110 HR 1104 IH: To ensure that foster children are able to use their
U.S. House of Representatives
2007-02-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the Foster
Children Self-Support Act
.
2.Ban on use of
social security or supplemental security income benefits paid to representative
payees on behalf of foster children for State costs
(a)Section 205(j)(9) of the Social Security Act (42 U.S.C.
405(j)(9)) is amended—
(1)by inserting
(A)
after (9)
; and
(2)by adding at the
end the following:
(B)(i)A representative payee
shall not use any benefits paid to the representative payee pursuant to
paragraph (1) to reimburse a State for—
(I)foster care maintenance payments made
pursuant to section 472, or
(II)other payments made by a State or
political subdivision of a State to cover maintenance expenses for an
individual who is in foster care under the responsibility of the State.
(ii)A fee charged in accordance with
paragraph (4)(A)(i) or section 1631(a)(2)(D) shall not be considered a
maintenance expense for purposes of clause (i) of this subparagraph.
.
(b)Section 1631(a)(2)(A)(iv) of such Act (42 U.S.C.
1383(a)(2)(A)(iv)) is amended—
(1)by
inserting (I)
after (iv)
;
(2)by adding
and
at the end; and
(3)by
adding after and below the end the following:
(II)A representative payee of an individual or
eligible spouse shall not use any benefits paid to the representative payee
pursuant to clause (ii) of this subparagraph to reimburse a State for—
- (aa)foster care maintenance payments made
pursuant to section 472; or
- (bb)other payments made by a State or
political subdivision of a State to cover maintenance expenses for an
individual who is in foster care under the responsibility of the State.
(III)A fee charged in accordance with
subparagraph (D) of this paragraph or section 205(j)(4)(A)(i) shall not be
considered a maintenance expense for purposes of subclause (II) of this
clause.
.
3.Screening of
foster children for eligibility for social security and supplemental security
income benefits
(a)Section 471(a) of the Social Security Act (42 U.S.C.
671(a)) is amended—
(1)by striking
and
at the end of paragraph (26);
(2)by
striking the period at the end of paragraph (27) and inserting ;
and
; and
(3)by adding at the
end the following:
(28)provides that, not later than the beginning
of the 1st calendar quarter that begins after the 3-year period that begins
with the date of the encatment of this paragraph, the State agency referred to
in paragraph (2) of this subsection shall—
(A)develop and
implement procedures to ensure that, within 60 days after the status of a child
who is in foster care under the responsibility of the State is first reviewed
pursuant to section 475(5)(B), the child is screened to determine the potential
eligibility of the child for benefits under title II and for supplemental
security income benefits under title XVI; and
(B)if the screening
results in a determination that the child is potentially eligible for any of
such benefits—
(i)provide the child
with assistance in applying for, and (if necessary) appealing any decisions
made with respect to, the benefits; and
(ii)if there is no
other suitable candidate available, apply to become the representative payee
for the child with respect to the
benefits.
.
(b)
(1)Within 6 years after the date of the enactment of this
Act, the Comptroller General of the United States shall conduct a study to
determine whether the States have substantially complied with the amendments
made by this section, including specifically whether the States have—
(A)established successful procedures that
screen all foster children under the responsibility of the States for their
potential eligibility for benefits under title II of the Social Security Act
and for supplemental security income benefits under title XVI of such
Act;
(B)provided all such potentially eligible
foster children assistance in applying for, and appealing decisions made with
respect to, the benefits; and
(C)implemented procedures to identify suitable
nongovernmental candidates to serve as representative payees for children in
foster care with respect to the benefits.
(2)Within 1 year after completing the study required by
paragraph (1), the Comptroller General shall submit to the Congress a written
report that contains the results of the study.
4.Notice to
attorney or guardian ad litem for foster child of determination to pay social
security or supplemental security income benefits to representative
payee
(a)Section 205(j)(2)(E)(ii) of the Social Security Act (42
U.S.C. 405(j)(2)(E)(ii)) is amended by inserting , except that, in the
case of an individual who is in foster care under the responsibility of a
State, such notice shall also be provided to the attorney or guardian ad litem
appointed to represent the individual pursuant to section 106(b)(2)(A)(xiii) of
the Child Abuse Prevention and Treatment Act
before the period.
(b)Section 1631(a)(2)(B)(xii) of such Act (42 U.S.C.
1383(a)(2)(B)(xii) is amended by inserting , except that, in the case of
an individual who is in foster care under the responsibility of a State, such
notice shall also be provided to the attorney or guardian ad litem appointed to
represent the individual pursuant to section 106(b)(2)(A)(xiii) of the Child
Abuse Prevention and Treatment Act
before the period.
5.Management of
social security and supplemental security income benefits for foster
children
(a)Plan for
achieving self-supportSection 471(a) of the Social Security Act
(42 U.S.C. 671(a)), as amended by section 3(a) of this Act, is amended—
(1)by striking
and
at the end of paragraph (27);
(2)by striking the
period at the end of paragraph (28) and inserting ; and
;
and
(3)by adding at the
end the following:
(29)provides that, with respect to each child
in foster care under the responsibility of the State who is a recipient of
benefits under title II or supplemental security income benefits under title
XVI, the State agency shall develop a plan, developed specifically for the
child, which is designed to best meet the current and future needs of the
individual and enable the child to achieve self-support after leaving foster
care, in accordance with the following:
(A)(i)The plan shall set forth
a strategy to conserve benefits not necessary for the immediate needs of the
child, determined as provided for pursuant to clause (ii) of this subparagraph,
in a manner that best meets the future needs and educational and employment
interests of the child.
