Missouri 2025 Regular Session

Missouri Senate Bill SB170 Compare Versions

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

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	SENATE BILL NO. 170
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR BURGER.
8	8	0915S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal section 210.560, RSMo, and to enact in lieu thereof one new section relating to money
11	11	held by the children's division for the benefit of a child.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Section 210.560, RSMo, is repealed and one new 1
15	15	section enacted in lieu thereof, to be known as section 210.560, 2
16	16	to read as follows:3
17	17	210.560. 1. As used in this section, the following 1
18	18	terms shall mean: 2
19	19	(1) "Child", any child placed in the legal custody of 3
20	20	the division under chapter 211; 4
21	21	(2) "Division", the children's division of the 5
22	22	department of social servi ces of the state of Missouri; 6
23	23	(3) "Money", any legal tender, note, draft, 7
24	24	certificate of deposit, stocks, bond or check; 8
25	25	(4) "Unmet needs", needs for which the division is not 9
26	26	required by law to provide financial support, such as: 10
27	27	(a) Tuition, tutoring, and training, including 11
28	28	application fees, books, equipment, and testing; 12
29	29	(b) Transportation to work, training, education, or to 13
30	30	maintain family connections; 14
31	31	(c) Housing expenses if the child is preparing to 15
32	32	leave the custody of the division for reasons relating to 16
33	33	the child's age; and 17 SB 170 2
34	34	(d) Technology, special clothing needs, instruments, 18
35	35	books, and other equipment relating to the child's hobbies 19
36	36	and interests; 20
37	37	(5) "Vested right", a legal right that is more than a 21
38	38	mere expectancy and may be reduced to a present monetary 22
39	39	value. 23
40	40	2. The child, the child's parents, any fiduciary or 24
41	41	any representative payee holding or receiving money that are 25
42	42	vested rights solely for or on behalf of a child are jointly 26
43	43	and severally liable for funds expended by the division to 27
44	44	or on behalf of the child. The liability of any person, 28
45	45	except a parent of the child, shall be limited to the money 29
46	46	received in his or her fiduciary or representative 30
47	47	capacity. The Missouri state government shall not require a 31
48	48	trustee or a financial institution acting as a trustee to 32
49	49	exercise any discretionary powers in the operation of a 33
50	50	trust. 34
51	51	3. (1) The division may accept an appointment to 35
52	52	serve as representative payee or fiduciary, or in a similar 36
53	53	capacity for payments to a child under any public or private 37
54	54	benefit arrangement. Money so received shall be governed by 38
55	55	this section to the extent that laws and regulations 39
56	56	governing payment of such benefits provide otherwise. 40
57	57	(2) In the case of benefits administered by the U.S. 41
58	58	Railroad Retirement Board, the Social Security 42
59	59	Administration, or the Veterans Administration, the division 43
60	60	shall determine whether the child is receiving or otherwise 44
61	61	eligible to receive such benefi ts within sixty days after 45
62	62	the child is placed in the division's custody. If the 46
63	63	division determines that the child is eligible or may be 47
64	64	eligible for the benefits, then the division shall apply for 48
65	65	the benefits on behalf of the child. If the child is 49 SB 170 3
66	66	already receiving the benefits before being placed in the 50
67	67	division's custody or if the division applies for the 51
68	68	benefits on behalf of the child, then the division shall 52
69	69	identify, in consultation with the child and the child's 53
70	70	legal representative, a representative payee in accordance 54
71	71	with 20 CFR 404.2021 and 20 CFR 416.621 and shall apply to 55
72	72	become the representative payee only if no other suitable 56
73	73	candidate is available. The division shall annually review 57
74	74	if someone other than the division is a vailable, if in the 58
75	75	best interests of the child, to apply to assume the role of 59
76	76	representative payee. 60
77	77	(3) The division shall annually review cases of 61
78	78	children in the division's custody to determine whether a 62
79	79	child may have become eligible for ben efits after the 63
80	80	division's initial assessment. 64
81	81	4. Any money received by the division on behalf of a 65
82	82	child shall be accounted for in the name of the child. Any 66
83	83	money in the account of a child [may] shall not be expended 67
84	84	by the division for care o r services for the child , 68
85	85	including, but not limited to, foster care maintenance 69
86	86	payments, as defined in 42 U.S.C. Section 675(4)(A), and any 70
87	87	special allowances or expenses established by the division 71
88	88	for the care of children in the division's custody for a 72
89	89	child of a similar age; provided, that the division may use 73
