By: Toth H.B. No. 966
A BILL TO BE ENTITLED
AN ACT
relating to notice regarding certain benefits for which a
representative payee or fiduciary has been appointed 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. This Act takes effect September 1, 2025.