Nebraska Legislature Bill LB275 Comm Sub / Analysis

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One Hundred Ninth Legislature - First Session - 2025
Introducer€s Statement of Intent
LB275
Chairperson: Senator Brian Hardin
Committee: Health and Human Services
Date of Hearing: March 12, 2025
The following constitutes the reasons for this bill and the purposes which are sought to be
accomplished thereby:
DHHS is currently intercepting the Social Security benefits belonging to children in foster
care and using those funds to offset the costs of the youths care.€ These youth are
eligible for Social Security benefits as a result of a disability or a deceased parent.€€In
LB 1173 (2022), the legislature passed requirements that the Department maintain accounting
records and notify the child, their guardian ad litem, and the juvenile courts about the
Departments receipt, use, and conservation of the childs Social Security benefits. LB 275
would build upon that progress and bring Nebraska in line with federal law to provide further
accountability, transparency, and conservation of a portion of the funds in a trust account for
the youths own use when they exit state care.  In summary, it would:
‚ Strengthen Department communication with youth and their guardian ad litem about
Social Security eligibility screening, its application to serve as the childs representative
payee, any benefit determinations, and their right to appeal or request a different
representative payee;
‚ Require the Department to hold the youths benefit funds in a trust account separate from
the Departments funds, and provide that the youth may request access to the funds for
personal use or that funds be used or conserved in a specified manner;€
‚ Improve access to more detailed accounting information about the funds for the youth,
courts, guardians, and youths attorneys;
‚ Require that funds are used in the childs best interest, only when other funding is not
available, and are conserved for the childs reasonably forseeable future needs;
‚ Require the Department to conserve a minimum amount of funds, beginning at 40%
when the child is age 14, increasing at a sliding scale percentage as the child grows
older; and
‚ Ensure the child is informed about the process to receive and manage their Social
Security benefits as they prepare to exit state care.€
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Principal Introducer:________________________________
Senator Megan Hunt
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