8-468. Federal benefits; dependent children; application; prohibition; accounting; notice; annual review

A. For all children in the care of the department of child safety, the department shall determine whether each child is receiving or eligible for benefits administered by the social security administration or the veterans administration within sixty days after the child enters the department's care. If the department determines that a child is eligible or may be eligible for federal benefits, the department shall apply for the benefits on behalf of the child.

B. If a child is already receiving benefits before entering the department's care or if the department applies for benefits on behalf of the child, the department shall apply to serve as the representative payee until someone other than the department is appointed to serve as the representative payee. If the department is appointed to serve as the representative payee, the department:

1. May not use the child's federal benefits, other benefits, savings or assets to pay for or to reimburse the department or this state for any of the costs of the child's care.

2. May use the child's federal benefits for the child's unmet needs beyond what the department is obligated, is required or agrees to pay.

3. Shall establish an appropriate account to use and conserve the child's benefits in the child's best interest for current unmet needs and future needs in a manner consistent with federal and state asset and resource limits. The account may include any of the following:

(a) A special needs trust.

(b) A pooled special needs trust.

(c) An achieving a better life experience account established pursuant to section 529a of the internal revenue code.

(d) Any other trust account determined not to interfere with social security or asset limitations for any other benefit program.

4. In addition to the requirements prescribed in section 14-9115, shall provide an annual accounting as to the use, application or conservation of the child's federal benefits to the child, the child's attorney and the child's parents or guardians.

5. Following the initial application to serve as the representative payee, shall remain the representative payee only if no other appropriate person is available to serve as the representative payee. Within thirty days after the application to serve as the representative payee is approved by the social security administration and at each subsequent report and review hearing or permanency planning hearing, the department shall file with the court documentation of the department's efforts to identify an appropriate person who is outside of the department and who could better serve as the representative payee.

6. Not later than an annual screening or on the request of the child or the child's attorney, shall consult with the parties to the case to determine if an appropriate person who is outside of the department, and on approval by the social security administration, could better serve as the representative payee.  The department shall also consult with the parties whenever a change in circumstances occurs that might make an appropriate person who is outside of the department available to serve as the representative payee.

C. The department shall notify the child, the child's parents, unless parental rights have been terminated, the child's guardian, the child's current placement and the child's attorney of any application, decision or appeal related to a child's federal benefits. In providing notice of any denial of benefits, the department shall consult with the child's attorney and appeal the denial if it is in the child's best interests.

D. The department shall annually review cases of children in the department's care to determine whether a child may have become eligible for benefits after the department's initial assessment.

E. Notwithstanding any other law, on termination of the department's responsibility for the child, the department shall release any monies remaining to the child's credit pursuant to the requirements of the funding source or, in the absence of any requirements, shall release the remaining monies to:

1. The child, if the child is at least eighteen years of age or is emancipated.

2. The person who is responsible for the child if the child is a minor and is not emancipated.