requested by the department regarding an application for benefits. Prompt notice
96	96	68shall also be given to all such parties whenever a special trust account or savings account is
97	97	69established on behalf of the child under subsections (e) and (f).
98	98	70 (d) When the department is the child’s representative payee or fiduciary, it shall maintain
99	99	71an accounting of the child’s benefits, and shall submit a report quarterly to the child, if the child
100	100	72is aged 12 or over, parents, if parental rights have not been terminated, guardian, counsel for the
101	101	73child, counsel for the parent or parents, counsel for the guardian, the child’s caseworker and the
102	102	74court. The report shall include a statement of the amount and source of benefits collected by the
103	103	75department since any prior notification; the amount of benefits paid into any account maintained
104	104	76on behalf of the child; any amounts deducted by the department and the reasons for the
105	105	77deductions; any other withdrawals from the account established for the child and the reasons for 5 of 7
106	106	78such withdrawals; and information regarding all the child’s assets and resources, including
107	107	79benefits, insurance, cash assets, trust accounts, and earnings.
108	108	80
109	109	81 (e) If the department is the child’s representative payee or fiduciary, it shall place no
110	110	82less than 10 per cent of the child’s benefits in an account to be used only for the child’s personal
111	111	83needs. The department shall not use such funds to pay for items or activities that it ordinarily
112	112	84purchases for other foster children who do not receive benefits. If the child is receiving SSI
113	113	85benefits, the department shall ensure that any funds retained for personal needs do not exceed
114	114	86any federal asset limit. The balance of funds from benefits held by the department as a
115	115	87representative payee or fiduciary may be spent on unmet needs, subject to program requirements
116	116	88for administration of such benefits, and otherwise shall be conserved as savings for the child’s
117	117	89transition to adulthood at age 18. Any funds administered for SSI recipients above the federal
118	118	90asset limit shall be conserved in an Achieving a Better Life Experience (ABLE) account,
119	119	91authorized by Section 529A of the Internal Revenue Code of 1986, or another trust account for
120	120	92the child determined not to interfere with SSI or asset limitations for any other benefit program.
121	121	93If the child is not receiving SSI or other benefits with an asset limit, the department shall place
122	122	94excess funds in a savings account for the child. Benefits of a foster child shall not be used by the
123	123	95department to offset the cost of providing foster care. If the department is the child’s
124	124	96representative payee or fiduciary and receives retroactive benefits for the child, those funds shall
125	125	97be administered as required by program rules and placed in a separate dedicated account
126	126	98pursuant to applicable regulations, where necessary.
127	127	99 6 of 7
128	128	100 (f) The department shall take steps to conserve the benefits of children receiving benefits
129	129	101under this paragraph to assist them in the transition to adulthood and living independently. The
130	130	102department shall establish accounts as specified in subsection (e) in conserving a child’s benefits.
131	131	103The department shall work actively with the Social Security Administration and the child to
132	132	104ensure that when the child leaves foster care or turns 18, all payments of benefits will be returned
133	133	105to the Social Security Administration to be held on the child’s behalf or, upon the instructions of
134	134	106Social Security Administration, transferred to the child or to a new representative payee. The
135	135	107department shall provide the child with ongoing financial literacy training and support, including
136	136	108specific information regarding the existence, availability, and use of funds conserved for the
137	137	109child, beginning by age 14. Financial literacy training concerning restrictions on the use of
138	138	110conserved funds shall also be made available to all parents, guardians, and adoptive parents
139	139	111gaining access to funds conserved by the department.
140	140	112 (g) The department shall provide an annual report to the house and senate committees on
141	141	113ways and means, the committee on children, families and persons with disabilities, the clerks of
142	142	114the house and the senate and the secretary of the executive office of administration and finance,
143	143	115not later than September 1; provided, that the report shall set forth (i) the numbers of children
144	144	116committed to the department’s custody who were screened for eligibility for benefits; (ii)
145	145	117whether such screening occurred within 60 days of being committed to the department’s custody
146	146	118and if not, the date of the screening and reasons for the delay; (iii) the percentage of the children
147	147	119screened who were already receiving benefits; determined to possibly be eligible for benefits;
148	148	120and determined not to be eligible for benefits; (iv) the actions taken on behalf of such children to
149	149	121apply for such benefits where they have been determined to be possibly eligible, including the
150	150	122number and type of applications filed and approved and the number of appeals filed; (v) the 7 of 7
151	151	123percentages of such children determined to be eligible for SSI, RSDI and veterans benefits; (vi)
152	152	124of all such children receiving SSI, RSDI or veteran’s benefits, the number of children for whom
153	153	125the department is the representative payee, the number of children for whom the parent or
154	154	126guardian is the representative payee, and the number of children for whom another interested
155	155	127person is the representative payee; and (vii) the savings tools used by the department to conserve
156	156	128for transition the benefits of such children receiving SSI, RSDI and veterans benefits and the
157	157	129frequency and degree to which such tools were employed for such children during the annual
158	158	130review period.
159	159	131
160	160	132 (h) In administering the benefits of young adults ages 18 to 22 for whom the department
161	161	133is acting as a representative payee or fiduciary, the department shall comply with the
162	162	134requirements for children under subsections (a) through (g).
163	163	135
164	164	136 SECTION 5. Not later than 90 days after the effective date of this act, the secretary of the
165	165	137executive office of health and human services shall promulgate regulations as necessary to
166	166	138implement section 23C of chapter 119 of the General Laws, as inserted by this act.