By: Guillen, Toth, RodrÃguez Ramos, H.B. No. 215
Morales of Harris, et al.
A BILL TO BE ENTITLED
AN ACT
relating to the payment of support rights and other benefits for a
child in the conservatorship of the Department of Family and
Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 264, Family Code, is
amended by adding Section 264.0112 to read as follows:
Sec. 264.0112. NOTICE REGARDING CERTAIN BENEFITS FOR WHICH
DEPARTMENT HAS BEEN APPOINTED REPRESENTATIVE PAYEE OR FIDUCIARY FOR
CHILD. (a) In this section, "legal representative" means the
child's attorney, the child's attorney ad litem, or another
individual appointed by a court to represent the legal interests of
the child.
(b) For a child in the department's conservatorship who
receives or is eligible to receive benefits or services for which a
representative payee or fiduciary is required, the department shall
immediately provide notice to the child through the child's legal
representative regarding:
(1) any application for United States Department of
Veterans Affairs benefits, Supplemental Security Income (SSI)
benefits under 42 U.S.C. Section 1381 et seq., or Social Security
Disability Insurance (SSDI) benefits under 42 U.S.C. Section 401 et
seq. made on the child's behalf;
(2) if the department serves as the representative
payee or in any other fiduciary capacity for the child, any
application to become representative payee for the child's United
States Department of Veterans Affairs benefits, Supplemental
Security Income (SSI) benefits under 42 U.S.C. Section 1381 et
seq., or Social Security Disability Insurance (SSDI) benefits under
42 U.S.C. Section 401 et seq.;
(3) any decisions or communications from the United
States Department of Veterans Affairs or the Social Security
Administration regarding an application described by Subdivision
(1); and
(4) any appeal or other action requested by the
department regarding an application for benefits described by
Subdivision (1).
(c) If the department serves as the representative payee or
otherwise receives United States Department of Veterans Affairs
benefits, Supplemental Security Income (SSI) benefits under 42
U.S.C. Section 1381 et seq., or Social Security Disability
Insurance (SSDI) benefits under 42 U.S.C. Section 401 et seq. on the
child's behalf, the department shall provide the following
information to the child through the child's legal representative
before each placement review hearing:
(1) the amount of benefit funds received on the child's
behalf since the most recent notification to the child's legal
representative and the date the benefits were received;
(2) information regarding the child's assets and
resources, including the child's benefits, insurance, cash assets,
trust accounts, earnings, and other resources;
(3) an accounting of the disbursement of benefit
funds, including the date, amount, and identification of the payee;
and
(4) information regarding each request by the court
appointed special advocate for the child, the child's legal
representative, or the child's caregiver for disbursement of funds
and a statement regarding the department's reason for not granting
the request if the request was not granted.
SECTION 2. Section 264.109(a), Family Code, is amended to
read as follows:
(a) Except as provided by Section 264.763, the [The]
placement of a child in substitute care by the department
constitutes an assignment to the state of any support rights
attributable to the child as of the date the child is placed in
substitute care.
SECTION 3. Subchapter I, Chapter 264, Family Code, is
amended by adding Section 264.763 to read as follows:
Sec. 264.763. PAYMENT OF CHILD'S SUPPORT RIGHTS AND
BENEFITS. A relative or other designated caregiver is eligible to
receive support and benefits, including monthly benefits, on behalf
of a child placed with the person by the department. The department
shall pass through to the relative or other designated caregiver:
(1) any support rights attributable to the child; and
(2) payments to which the child is entitled or that are
paid for the benefit of the child, including Supplemental Security
Income (SSI) benefits under 42 U.S.C. Section 1381 et seq.
SECTION 4. This Act takes effect September 1, 2025.