Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S65 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 662 FILED ON: 1/17/2023
3	3	SENATE . . . . . . . . . . . . . . No. 65
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joanne M. Comerford
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 :Joanne M. ComerfordHampshire, Franklin and WorcesterLiz MirandaSecond Suffolk1/31/2023 1 of 7
16	16	SENATE DOCKET, NO. 662 FILED ON: 1/17/2023
17	17	SENATE . . . . . . . . . . . . . . No. 65
18	18	By Ms. Comerford, a petition (accompanied by bill, Senate, No. 65) of Joanne M. Comerford
19	19	and Liz Miranda for legislation to protect benefits owed to foster children. Children, Families
20	20	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 “Benefits”, benefits under Title XVI of the Social Security Act, also referred to as
33	33	5“Supplemental Security Income” or “SSI”; benefits under Title II of the Social Security Act, also
34	34	6referred to as “Retirement, Survivors or Disability Benefits” or “RSDI”; or federal veterans
35	35	7benefits.
36	36	8 SECTION 2. Said section 21 of said chapter 119, as so appearing, is hereby further
37	37	9amended by inserting after the definition of “Relative” the following definition:-
38	38	10 “Representative Payee or Fiduciary”, any person or entity designated to receive benefits
39	39	11for a minor child under the agency rules governing such benefits. 2 of 7
40	40	12 SECTION 3. Section 23 of said chapter 119, as so appearing, is hereby amended by
41	41	13inserting after subsection (i) the following subsection:-
42	42	14 (j) The department shall comply with section 23C, including providing eligibility
43	43	15screening, payee or fiduciary assistance, appropriate notice, benefits accounting, conservation of
44	44	16benefits and other services relative to benefits for children and youth below the age of 22 under
45	45	17the custody, care, or responsibility of the department.
46	46	18 SECTION 4. Chapter 119 of the General Laws is hereby amended by inserting after
47	47	19section 23B the following section:-
48	48	20 Section 23C. (a) When a child is placed in substitute care pursuant to a voluntary
49	49	21placement agreement or due to court-ordered custody, the department shall make all reasonable
50	50	22efforts to identify within 60 days of the child being committed to custody of the department
51	51	23whether the child is already receiving or may be eligible to receive benefits. In reviewing
52	52	24eligibility, the department shall consult with the parents and others who may have information
53	53	25about the child’s eligibility. If the department ascertains, or has cause to believe, that the child
54	54	26may be eligible for benefits, it shall apply to the agency administering such benefits on the
55	55	27child’s behalf, in cooperation with the child’s attorney. If benefits are denied, the department
56	56	28shall notify the child’s attorney and consult with its legal department regarding whether to appeal
57	57	29the decision. The department shall review cases of children in care annually to determine
58	58	30whether the child may have become eligible for benefits after the initial assessment. Whenever
59	59	31the child is or may be eligible for SSI, the department shall, if necessary for benefits eligibility,
60	60	32forego claiming that child for purposes of any federal IV-E maintenance payments under Section 3 of 7
61	61	33475(4) of the Social Security Act. The department shall designate an individual in its central
62	62	34office and each of its regional offices to oversee its responsibilities under this subsection.
63	63	35 (b) If the child is already receiving benefits prior to entering department custody, the
64	64	36department may apply to be designated as the child’s representative payee or fiduciary. If the
65	65	37department is applying for benefits for the child, the department may also apply to be the
66	66	38representative payee or fiduciary. In either instance, in deciding whether to apply to be the
67	67	39representative payee or fiduciary, the department, in cooperation with the child’s attorney, shall
68	68	40consider the preferences mandated in 20 C.F.R. § 404.2021(c) or 20 C.F.R. § 416.621, or other
69	69	41applicable program rules, and apply to become representative payee or fiduciary only if there is
70	70	42no other suitable candidate available. Where the goal is reunification, the department shall
71	71	43consider whether applying to become the child’s representative payee or fiduciary will
72	72	44undermine the goal of reunification and be contrary to the child’s best interests. Where the
73	73	45department is the representative payee or fiduciary, the department shall periodically review if
74	74	46under current circumstances, someone other than the department is available to apply to the
75	75	47applicable benefits agency to assume such a role, and could better serve as representative payee
76	76	48or fiduciary, in the child’s best interests.
77	77	49 (c) When the department submits an application to be appointed as a child’s
78	78	50representative payee or fiduciary, or applies on behalf of the child for benefits, the department
79	79	51shall provide prior notice to the child’s parents if parental rights have not been terminated, the
80	80	52legal guardian or guardians, the child’s attorney, the attorney or attorneys for the parents or legal
81	81	53guardian, the child’s caseworker and the child, if the child is aged 12 or older. The notice shall
82	82	54state that interested parties may submit information relevant to the selection of a representative
83	83	55payee or fiduciary for the child, and that individuals may have the right to contest the selection of 4 of 7
84	84	56a representative payee or fiduciary before the Social Security Administration or Veterans
85	85	57Administration. Prompt notice shall also be given to such persons regarding any communications
86	86	58from the Social Security Administration or Veterans Administration pertaining to acceptance or
87	87	59denial of benefits or the selection of a representative payee or fiduciary, as well as any appeal or
88	88	60other action requested by the department regarding an application for benefits. Prompt notice
89	89	61shall also be given to all such parties whenever a special trust account or savings account is
90	90	62established on behalf of the child under subsections (e) and (f).
