1.This Act may be cited as the
Foster Children Self-Support
Act
.
2.Limitation on use
of social security or supplemental security income benefits paid to
representative payees on behalf of foster children for State costs
(a)
(1)Exception to
prohibition on assignments, etcSection 207 of the Social
Security Act (42 U.S.C. 407) is amended by adding at the end the
following:
(d)Subsection (a) of this section shall not
apply to a payment made by a representative payee to reimburse a State as
described in section 205(j)(9)(B)(i), but only to the extent that the payment
is—
(1)not prohibited by
section 205(j)(9)(B)(i); and
(2)made available,
distributed, and applied in accordance with section
205(j)(9)(B)(iii).
.
(2)Limitation on
use of social security benefitsSection 205(j)(9) of such Act (42
U.S.C. 405(j)(9)) is amended—
(A)by inserting
(A)
after (9)
; and
(B)by adding at the
end the following:
(B)(i)A State or local government agency serving
in any State as a representative payee under this subsection with respect an
individual who is in foster care under the responsibility of the State shall
not use any (or, if the individual has not attained 14 years of age, more than
50 percent of any) benefits paid to the representative payee pursuant to
paragraph (1) of this subsection to reimburse the State for—
(I)foster care maintenance payments made
pursuant to section 472, or
(II)other payments made by the State or
political subdivision of the State to cover any other cost or expense for an
individual who is in foster care under the responsibility of the State.
(ii)An expense described in paragraph
(4)(A)(i) of this subsection or section 1631(a)(2)(D) shall not be considered a
cost or expense for purposes of clause (i) of this subparagraph.
(iii)In any case in which the State or local
government agency referred to in clause (i) determines that any portion of such
individual’s benefit under this title which is held by such agency in
accordance with this subsection would be available under the provisions of this
subsection (other than this clause) to reimburse government costs in connection
with such foster care, any amount of such portion of such benefit shall be
available for such reimbursement only to the extent that such amount is made
available to supplement, and not to replace, any amounts otherwise available
from non-Federal sources to meet such government costs. Any amount of such
reimbursement shall not be distributed into the general funds of the agency or
the State or local government and may be applied only so as to increase funding
for foster care services provided by the State or local
government.
.
(b)
(1)Applicability of
title II exception to prohibition on assignments, etcSection
1631(d)(1) of such Act (42 U.S.C. 1383(d)(1)) is amended by inserting ,
except that section 207(d) shall be applied by substituting section
207
for this section
, by substituting subsection
(a)(2)(A)(iv)(II) of this section
for 205(j)(9)(B)(i)
each place it appears, and by substituting subsection (a)(2)(A)(iv)(IV)
of this section
for 205(j)(9)(B)(iii)
before the
period.
(2)Limitation on
use of SSI benefitsSection 1631(a)(2)(A)(iv) of such Act (42
U.S.C. 1383(a)(2)(A)(iv)) is amended—
(A)by inserting
(I)
after (iv)
;
(B)by adding
and
at the end; and
(C)by adding after
and below the end the following:
(II)A State or local government agency serving
in any State as a representative payee under this subsection with respect an
eligible individual who is in foster care under the responsibility of the State
shall not use any (or, if the individual has not attained 14 years of age, more
than 50 percent of any) benefits paid to the representative payee pursuant to
pursuant to clause (ii) of this subparagraph to reimburse the 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 any other cost or expense for an
individual who is in foster care under the responsibility of the State.
(III)An expense described in
subparagraph (D) of this paragraph or section 205(j)(4)(A)(i) shall not be
considered a cost or expense for purposes of subclause (II) of this
clause.
(IV)In any case in which the State or
local government agency referred to in subclause (II) determines that any
portion of such individual’s benefit under this title which is held by the
agency in accordance with this paragraph would be available under the
provisions of this paragraph (other than this subclause) to reimburse
government costs in connection with the foster care, any amount of the portion
of the benefit shall be available for such reimbursement only to the extent
that the amount is made available to supplement, and not to replace, any
amounts otherwise available from non-Federal sources to meet the government
costs. Any amount of the reimbursement shall not be distributed into the
general funds of the agency or the State or local government and may be applied
only so as to increase funding for foster care services provided by the State
or local
government.
.
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 (32);
(2)by striking the
period at the end of paragraph (33) and inserting ; and
;
and
(3)by adding at the
end the following:
(34)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 enactment 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), and after any material change in the circumstances of the child that
could affect the potential eligibility of the child for such benefits, 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;
(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; and
(C)develop and implement procedures to ensure
that any such child who is potentially eligible for, or is a recipient of,
benefits under title II or supplemental security income benefits under title
XVI, is assisted with applying for such benefits 90 days before the child exits
foster
care.
.
(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 and, if the individual has
attained 14 years of age, to the individual
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 and, if the individual has attained 14 years
of age, to the individual
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 (33);
(2)by striking the
period at the end of paragraph (34) and inserting ; and
;
and
(3)by adding at the
end the following:
(35)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, and for the placement of any such benefits in an
account of the type described in section 1631(a)(2)(F) of this Act, or an
account established by the State under section 477 of this Act.
(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) and 1631(a)(2)(A)(iv)(II).
(iii)The plan shall provide for a determination
of any additional assets to which the child may be entitled, including civil
judgments, inheritances, or earnings, and shall provide for the assets to be
conserved as described in clause (i) of this subparagraph.
(iv)Any funds conserved in accordance with the
plan shall be used to supplement and not supplant any other Federal funds or
programs that may be available for the benefit of the child.
(v)The plan shall provide that 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), and placed in the account
described in clause (i) of this subparagraph, until the later of the date the
child attains 18 years of age or ceases to be under the responsibility of the
State, at which time any assets subject to the plan shall be accessible to the
child to—
(I)secure and maintain stable housing;
(II)pursue educational opportunities,
including job training, vocational training, or obtain a professional
license;
(III)purchase a vehicle;
(IV)operate a business;
(V)pay for employment-related costs,
including the cost of uniforms, insurance, licenses, or complying with
licensing requirements;
(VI)pay for medical or health-related
expenses; or
(VII)pay for any expenses reasonably
expected to assist the child in becoming self-sufficient.
(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), respectively;
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)(35).
.
(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)(35).
.
(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)(35).
.
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
semicolon.
7.Technical
assistance for child welfare agencies
(a)On request of a State
agency responsible for administering, or supervising the administration of, a
State program authorized by part E of title IV of the Social Security Act, the
Secretary of Health and Human Services shall provide the State agency with
technical assistance in carrying out the amendments made by this Act.
(b)Limitations on
authorization of appropriationsTo carry out this section, there are
authorized to be appropriated $4,500,000 for fiscal year 2013, and such sums as
may be necessary for each of fiscal years 2014 through 2018.
8.
(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.