Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H227 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. 1117 FILED ON: 1/14/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 227
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 Berkshire1/14/2025Patrick Joseph Kearney4th Plymouth1/16/2025Joanne M. ComerfordHampshire, Franklin and Worcester1/26/2025David F. DeCoste5th Plymouth1/22/2025Colleen M. Garry36th Middlesex1/25/2025Sally P. Kerans13th Essex2/13/2025David Henry Argosky LeBoeuf17th Worcester2/10/2025 1 of 7
16	16	HOUSE DOCKET, NO. 1117 FILED ON: 1/14/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 227
18	18	By Representative Farley-Bouvier of Pittsfield, a petition (accompanied by bill, House, No. 227)
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	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 4704 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act protecting benefits owed to foster children.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 21 of chapter 119 of the General Laws, as appearing in the 2022
32	32	2Official Edition, is hereby amended by inserting after the definition of “Appropriate Services”
33	33	3the following definition:-
34	34	4 “Benefits”, benefits under Title XVI of the Social Security Act, also referred to as
35	35	5“Supplemental Security Income” or “SSI”; benefits under Title II of the Social Security Act, also
36	36	6referred to as “Retirement, Survivors or Disability Insurance Benefits” or “RSDI”; or other
37	37	7federal benefits.
38	38	8 SECTION 2. Section 21 of chapter 119, as so appearing, is hereby further amended by
39	39	9inserting after the definition of “Relative” the following definition:- 2 of 7
40	40	10 “Representative Payee or Fiduciary”, any person or entity designated to receive benefits
41	41	11for a minor child under the agency rules governing such benefits.
42	42	12 SECTION 3. Section 23 of chapter 119, as so appearing, is hereby amended by inserting
43	43	13after subsection (i) the following subsection:-
44	44	14 (j) The department shall comply with section 23D, by providing benefit management
45	45	15services to children and young adults in the department’s care, custody, or responsibility,
46	46	16including eligibility screening, representative payee or fiduciary assistance, notice, benefits
47	47	17accounting, conservation of benefits and other services relative to benefits.
48	48	18 SECTION 4. Chapter 119 of the General Laws is hereby amended by inserting after
49	49	19section 23C the following section:-
50	50	20 Section 23D. (a) When a child is placed in foster care under a voluntary placement
51	51	21agreement or court-ordered custody, the department shall make all reasonable efforts to identify
52	52	22within 60 days of the child being committed to custody of the department whether the child is
53	53	23already receiving or may be eligible to receive benefits. In reviewing eligibility, the department
54	54	24shall consult with the parents and others who may have information about the child’s eligibility.
55	55	25If the department determines, or has cause to believe, that the child may be eligible for benefits,
56	56	26it shall apply for benefits on the child’s behalf. If the agency administering such benefits denies
57	57	27the application, the department may appeal the decision. The department shall review cases of
58	58	28children in foster care annually to determine whether the child may have become eligible for
59	59	29benefits after the initial assessment. DCF will only seek federal foster care reimbursement for a
60	60	30child if such reimbursement will not impact the child’s eligibility for benefits or the amount of
61	61	31benefits. 3 of 7
62	62	32 (b) If the child is already receiving benefits prior to entering department custody, the
63	63	33department may apply to be the child’s representative payee or fiduciary. If the department is
64	64	34applying for benefits for the child, the department may also apply to be the representative payee
65	65	35or fiduciary. Where the goal is reunification, the department shall consider whether applying to
66	66	36become the child’s representative payee or fiduciary will undermine the goal of reunification and
67	67	37be contrary to the child’s best interests.
68	68	38 (c) The department shall provide timely notice for each of the following events:
69	69	39 (i) The department submits an application for benefits;
70	70	40 (ii) The department submits a request to become the child’s representative payee;
71	71	41 (iii) the department receives notice of the agency’s decision regarding benefits including
72	72	42denial, termination or reduction in benefits;
73	73	43 (iv) the department decides whether or not to appeal an adverse determination, including
74	74	44the outcome of any appeal filed; and
75	75	45 (v) the department receives notice of an eligibility redetermination.
76	76	46 Notice shall be provided to counsel for the child, as well as counsel for the parent or
77	77	47parents or legal guardian or guardians, except that no notice shall be provided to a parent for
78	78	48whom a decree to dispense with consent to adoption has been entered under paragraph 4 of
79	79	49section 26 of chapter 119.
80	80	50 The notice provisions of this section 23D of chapter 119 of the General Laws shall go
81	81	51into effect 18 months after the enactment of this act. Until the effective implementation date, the 4 of 7
82	82	52department shall make best efforts to ensure compliance with the notice requirements of section
83	83	5323D of chapter 119 of the General Laws.
84	84	54 (d) When the department is the child’s representative payee or fiduciary, it shall maintain
85	85	55an accounting of the child’s benefits, and shall make available to child’s counsel current
86	86	56accounting information electronically or by other means. The accounting information shall
87	87	57include (1) the amount and source of benefits collected by the department and credited to any
88	88	58account maintained on behalf of the child; (2) the balance of any account maintained on behalf of
89	89	59the child; (3) any amounts deducted by the department and the reasons for the deductions; and
90	90	60(4) information regarding all the child’s assets and resources, including benefits, insurance, cash
91	91	61assets, trust accounts, and earnings if such assets or resources are controlled by the department.
92	92	62The department shall provide such accounting information to the court at permanency hearings,
93	93	63at other court proceedings, as necessary, or upon request.
