Requires commissioners of local social services districts to screen, apply for, and use and conserve retirement, survivors and disability insurance, supplemental security income, veterans' or any other federal social security benefits on behalf of children placed in foster care; provides for responsibilities of local commissioners of social services appointed to serve as the representative payee for a child; provides for technical assistance and financial literacy for foster children; makes related provisions.
STATE OF NEW YORK
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8036
2025-2026 Regular Sessions
IN ASSEMBLY
April 22, 2025
___________
Introduced by M. of A. HEVESI -- read once and referred to the Committee
on Social Services
AN ACT to amend the social services law, in relation to requiring
commissioners of local social services districts to screen, apply for,
and use and conserve retirement, survivors and disability insurance,
supplemental security income, veterans' and other federal social secu-
rity benefits on behalf of children placed in foster care
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 6 of section 398 of the social services law is
2 amended by adding three new paragraphs (q), (r) and (s) to read as
3 follows:
4 (q) For all children in foster care, a commissioner shall: (i) Screen
5 for potential eligibility for retirement, survivors and disability
6 insurance, supplemental security income, veterans', or any other federal
7 social security benefits and apply for such benefits on behalf of any
8 child determined to be potentially eligible within sixty days of such
9 child entering foster care.
10 (ii) Rescreen all children in foster care annually for eligibility for
11 all federal benefits, and within thirty days of receipt of any new
12 information tending to indicate that a child may be eligible for bene-
13 fits and apply for such benefits on behalf of any such child within
14 sixty days of the determination of such potential eligibility.
15 (iii) Provide notice to a child, such child's attorney, and such
16 child's parent or parents or legal guardian or guardians of any applica-
17 tion, decision, communication, or appeal related to such child's retire-
18 ment, survivors and disability insurance, supplemental security income,
19 veterans' or any other federal social security benefits.
20 (iv) For each child the commissioner determines may potentially be
21 eligible for benefits, identify an appropriate representative payee, in
22 cooperation with such child, such child's family, and the attorney for
23 such child, pursuant to the established categories of preferred payees
24 in 20 C.F.R. §§ 404.2021 and 416.621. The commissioner shall seek to be
25 appointed as the representative payee only when there is no other appro-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11060-02-5
A. 8036 2
1 priate preferred payee available who agrees to use and preserve the
2 benefits in the interest of a child.
3 (r) For each child for whom a commissioner is appointed to serve as
4 the representative payee, such commissioner shall: (i) Meet regularly
5 with any child who is developmentally able to participate in financial
6 planning and such child's attorney to develop a plan to use and conserve
7 the benefits.
8 (ii) Use the payments to meet the child's specific immediate unmet
9 needs, as determined in cooperation with such child, such child's care-
10 taker, and such child's attorney. Benefits may be used to meet such
11 child's needs for goods or services not provided through the foster care
12 system and that are not covered by such child's health insurance,
13 including but not limited to, disability aids, school tuition, a car, or
14 tools of the trade for employed youth.
15 (iii) Monitor the federal and state asset limitations on federal bene-
16 fits, and deposit any benefits that are subject to such asset limitation
17 and are not used to meet the child's immediate needs in a special needs
18 trust, a pooled special needs trust, an achieving a better life experi-
19 ence (ABLE) account under 26 U.S. Code § 529A, or other trust account or
20 legal mechanism that will allow a child to save in excess of any federal
21 and state asset limitations, in accordance with 20 C.F.R. § 416.645.
22 (iv) Provide the child and the attorney for such child with an annual
23 accounting of the use or conservation of such child's benefits.
24 (v) Upon discharge from foster care, transfer all conserved funds to
25 the new representative payee or the child, as appropriate.
26 (vi) Decline to use a child's benefits to reimburse the local social
27 services district for the costs associated with maintaining any child in
28 the care and custody or the custody and guardianship of the commission-
29 er, including the administrative costs associated with foster care.
30 (s) For all children in foster care, a commissioner shall: (i) Provide
31 all representative payees and beneficiaries with information about what
32 is legally required under law regarding the use and conservation of
33 federal benefits.
34 (ii) Assist any child who may qualify to be their own payee in
35 completing an application to become the payee for such child's benefits.
36 (iii) Assist any child who needs to be re-certified to remain eligible
37 for a benefit after reaching the age of majority to be re-certified far
38 enough in advance of such child reaching the age of majority to avoid a
39 gap in the provision of such benefit.
40 (iv) For any child who the commissioner anticipates will be discharged
41 from care within three months, and who is not able to serve as such
42 child's own representative payee, identify an appropriate representative
43 payee, in cooperation with such child, such child's family, and the
44 attorney for such child, pursuant to the established categories of
45 preferred payees in 20 C.F.R. §§ 404.2021 and 416.621, and assist the
46 identified individual in processing an application to become the repre-
47 sentative payee.
48 (v) Provide at least five hours of developmentally appropriate finan-
49 cial literacy and skill building annually for all children age fourteen
50 or older, and for all family members who will serve as a representative
51 payee for a child. Such training shall include skill building around
52 proper use and conservation of benefits, including the use of special-
53 ized accounts enumerated in subparagraph (iii) of paragraph (r) of this
54 subdivision.
55 § 2. This act shall take effect immediately.
