SECTIONS 13750-13757 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 13750-13757

13750. This chapter shall be known, and may be cited, as the Foster
Care Social Security and Supplemental Security Income Assistance
Program.

13752. The State Department of Social Services shall convene a
workgroup comprised of the County Welfare Directors Association,
county welfare directors, child advocacy organizations, current and
former foster youth and other relevant stakeholders, as determined by
the department, to develop best practice guidelines for county
welfare departments to assist children residing in the state's or a
county's custody who are eligible for benefits under Title II of the
federal Social Security Act, pursuant to Section 402 et seq. of Title
42 of the United States Code (social security benefits) and Title
XVI of the Social Security Act, pursuant to Section 1381 of Title 42
of the United States Code (supplemental security income benefits) in
receiving all federal benefits for which they are eligible. The
guidelines shall be established by December 31, 2006, and shall
include, but not be limited to, establishing procedures for all of
the following:
(a) Determining the time and manner for conducting disability
screenings for children in the custody of the county who may be
eligible for social security or Supplemental Security Income/State
Supplementary Payment (SSI/SSP) benefits.
(b) Assisting in the application process for social security and
SSI/SSP benefits for each child who, pursuant to the disability
screening, is likely to be determined eligible for benefits.
(c) Requesting reconsideration and appealing adverse decisions
where appropriate.
(d) Informing parents and caretakers, at the time the child leaves
foster care, of potential eligibility for social security or SSI/SSP
benefits for any child not receiving benefits but who may be
eligible upon application for those benefits.
(e) Maximizing the amount of federal benefits received for the
current maintenance of children in the county's custody.
(f) Informing foster youth of their rights and responsibilities
for the continued receipt of SSI benefits, the sources of assistance
that may be available for resolving problems youth may have with the
receipt of SSI benefits, and the process for transferring accumulated
SSI benefits.

13753. When a foster youth who is receiving SSI payments is
approaching his or her 18th birthday, the county shall do all of the
following:
(a) Provide information to the youth regarding the federal
requirement that the youth establish continuing disability as an
adult, if necessary, in order for SSI benefits to continue beyond his
or her 18th birthday.
(b) Provide information to the youth regarding the process for
becoming his or her own payee, or designating an appropriate
representative payee if benefits continue beyond his or her 18th
birthday, and regarding any SSI benefits that have accumulated on his
or her behalf.
(c) Assist the youth, as appropriate, in fulfilling the
requirements of subdivisions (a) and (b).

13754. (a) It is the intent of the Legislature that nothing in this
section shall be interpreted to preclude a nonminor dependent from
accessing the same benefits, services, and supports, and exercise the
same choices available to all nonminor dependents. It is further the
intent of the Legislature that nonminor dependents who receive
federal Supplemental Security Income benefits can serve as their own
payee, if it is determined that the nonminor dependent satisfies the
criteria established by the Social Security Administration, and
should be assisted in receiving direct payment by the county child
welfare department. It is further the intent of the Legislature that
individuals who have had their eligibility for federal Supplemental
Security Income benefits established pursuant to Section 13757 be
able to maintain that eligibility even when they remain in the state'
s care as a nonminor dependent. In order to facilitate this, it is
the intent of the Legislature that the county child welfare agency
ensure that the youth receives an SSI payment during at least one
month of each 12-month period while the youth is a nonminor
dependent. It is further the intent of the Legislature that the
county child welfare agency may supplement the SSI payment that a
youth receives during this one-month period with state-only AFDC-FC
or state-only Kin-GAP benefits.
(b) (1) The county shall apply to be appointed representative
payee on behalf of a child beneficiary in its custody when no other
appropriate party is available to serve.
(2) When a child beneficiary reaches 18 years of age and elects to
remain in the custody of the county as a nonminor dependent, the
county shall provide information to the youth regarding the process
for becoming his or her own payee and shall assist the youth in
becoming his or her own payee pursuant to Section 13753, unless
becoming his or her own payee is contrary to the best interests of
the youth. In the event that a youth is unable to serve as his or her
payee after attaining 18 years of age, the county shall assist the
youth in finding and designating an appropriate representative payee.
(c) In its capacity as representative payee, the county shall do
all of the following:
(1) Establish a no-cost, interest-bearing maintenance account for
each child in the department's custody for whom the department serves
as representative payee. Interest earned shall be credited to the
account. The county shall keep an itemized current account, in the
manner required by federal law, of all income and expense items for
each child's maintenance account.
(2) Establish procedures for disbursing money from the accounts,
including disbursing the net balance to the beneficiary upon release
from care. The county shall use social security and SSI/SSP benefits
only for the following purposes:
(A) For the use and benefit of the child.
(B) For purposes determined by the county to be in the child's
best interest.
(3) Establish and maintain a dedicated account in a financial
institution for past-due monthly benefits that exceed six times the
maximum monthly benefit payable, in accordance with federal law. The
representative payee may deposit into the account established under
this section any other funds representing past due benefits to the
eligible individual, provided that the amount of the past due
benefits is equal to or exceeds the maximum monthly benefit payable.
Funds from the dedicated account shall not be used for basic
maintenance costs. The use of funds from the dedicated account must
be for the benefit of the child and are limited to expenditures for
the following purposes:
(A) Medical treatment.
(B) Education or job skills training.
(C) Personal needs assistance.
(D) Special equipment.
(E) Housing modification.
(F) Therapy or rehabilitation.
(G) Other items or services, deemed appropriate by the Social
Security Administration.

