| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | HB1235 |
|---|
| 10 | 10 | | 001580 |
|---|
| 11 | 11 | | - 1 - |
|---|
| 12 | 12 | | |
|---|
| 13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 36 |
|---|
| 14 | 14 | | and Title 37, relative to children. |
|---|
| 15 | 15 | | |
|---|
| 16 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
|---|
| 17 | 17 | | SECTION 1. Tennessee Code Annotated, Section 37-1-172, is amended by adding the |
|---|
| 18 | 18 | | following as new subsections: |
|---|
| 19 | 19 | | (c) When the department serves as the representative payee on behalf of a child |
|---|
| 20 | 20 | | for any federal funds a child in the care of the department is eligible for or may receive, |
|---|
| 21 | 21 | | the department shall conserve those federal funds for the child's reasonable, |
|---|
| 22 | 22 | | foreseeable future needs or use the funds for special needs services not otherwise |
|---|
| 23 | 23 | | provided by the department. |
|---|
| 24 | 24 | | (d) The department may exercise discretion to conserve these federal funds in |
|---|
| 25 | 25 | | the best interest of the child by holding such moneys in a trust or apply for and establish |
|---|
| 26 | 26 | | an account for the child, including a Plan for Achieving Self-Support, a 529 or 529A plan, |
|---|
| 27 | 27 | | an individual development account, a special needs trust, or a bank account. |
|---|
| 28 | 28 | | (e) If it is in the best interest of the child, then the department may utilize the |
|---|
| 29 | 29 | | federal funds for special needs services that are not currently being provided by the |
|---|
| 30 | 30 | | department. |
|---|
| 31 | 31 | | (f) The department shall conserve and use the federal funds in a manner that |
|---|
| 32 | 32 | | does not violate any federal asset or resource limits that would affect the child's eligibility |
|---|
| 33 | 33 | | for benefits or assistance offered by the federal, state, or local government. |
|---|
| 34 | 34 | | (g) The department shall maintain records related to the conservation and use of |
|---|
| 35 | 35 | | these federal funds, and the records must be maintained in the child's file that is |
|---|
| 36 | 36 | | |
|---|
| 37 | 37 | | |
|---|
| 38 | 38 | | - 2 - 001580 |
|---|
| 39 | 39 | | |
|---|
| 40 | 40 | | available to the child's attorney, to the child once the child is eighteen (18) years of age, |
|---|
| 41 | 41 | | and to the child's guardian if the child is no longer in the department's custody. |
|---|
| 42 | 42 | | (h) The department may use a reasonable portion of interest earnings from the |
|---|
| 43 | 43 | | federal funds to offset the reasonable expenses incurred in meeting the department's |
|---|
| 44 | 44 | | obligations to apply for and administer benefits pursuant to this section. Notwithstanding |
|---|
| 45 | 45 | | subsection (e), the federal funds must not be used to reimburse the department for the |
|---|
| 46 | 46 | | costs of caring for the child. |
|---|
| 47 | 47 | | SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it. |
|---|