NM
New Mexico Senate Bill SB283

New Mexico 2025 Regular Session

New Mexico Senate Bill SB283 Compare Versions

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1-SB 283
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28+SENATE BILL 283
29+57
30+TH LEGISLATURE
31+-
32+
33+STATE
34+
35+OF
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37+NEW
38+
39+MEXICO
40+
41+-
42+ FIRST SESSION
43+,
44+
45+2025
46+INTRODUCED BY
47+Heather Berghmans and Crystal Brantley and Katy M. Duhigg
48+and Nicole Tobiassen
2849 AN ACT
2950 RELATING TO CHILDREN; REQUIRING THE CHILDREN, YOUTH AND
3051 FAMILIES DEPARTMENT TO DETERMINE FEDERAL BENEFITS ELIGIBILITY
3152 FOR CHILDREN IN ITS CUSTODY, APPLY FOR FEDERAL BENEFITS AND
32-EITHER ACT AS THE CHILD'S REPRESENTATIVE PAYEE OR DETERMINE
33-AN APPROPRIATE ALTERNATIVE; SETTING FORTH THE DEPARTMENT'S
53+EITHER ACT AS THE CHILD'S REPRESENTATIVE PAYEE OR DETERMINE AN
54+APPROPRIATE ALTERNATIVE; SETTING FORTH THE DEPARTMENT'S
3455 OBLIGATIONS WHEN ACTING AS THE CHILD'S REPRESENTATIVE PAYEE;
3556 PROHIBITING THE USE OF FEDERAL BENEFITS TO PAY THE DEPARTMENT
3657 FOR THE CHILD'S CARE; REQUIRING THE DEPARTMENT TO PROVIDE
37-FINANCIAL LITERACY AND PLANNING TOOLS; SETTING FORTH
38-PROVISIONS FOR THE RELEASE OF FEDERAL BENEFITS PROVIDED TO
39-CHILDREN IN LEGAL CUSTODY OF THE STATE.
58+FINANCIAL LITERACY AND PLANNING TOOLS; SETTING FORTH PROVISIONS
59+FOR THE RELEASE OF FEDERAL BENEFITS PROVIDED TO CHILDREN IN
60+LEGAL CUSTODY OF THE STATE.
4061 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
4162 SECTION 1. A new section of the Children's Code is
4263 enacted to read:
43-"SHORT TITLE.--This act may be cited as the "Federal
44-Benefits for Children in State Custody Act"."
45-SECTION 2. A new section of the Children's Code is
46-enacted to read:
47-"DEFINITION.--As used in the Federal Benefits for
48-Children in State Custody Act, "Representative Payee" means a
49-person appointed by a federal agency to manage the benefits
50-the federal agency provides to a child."
51-SECTION 3. A new section of the Children's Code is SB 283
52-Page 2
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91+"[NEW MATERIAL] SHORT TITLE.--This act may be cited as the
92+"Federal Benefits for Children in State Custody Act"."
93+SECTION 2. A new section of the Children's Code is
7894 enacted to read:
79-"FEDERAL BENEFITS PROVIDED TO CHILDREN IN THE LEGAL
80-CUSTODY OF THE DEPARTMENT--ELIGIBILITY DETERMINATIONS.--
95+"[NEW MATERIAL] DEFINITION.--As used in the Federal
96+Benefits for Children in State Custody Act, "representative
97+payee" means a person appointed by a federal agency to manage
98+the benefits the federal agency provides to a child."
99+SECTION 3. A new section of the Children's Code is
100+enacted to read:
101+"[NEW MATERIAL] FEDERAL BENEFITS PROVIDED TO CHILDREN IN
102+THE LEGAL CUSTODY OF THE DEPARTMENT--ELIGIBILITY
103+DETERMINATIONS.--
81104 A. Within sixty days after a child enters the
82105 department's legal custody, and annually thereafter, the
83106 department shall determine whether the child is currently
84107 receiving or is eligible to receive federal benefits.
85108 B. If it is determined that a child in the legal
86109 custody of the department is already receiving federal
87110 benefits, the department shall:
88111 (1) in consultation with the child and the
89112 following individuals, identify the child's representative
90113 payee: the child's attorney; the child's custodian; the
91-child's guardian; the child's guardian ad litem; or the
92-child's Indian tribe, if the child is known to be an Indian
93-child; or
94-(2) apply to become the child's
95-representative payee; provided that no other candidate is
96-available.
97-C. If the department determines that a child is
98-eligible for benefits administered by the federal government,
99-the department shall apply:
100-(1) for those benefits on behalf of the
101-child; and
102-(2) to become the child's representative SB 283
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114+child's guardian; the child's guardian ad litem; or the child's
115+Indian tribe, if the child is known to be an Indian child; or
116+.229453.1
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129-payee if no other candidate is available."
144+(2) apply to become the child's representative
145+payee; provided that no other candidate is available.
146+C. If the department determines that a child is
147+eligible for benefits administered by the federal government,
148+the department shall apply:
149+(1) for those benefits on behalf of the child;
150+and
151+(2) to become the child's representative payee
152+if no other candidate is available."
130153 SECTION 4. A new section of the Children's Code is
131154 enacted to read:
132-"FEDERAL BENEFITS PROVIDED TO CHILDREN IN THE LEGAL
133-CUSTODY OF THE DEPARTMENT--OBLIGATIONS OF THE DEPARTMENT WHEN
134-ACTING AS THE REPRESENTATIVE PAYEE.--If the department
135-becomes the representative payee of a child in the legal
136-custody of the department, the department shall:
155+"[NEW MATERIAL] FEDERAL BENEFITS PROVIDED TO CHILDREN IN
156+THE LEGAL CUSTODY OF THE DEPARTMENT--OBLIGATIONS OF THE
157+DEPARTMENT WHEN ACTING AS THE REPRESENTATIVE PAYEE.--If the
158+department becomes the representative payee of a child in the
159+legal custody of the department, the department shall:
137160 A. establish an appropriate account to use and
138161 conserve the child's federal benefits, in the child's best
139-interest, for current unmet needs and future needs pursuant
