1 | 1 | | By: Toth H.B. No. 966 |
---|
2 | 2 | | |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | |
---|
6 | 6 | | A BILL TO BE ENTITLED |
---|
7 | 7 | | AN ACT |
---|
8 | 8 | | relating to notice regarding certain benefits for which a |
---|
9 | 9 | | representative payee or fiduciary has been appointed for a child in |
---|
10 | 10 | | the conservatorship of the Department of Family and Protective |
---|
11 | 11 | | Services. |
---|
12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
13 | 13 | | SECTION 1. Subchapter A, Chapter 264, Family Code, is |
---|
14 | 14 | | amended by adding Section 264.0112 to read as follows: |
---|
15 | 15 | | Sec. 264.0112. NOTICE REGARDING CERTAIN BENEFITS FOR WHICH |
---|
16 | 16 | | DEPARTMENT HAS BEEN APPOINTED REPRESENTATIVE PAYEE OR FIDUCIARY FOR |
---|
17 | 17 | | CHILD. (a) In this section, "legal representative" means the |
---|
18 | 18 | | child's attorney, the child's attorney ad litem, or another |
---|
19 | 19 | | individual appointed by a court to represent the legal interests of |
---|
20 | 20 | | the child. |
---|
21 | 21 | | (b) For a child in the department's conservatorship who |
---|
22 | 22 | | receives or is eligible to receive benefits or services for which a |
---|
23 | 23 | | representative payee or fiduciary is required, the department shall |
---|
24 | 24 | | immediately provide notice to the child through the child's legal |
---|
25 | 25 | | representative regarding: |
---|
26 | 26 | | (1) any application for United States Department of |
---|
27 | 27 | | Veterans Affairs benefits, Supplemental Security Income (SSI) |
---|
28 | 28 | | benefits under 42 U.S.C. Section 1381 et seq., or Social Security |
---|
29 | 29 | | Disability Insurance (SSDI) benefits under 42 U.S.C. Section 401 et |
---|
30 | 30 | | seq. made on the child's behalf; |
---|
31 | 31 | | (2) if the department serves as the representative |
---|
32 | 32 | | payee or in any other fiduciary capacity for the child, any |
---|
33 | 33 | | application to become representative payee for the child's United |
---|
34 | 34 | | States Department of Veterans Affairs benefits, Supplemental |
---|
35 | 35 | | Security Income (SSI) benefits under 42 U.S.C. Section 1381 et |
---|
36 | 36 | | seq., or Social Security Disability Insurance (SSDI) benefits under |
---|
37 | 37 | | 42 U.S.C. Section 401 et seq.; |
---|
38 | 38 | | (3) any decisions or communications from the United |
---|
39 | 39 | | States Department of Veterans Affairs or the Social Security |
---|
40 | 40 | | Administration regarding an application described by Subdivision |
---|
41 | 41 | | (1); and |
---|
42 | 42 | | (4) any appeal or other action requested by the |
---|
43 | 43 | | department regarding an application for benefits described by |
---|
44 | 44 | | Subdivision (1). |
---|
45 | 45 | | (c) If the department serves as the representative payee or |
---|
46 | 46 | | otherwise receives United States Department of Veterans Affairs |
---|
47 | 47 | | benefits, Supplemental Security Income (SSI) benefits under 42 |
---|
48 | 48 | | U.S.C. Section 1381 et seq., or Social Security Disability |
---|
49 | 49 | | Insurance (SSDI) benefits under 42 U.S.C. Section 401 et seq. on the |
---|
50 | 50 | | child's behalf, the department shall provide the following |
---|
51 | 51 | | information to the child through the child's legal representative |
---|
52 | 52 | | before each placement review hearing: |
---|
53 | 53 | | (1) the amount of benefit funds received on the child's |
---|
54 | 54 | | behalf since the most recent notification to the child's legal |
---|
55 | 55 | | representative and the date the benefits were received; |
---|
56 | 56 | | (2) information regarding the child's assets and |
---|
57 | 57 | | resources, including the child's benefits, insurance, cash assets, |
---|
58 | 58 | | trust accounts, earnings, and other resources; |
---|
59 | 59 | | (3) an accounting of the disbursement of benefit |
---|
60 | 60 | | funds, including the date, amount, and identification of the payee; |
---|
61 | 61 | | and |
---|
62 | 62 | | (4) information regarding each request by the court |
---|
63 | 63 | | appointed special advocate for the child, the child's legal |
---|
64 | 64 | | representative, or the child's caregiver for disbursement of funds |
---|
65 | 65 | | and a statement regarding the department's reason for not granting |
---|
66 | 66 | | the request if the request was not granted. |
---|
67 | 67 | | SECTION 2. This Act takes effect September 1, 2025. |
---|