90	90	the benefits administered by the U.S. Railroad Retirement 74
91	91	Board, the Social Security Administration, or the Veterans 75
92	92	Administration for the child's unmet needs beyond what the 76
93	93	division is obligated, required, or agrees to pay . The 77
94	94	division shall by rule adopted under chapter 536 establish 78
95	95	procedures for the accounting of the money and the 79
96	96	protection of the money against theft, loss or 80
97	97	misappropriation. 81 SB 170 4
98	98	5. The division shall de posit money with a financial 82
99	99	institution. Any earnings attributable to the money in the 83
100	100	account of a child shall be credited to that child's 84
101	101	account. The division shall receive bids from banking 85
102	102	corporations, associations or trust companies which desi re 86
103	103	to be selected as depositories of children's moneys for the 87
104	104	division. The child's account shall be established in a 88
105	105	manner consistent with federal and state asset and resource 89
106	106	limits and may include a special -needs trust, a pooled 90
107	107	special-needs trust, an ABLE account, as defined in section 91
108	108	209.600, or any other trust account determined not to 92
109	109	interfere with asset limitations for any state or federal 93
110	110	benefit program for which the child may be eligible. 94
111	111	6. The division may accept funds which a parent, 95
112	112	guardian or other person wishes to provide for the use or 96
113	113	benefit of the child. The use and deposit of such funds 97
114	114	shall be governed by this section and any additional 98
115	115	directions given by the provider of the funds. 99
116	116	7. Each child for whose benefit funds have been 100
117	117	received by the division and the guardian ad litem of such 101
118	118	child shall be furnished annually with a statement listing 102
119	119	all transactions involving the funds which have been 103
120	120	deposited on the child's behalf, to include each rece ipt and 104
121	121	disbursement. 105
122	122	8. The division shall use all proper diligence to 106
123	123	dispose of the balance of money accumulated in the child's 107
124	124	account when the child is released from the care and custody 108
125	125	of the division or the child dies. When the child is 109
126	126	deceased the balance shall be disposed of as provided by law 110
127	127	for descent and distribution. If, after the division has 111
128	128	diligently used such methods and means as considered 112
129	129	reasonable to refund such funds, there shall remain any 113 SB 170 5
130	130	money, the owner of whi ch is unknown to the division, or if 114
131	131	known, cannot be located by the division, in each and every 115
132	132	such instance such money shall escheat and vest in the state 116
133	133	of Missouri, and the director and officials of the division 117
134	134	shall pay the same to the state d irector of the department 118
135	135	of revenue, taking a receipt therefor, who shall deposit the 119
136	136	money in the state treasury to be credited to a fund to be 120
137	137	designated as "escheat". 121
138	138	9. Within five years after money has been paid into 122
139	139	the state treasury, any person who appears and claims the 123
140	140	money may file a petition in the circuit court of Cole 124
141	141	County, Missouri, stating the nature of the claim and 125
142	142	praying that such money be paid to him. A copy of the 126
143	143	petition shall be served upon the director of the dep artment 127
144	144	of revenue who shall file an answer to the same. The court 128
145	145	shall proceed to examine the claim and the allegations and 129
146	146	proof, and if it finds that such person is entitled to any 130
147	147	money so paid into the state treasury, it shall order the 131
148	148	commissioner of administration to issue a warrant on the 132
149	149	state treasurer for the amount of such claim, but without 133
150	150	interest or costs. A certified copy of the order shall be 134
151	151	sufficient voucher for issuing a warrant; provided, that 135
152	152	either party may appeal from the decision of the court in 136
153	153	the same manner as provided by law in other civil actions. 137
154	154	10. All moneys paid into the state treasury under the 138
155	155	provisions of this section after remaining there unclaimed 139
156	156	for five years shall escheat and vest absolut ely in the 140
157	157	state and be credited to the state treasury, and all persons 141
158	158	shall be forever barred and precluded from setting up title 142
159	159	or claim to any such funds. 143
160	160	11. Nothing in this section shall be deemed to apply 144
161	161	to funds regularly due the state of Missouri for the support 145 SB 170 6
162	162	and maintenance of children in the care and custody of the 146
163	163	division or collected by the state of Missouri as 147
164	164	reimbursement for state funds expended on behalf of the 148
165	165	child. 149
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