140-to the requirements of the funding source and any applicable
141-asset and resource limits;
162+interest, for current unmet needs and future needs pursuant to
163+the requirements of the funding source and any applicable asset
164+and resource limits;
142165 B. annually determine whether a person, other than
143166 the department, is available to assume the role of
144167 representative payee and could better serve in that role, in
145168 the child's best interest;
146-C. notify the child and the following individuals
147-of any application, decision or appeal related to a child's
148-federal benefits: the child's attorney; the child's
149-custodian; the child's guardian; the child's guardian ad
150-litem; or the child's Indian tribe, if the child is known to
151-be an Indian child. In providing notice of any denial of
152-benefits, the department shall consult with the child's
153-attorney and appeal the denial if it is in the child's best SB 283
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180-interest;
197+C. notify the child and the following individuals
198+of any application, decision or appeal related to a child's
199+federal benefits: the child's attorney; the child's custodian;
200+the child's guardian; the child's guardian ad litem; or the
201+child's Indian tribe, if the child is known to be an Indian
202+child. In providing notice of any denial of benefits, the
203+department shall consult with the child's attorney and appeal
204+the denial if it is in the child's best interest;
181205 D. provide an annual accounting as to the use,
182-application or conservation of the child's federal benefits
183-to the child and the following individuals: the child's
184-attorney; the child's custodian; the child's guardian; the
185-child's guardian ad litem; or the child's Indian tribe, if
186-the child is known to be an Indian child;
206+application or conservation of the child's federal benefits to
207+the child and the following individuals: the child's attorney;
208+the child's custodian; the child's guardian; the child's
209+guardian ad litem; or the child's Indian tribe, if the child is
210+known to be an Indian child;
187211 E. avoid receiving overpayment of federal benefits
188212 and pay any discovered overpayment to the appropriate federal
189213 agency; and
190214 F. before the child leaves the custody of the
191215 department, provide the child with financial literacy and
192216 planning tools to assist the child in aligning conserved
193217 benefits with the child's transition plan."
194218 SECTION 5. A new section of the Children's Code is
195219 enacted to read:
196-"PROHIBITED USE OF FEDERAL BENEFITS.--If the department
197-is the child's representative payee, the department shall not
198-use a child's federal benefits to pay for or reimburse the
199-department for any of the costs of the child's care; however,
200-the department may use those benefits to pay for the child's
201-unmet needs beyond what the department is obligated or
202-required or has agreed to pay."
203-SECTION 6. A new section of the Children's Code is
204-enacted to read: SB 283
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220+"[NEW MATERIAL] PROHIBITED USE OF FEDERAL BENEFITS.--If
221+the department is the child's representative payee, the
222+.229453.1
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231-"RELEASE OF REMAINING FEDERAL BENEFIT FUNDS UPON
232-TERMINATION OF LEGAL CUSTODY.--If the department is the
250+department shall not use a child's federal benefits to pay for
251+or reimburse the department for any of the costs of the child's
252+care; however, the department may use those benefits to pay for
253+the child's unmet needs beyond what the department is obligated
254+or required or has agreed to pay."
255+SECTION 6. A new section of the Children's Code is
256+enacted to read:
257+"[NEW MATERIAL] RELEASE OF REMAINING FEDERAL BENEFIT FUNDS
258+UPON TERMINATION OF LEGAL CUSTODY.--If the department is the
233259 child's representative payee, upon termination of the
234260 department's legal custody of a child, the department shall
235261 release any remaining funds to the child's credit pursuant to
236-the requirements of the funding source. In the absence of
237-any requirements, the department shall release the funds to:
262+the requirements of the funding source. In the absence of any
263+requirements, the department shall release the funds to:
238264 A. the child, if the child is at least eighteen
239265 years old or emancipated; or
240-B. the child's parent or guardian, if the child
241-is younger than eighteen years old or not emancipated."
266+B. the child's parent or guardian, if the child is
267+younger than eighteen years old or not emancipated."
242268 SECTION 7. A new section of the Children's Code is
243269 enacted to read:
244- "REPORTING.--Beginning September 1, 2026 and annually
245-thereafter, the department shall submit a report to the
246-legislative health and human services committee that
270+ "[NEW MATERIAL] REPORTING.--Beginning September 1, 2026
271+and annually thereafter, the department shall submit a report
272+to the legislative health and human services committee that
247273 includes:
248274 A. the number of children in its custody who
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249303 receive federal benefits;
250304 B. the type of federal benefits;
251305 C. the manner in which those benefits are
252306 conserved; and
253307 D. the amounts of federal benefits used and
254308 conserved."
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