Texas 2025 - 89th Regular

Texas House Bill HB966 Compare Versions

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11 By: Toth H.B. No. 966
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66 A BILL TO BE ENTITLED
77 AN ACT
88 relating to notice regarding certain benefits for which a
99 representative payee or fiduciary has been appointed for a child in
1010 the conservatorship of the Department of Family and Protective
1111 Services.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Subchapter A, Chapter 264, Family Code, is
1414 amended by adding Section 264.0112 to read as follows:
1515 Sec. 264.0112. NOTICE REGARDING CERTAIN BENEFITS FOR WHICH
1616 DEPARTMENT HAS BEEN APPOINTED REPRESENTATIVE PAYEE OR FIDUCIARY FOR
1717 CHILD. (a) In this section, "legal representative" means the
1818 child's attorney, the child's attorney ad litem, or another
1919 individual appointed by a court to represent the legal interests of
2020 the child.
2121 (b) For a child in the department's conservatorship who
2222 receives or is eligible to receive benefits or services for which a
2323 representative payee or fiduciary is required, the department shall
2424 immediately provide notice to the child through the child's legal
2525 representative regarding:
2626 (1) any application for United States Department of
2727 Veterans Affairs benefits, Supplemental Security Income (SSI)
2828 benefits under 42 U.S.C. Section 1381 et seq., or Social Security
2929 Disability Insurance (SSDI) benefits under 42 U.S.C. Section 401 et
3030 seq. made on the child's behalf;
3131 (2) if the department serves as the representative
3232 payee or in any other fiduciary capacity for the child, any
3333 application to become representative payee for the child's United
3434 States Department of Veterans Affairs benefits, Supplemental
3535 Security Income (SSI) benefits under 42 U.S.C. Section 1381 et
3636 seq., or Social Security Disability Insurance (SSDI) benefits under
3737 42 U.S.C. Section 401 et seq.;
3838 (3) any decisions or communications from the United
3939 States Department of Veterans Affairs or the Social Security
4040 Administration regarding an application described by Subdivision
4141 (1); and
4242 (4) any appeal or other action requested by the
4343 department regarding an application for benefits described by
4444 Subdivision (1).
4545 (c) If the department serves as the representative payee or
4646 otherwise receives United States Department of Veterans Affairs
4747 benefits, Supplemental Security Income (SSI) benefits under 42
4848 U.S.C. Section 1381 et seq., or Social Security Disability
4949 Insurance (SSDI) benefits under 42 U.S.C. Section 401 et seq. on the
5050 child's behalf, the department shall provide the following
5151 information to the child through the child's legal representative
5252 before each placement review hearing:
5353 (1) the amount of benefit funds received on the child's
5454 behalf since the most recent notification to the child's legal
5555 representative and the date the benefits were received;
5656 (2) information regarding the child's assets and
5757 resources, including the child's benefits, insurance, cash assets,
5858 trust accounts, earnings, and other resources;
5959 (3) an accounting of the disbursement of benefit
6060 funds, including the date, amount, and identification of the payee;
6161 and
6262 (4) information regarding each request by the court
6363 appointed special advocate for the child, the child's legal
6464 representative, or the child's caregiver for disbursement of funds
6565 and a statement regarding the department's reason for not granting
6666 the request if the request was not granted.
6767 SECTION 2. This Act takes effect September 1, 2025.