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Section A. Section 210.560, RSMo, is repealed and one new 1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