13756. The workgroup convened pursuant to Section 13752 shall also
make recommendations, by December 31, 2006, regarding the feasibility
and cost-effectiveness of reserving an amount, not to exceed the
federal SSI resource limit, of foster children's social security and
SSI/SSP benefits in lieu of reimbursing the county and the state for
care and maintenance. In making its recommendations, the workgroup
shall consider that the reserved benefits are for the purpose of
assisting the child in his or her transition to self-sufficient
living upon leaving foster care in a manner consistent with federal
law.

13757. (a) (1) Subject to paragraph (2), every youth who is in
foster care and nearing emancipation shall be screened by the county
for potential eligibility for the federal Supplemental Security
Income (SSI) program utilizing the best practice guidelines developed
pursuant to Section 13752.
(2) The screening required in paragraph (1) shall only occur when
the foster youth is at least 16 years and six months of age and not
older than 17 years and six months of age. An application shall be
submitted to the federal Social Security Administration on behalf of
a youth who is screened as being likely to be eligible for federal
Supplemental Security Income benefits. To the extent possible, the
application shall be timed to allow for a determination of
eligibility by the Social Security Administration prior to the youth'
s emancipation from care including, if appropriate, the suspension of
Supplemental Security Income benefits for no more than 12 months.
(b) In carrying out the requirements of subdivision (a) for a
youth receiving federally funded AFDC-FC benefits, the county shall,
if necessary, forego federally funded AFDC-FC and instead use state
AFDC-FC resources to fund the placement in the month of application
or in the month after making an application, and to subsequently
reclaim federally funded AFDC-FC, in order to ensure that the youth
meets all of the SSI eligibility requirements in a single month while
the application is pending, as provided by federal law and
regulation. Notwithstanding subdivision (a) of Section 11402, this
section shall apply to a foster youth regardless of his or her
federal AFDC-FC eligibility.
(c) Prior to the implementation of subdivision (b), the State
Department of Social Services shall obtain clarification from the
Social Security Administration and the United States Department of
Health and Human Services by January 1, 2008, that the funding
mechanism described in subdivision (b) is consistent with federal law
and regulation.
(d) When a nonminor dependent has been approved for SSI payments
pursuant to this section but is receiving an AFDC-FC or Kin-GAP
benefit that includes federal financial participation in an amount
that exceeds the SSI payment, causing the SSI payment to be placed in
suspense, the county child welfare agency, during at least one month
of every 12-month period, beginning with the date that the SSI
benefit is placed in suspense, shall forego the federally funded
AFDC-FC or Kin-GAP benefits and instead shall use state AFDC-FC or
Kin-GAP resources to supplement the SSI benefit that the youth
receives during that month. The county shall inform the Social
Security Administration that the youth is not receiving any federal
financial participation during that month in order to permit the
nonminor dependent to receive an SSI benefit during a single month of
every 12-month period. The county shall subsequently reclaim the
federally funded AFDC-FC benefit or Kin-GAP benefit in the following
month.