(ii)The plan shall provide for a determination
as to whether the child has immediate needs for which the benefits should be
used consistent with sections 205(j)(10)(B) and1631(a)(2)(A)(iv)(II).
(iii)The plan shall provide that, if the child
ceases to be under the responsibility of the State, any assets set aside under
the plan shall be conserved and inaccessible to the child, except for a use of
funds described in item (aa) through (gg) of section 1631(a)(2)(F)(ii)(II) of
this Act, or for another use approved by the Secretary as being in the best
interests of the child, until the child attains 18 years of age at which time
any assets subject to the plan shall be distributed to the child.
(B)The State agency shall—
(i)develop and
implement the plan in collaboration with the child (on an age-appropriate
basis), the social worker for the child, the person acting as the
representative payee for the child pursuant to section 205(j) or 1631(a)(2) of
this Act, and the attorney or guardian ad litem appointed to represent the
child pursuant to section 106(b)(2)(A)(xiii) of the Child Abuse Prevention and
Treatment Act; and
(ii)in
developing and implementing the plan, make reasonable efforts to seek input
from the parents and caretakers of the child.
(C)(i)Within 60 days after the
status of the child is first reviewed pursuant to section 475(5)(B), the State
agency shall complete the plan.
(ii)The State agency shall ensure that
each subsequent such review of such status shall include consideration of an
updated version of the plan and a report on the progress made in implementing
the plan.
(D)(i)Not later than 30 days
before the status of the child is first reviewed pursuant to section 475(5)(B)
of this Act after completion of the plan, the State agency shall provide a copy
of the plan to the attorney or guardian ad litem appointed to represent the
child pursuant to section 106(b)(2)(A)(xiii) of the Child Abuse Prevention and
Treatment Act.
(ii)Not later than 30 days before each
subsequent such review, the State agency shall provide an updated copy of the
plan to the attorney or guardian ad litem so appointed.
(E)(i)The child may request the plan to be
modified in a review of the status of the child pursuant to section 475(5)(B),
in a separate hearing, or in a permanency hearing pursuant to section
475(5)(C).
(ii)The plan shall not be treated, in
any administrative or judicial review proceeding, as meeting the requirements
of this paragraph with respect to a child unless the plan is determined by the
reviewer to be the best available means of meeting the current and future needs
and educational and employment interests of the
child.
.
(b)Provisions
relating to representative payees
(1)Section 205(j) of such Act (42 U.S.C. 405(j)) (as
amended by the preceding provisions of this Act) is amended further—
(A)by redesignating
paragraphs (8), (9), and (10) as paragraphs (9), (10), and (11), repectively;
and
(B)by inserting after
paragraph (7) the following new paragraph:
(8)A representative payee shall manage the
benefits paid to the representative payee under paragraph (1) on behalf of an
individual who is in foster care under the responsibility of a State, in
accordance with the plan developed for the child pursuant to section
471(a)(26).
.
(2)Section 1631(a)(2) of such Act (42 U.S.C. 1383(a)(2))
is amended by adding at the end the following:
(J)A representative payee shall manage
the benefits paid to the representative payee under subparagraph (A)(ii) of
this paragraph on behalf of an individual who is in foster care under the
responsibility of a State, in accordance with the plan developed for the child
pursuant to section
471(a)(26).
.
(c)Exclusion from
resources under the SSI programSection 1613(a) of such Act (42
U.S.C. 1382b(a)) is amended—
(1)by striking
and
at the end of paragraph (14);
(2)by striking the
period at the end of paragraph (15) and inserting ; and
;
and
(3)by inserting after
paragraph (15) the following:
(16)any assets managed on behalf of an eligible
individual in accordance with a plan developed for the individual pursuant to
section
471(a)(26).
.
6.Support and
maintenance furnished in cash or in kind disregarded in determining income of
foster children under the supplemental security income programSection 1612(a)(2)(A) of the Social Security
Act (42 U.S.C. 1382a(a)(2)(A)) is amended—
(1)by striking
and
at the end of clause (ii); and
(2)by inserting
, and (iv) clause (i) shall not apply in the case of a child who is in
foster care under the responsibility of a State
before the last
seimcolon.
7.
(a)Except as provided in
subsection (b) of this section, the amendments made by this Act (other than by
section 3(a)) shall apply to benefits payable for months beginning after the
date of the enactment of this Act.
(b)State plan
requirements relating to plans for achieving self-support
(1)The amendments made by section 5(a) of this Act shall
take effect on the 1st day of the 1st calendar quarter beginning after the date
of the enactment of this Act, and shall apply to payments under part E of title
IV of the Social Security Act for calendar quarters beginning after such 1st
day.
(2)Delay permitted
if State legislation requiredIf the Secretary of Health and
Human Services determines that State legislation (other than legislation
appropriating funds) is required in order for a State plan approved under part
E of title IV of the Social Security
Act to meet the additional requirements imposed by the amendments
made by section 5(a) of this Act, the plan shall not be regarded as failing to
meet any of the additional requirements before the 1st day of the 1st calendar
quarter beginning after the first regular session of the State legislature that
begins after the date of the enactment of this Act. If the State has a 2-year
legislative session, each year of the session is deemed to be a separate
regular session of the State legislature.