91	91	63 (d) When the department is the child’s representative payee or fiduciary, it shall maintain
92	92	64an accounting of the child’s benefits, and shall submit a report quarterly to the child, if the child
93	93	65is aged 12 or over, parents, if parental rights have not been terminated, guardian, counsel for the
94	94	66child, counsel for the parent or parents, counsel for the guardian, the child’s caseworker and the
95	95	67court. The report shall include a statement of the amount and source of benefits collected by the
96	96	68department since any prior notification; the amount of benefits paid into any account maintained
97	97	69on behalf of the child; any amounts deducted by the department and the reasons for the
98	98	70deductions; any other withdrawals from the account established for the child and the reasons for
99	99	71such withdrawals; and information regarding all the child’s assets and resources, including
100	100	72benefits, insurance, cash assets, trust accounts, and earnings.
101	101	73 (e) If the department is the child’s representative payee or fiduciary, it shall place no less
102	102	74than 10 per cent of the child’s benefits in an account to be used only for the child’s personal
103	103	75needs. The department shall not use such funds to pay for items or activities that it ordinarily
104	104	76purchases for other foster children who do not receive benefits. If the child is receiving SSI
105	105	77benefits, the department shall ensure that any funds retained for personal needs do not exceed
106	106	78any federal asset limit. The balance of funds from benefits held by the department as a 5 of 7
107	107	79representative payee or fiduciary may be spent on unmet needs, subject to program requirements
108	108	80for administration of such benefits, and otherwise shall be conserved as savings for the child’s
109	109	81transition to adulthood at age 18. Any funds administered for SSI recipients above the federal
110	110	82asset limit shall be conserved in an Achieving a Better Life Experience (ABLE) account,
111	111	83authorized by Section 529A of the Internal Revenue Code of 1986, or another trust account for
112	112	84the child determined not to interfere with SSI or asset limitations for any other benefit program.
113	113	85If the child is not receiving SSI or other benefits with an asset limit, the department shall place
114	114	86excess funds in a savings account for the child. Benefits of a foster child shall not be used by the
115	115	87department to offset the cost of providing foster care. If the department is the child’s
116	116	88representative payee or fiduciary and receives retroactive benefits for the child, those funds shall
117	117	89be administered as required by program rules and placed in a separate dedicated account
118	118	90pursuant to applicable regulations, where necessary.
119	119	91 (f) The department shall take steps to conserve the benefits of children receiving benefits
120	120	92under this paragraph to assist them in the transition to adulthood and living independently. The
121	121	93department shall establish accounts as specified in subsection (e) in conserving a child’s benefits.
122	122	94The department shall work actively with the Social Security Administration and the child to
123	123	95ensure that when the child leaves foster care or turns 18, all payments of benefits will be returned
124	124	96to the Social Security Administration to be held on the child’s behalf or, upon the instructions of
125	125	97Social Security Administration, transferred to the child or to a new representative payee. The
126	126	98department shall provide the child with ongoing financial literacy training and support, including
127	127	99specific information regarding the existence, availability, and use of funds conserved for the
128	128	100child, beginning by age 14. Financial literacy training concerning restrictions on the use of 6 of 7
129	129	101conserved funds shall also be made available to all parents, guardians, and adoptive parents
130	130	102gaining access to funds conserved by the department.
131	131	103 (g) The department shall provide an annual report to the house and senate committees on
132	132	104ways and means, the committee on children, families and persons with disabilities, the clerks of
133	133	105the house and the senate and the secretary of the executive office of administration and finance,
134	134	106not later than September 1; provided, that the report shall set forth (i) the numbers of children
135	135	107committed to the department’s custody who were screened for eligibility for benefits; (ii)
136	136	108whether such screening occurred within 60 days of being committed to the department’s custody
137	137	109and if not, the date of the screening and reasons for the delay; (iii) the percentage of the children
138	138	110screened who were already receiving benefits; determined to possibly be eligible for benefits;
139	139	111and determined not to be eligible for benefits; (iv) the actions taken on behalf of such children to
140	140	112apply for such benefits where they have been determined to be possibly eligible, including the
141	141	113number and type of applications filed and approved and the number of appeals filed; (v) the
142	142	114percentages of such children determined to be eligible for SSI, RSDI and veterans benefits; (vi)
143	143	115of all such children receiving SSI, RSDI or veteran’s benefits, the number of children for whom
144	144	116the department is the representative payee, the number of children for whom the parent or
145	145	117guardian is the representative payee, and the number of children for whom another interested
146	146	118person is the representative payee; and (vii) the savings tools used by the department to conserve
147	147	119for transition the benefits of such children receiving SSI, RSDI and veterans benefits and the
148	148	120frequency and degree to which such tools were employed for such children during the annual
149	149	121review period. 7 of 7
150	150	122 (h) In administering the benefits of young adults ages 18 to 22 for whom the department
151	151	123is acting as a representative payee or fiduciary, the department shall comply with the
152	152	124requirements for children under subsections (a) through (g).
153	153	125 SECTION 5. Not later than 90 days after the effective date of this act, the secretary of the
154	154	126executive office of health and human services shall promulgate regulations as necessary to
155	155	127implement section 23C of chapter 119 of the General Laws, as inserted by this act.