94	94	64 (e) If the department is the child’s representative payee or fiduciary, the Department shall
95	95	65not use such benefits to reimburse the Commonwealth for the child’s placement in foster care. If
96	96	66the child is receiving SSI benefits, the department shall ensure that any funds retained on the
97	97	67child’s behalf are kept in a manner that does not exceed any federal asset or resource limit that
98	98	68would affect the child’s eligibility to continue receiving SSI benefits. Benefits held by the
99	99	69department as a representative payee or fiduciary may be spent on the child’s unmet needs,
100	100	70which would not ordinarily be funded by another source, subject to program rules for the use of
101	101	71such benefits, or otherwise conserved for the child. Any funds administered for SSI recipients
102	102	72above the federal asset or resource limits shall be conserved in an Achieving a Better Life
103	103	73Experience (ABLE) account, authorized by Section 529A of the Internal Revenue Code of 1986,
104	104	74or another account for the child determined not to interfere with federal asset or resource limits 5 of 7
105	105	75for any other federal means-tested benefit program. If the child is not receiving SSI or other
106	106	76federal means-tested benefits with an asset or resource limit, the department shall place excess
107	107	77funds in an interest-bearing account or other savings or investment vehicle for the benefit of the
108	108	78child. If the department is the child’s representative payee or fiduciary and receives retroactive
109	109	79benefits for the child, those funds shall be kept as required by the program rules of the agency
110	110	80administering such benefits.
111	111	81 (f) The department shall take steps to conserve the benefits of children receiving benefits
112	112	82under this paragraph to assist them in the transition to adulthood and living independently. The
113	113	83department shall establish accounts as specified in subsection (e) in conserving a child’s benefits.
114	114	84The department shall work actively with the agency administering such benefits and the child to
115	115	85ensure that when the child leaves foster care, becomes eligible for direct payment, or another
116	116	86representative payee is identified, all payments of benefits or conserved funds shall be (1)
117	117	87returned to the agency following program rules; or (2) upon agreement by the agency, if
118	118	88necessary, transferred to the child or to a new representative payee or fiduciary.
119	119	89 (g) The department shall provide the child with ongoing financial information regarding
120	120	90the eligibility for benefits, as well as the existence, amount, availability, use, and limitations of
121	121	91funds conserved for the child, beginning at 14 years of age and tailored to the individual child.
122	122	92For youth ages 17 of age or older, financial information shall also include basic assistance with
123	123	93understanding budgeting and money management, checking and savings accounts, tailored to the
124	124	94individual child.
125	125	95 (h) The department shall provide the child with ongoing financial literacy training and
126	126	96support, beginning at 14 years of age and tailored to the individual child. This program may 6 of 7
127	127	97include, but need not be limited to, topics such as: budgeting; money management; informed
128	128	98decision-making; banking, checking and savings accounts; credit card counseling; managing
129	129	99debt; planning for financial security and stability; financing post-secondary education or training;
130	130	100long term asset-building; and community and agency services. Financial literacy resources
131	131	101concerning the use of conserved funds shall also be made available to all parents, guardians, and
132	132	102adoptive parents gaining access to funds conserved by the department. The financial literacy
133	133	103requirements set forth in M.G.L. c. 119, Sec 23D(h) shall go into effect 18 months after the
134	134	104enactment of this act. Until the effective implementation date, the department shall make best
135	135	105efforts to ensure compliance with the financial literacy requirements set forth in this paragraph.
136	136	106 (i) The department shall provide an annual report to the house and senate committees on
137	137	107ways and means, the committee on children, families and persons with disabilities, the clerks of
138	138	108the house and the senate and the secretary of the executive office of administration and finance,
139	139	109not later than December 31; provided, the report shall set forth: (1) the numbers of children in the
140	140	110department’s care and custody receiving benefits for which the department is the representative
141	141	111payee or fiduciary; (2) the numbers of children in the department’s care or custody who are
142	142	112receiving SSI, RSDI or other federal benefits; (3) the amount of benefits being conserved by the
143	143	113department; and (4) the number and type of accounts established by the department on behalf of
144	144	114such children.
145	145	115 (j) To the extent such data is available, the report shall also set forth the numbers of
146	146	116children in the department’s care or custody, (1) who were screened for eligibility for benefits;
147	147	117and whether such screening occurred within 60 days of being committed to the department’s
148	148	118custody, and if not, the date of the screening and reasons for the delay; (2) who were already
149	149	119receiving benefits after screening; and (3) for whom the department submitted applications for 7 of 7
150	150	120benefits, by type of application, and the outcome of those applications, including the number of
151	151	121appeals filed; providing however, that if such data is not available, the department shall provide
152	152	122information to such committees as to its ongoing efforts to be able to gather and report upon such
153	153	123information.
154	154	124 (k) In administering the benefits of young adults ages 18 to 22 for whom the department
155	155	125is acting as a representative payee or fiduciary, the department shall comply with the
156	156	126requirements for children under subsections (a) through (j). The department shall continue to
157	157	127provide financial literacy training under paragraph (h) to young adults who become eligible for
158	158	128direct payment of benefits and continue to receive young adult services from the department.
159	159	129 SECTION 5. Not later than 90 days after the effective date of this act, the secretary of the
160	160	130executive office of health and human services shall promulgate regulations as necessary to
161	161	131implement section 23D of chapter 119 of the General Laws, as inserted by this act. The notice
162	162	132provisions of this section 23D of chapter 119 of the General Laws shall go into effect 18 months
163	163	133after the enactment of this act. Until the effective implementation date, the department shall
164	164	134make best efforts to ensure compliance with the notice requirements of section 23D of chapter
165	165	135119 of the General Laws. The financial literacy requirements set forth in subsection (h) of
166	166	136section 23D of chapter 119 shall go into effect 18 months after the enactment of this act. Until
167	167	137the effective implementation date, the department shall make best efforts to ensure compliance
168	168	138with the financial literacy requirements set forth in said subsection (h).