Bill Text: CA SB1300 | 2021-2022 | Regular Session | Amended

California Senate Bill 1300 (Prior Session Legislation)

Bill Title: Foster youth: Supplemental Security Income.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2022-08-11 - August 11 hearing: Held in committee and under submission. [SB1300 Detail]

Download: California-2021-SB1300-Amended.html

Amended IN Senate April 07, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 1300

Introduced by Senator Durazo

February 18, 2022

An act to amend Sections 13753, 13754, and 13757 of the Welfare and Institutions Code, relating to foster youth.

LEGISLATIVE COUNSEL'S DIGEST

SB 1300, as amended, Durazo. Foster youth: Supplemental Security Income.

Existing law provides for the out-of-home placement, including foster care placement, of children who are unable to remain in the custody and care of their parents. Existing law, the federal Social Security Act, provides for benefits for eligible beneficiaries, including survivorship and disability benefits and supplemental security income (SSI) benefits for, among others, blind and disabled children. Existing law requires the county to provide specified information relating to SSI payments to a foster youth receiving those benefits when the youth is approaching their 18th birthday, including providing information regarding the federal requirement that the youth establish continuing disability as an adult in order for SSI benefits to continue. Existing law declares the intent of the Legislature that nonminor dependents who receive federal SSI benefits may 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 by the county welfare department in receiving direct payment. Existing law requires a youth in foster care and nearing emancipation to be screened by the county for potential eligibility SSI benefits, as specified.

This bill would revise and expand these provisions with respect to nonminor dependents, including requiring the county, if the youth elects to remain in foster care as a nonminor dependent after attaining 18 years of age, to assist the ~~youth~~ nonminor dependent in establishing continuing disability as an adult, including identifying an appropriate representative payee, which may include the ~~youth,~~ nonminor dependent, a trusted adult, or the county. The bill would specify the duties of the county if selected as a nonminor dependent’s representative payee.

The bill would revise screening requirements for foster youth nearing emancipation, including requiring the youth to be under the supervision of the county child welfare agency, juvenile probation department, or tribal organization, and requiring the screening to first occur when the youth is over 16 years of age. The bill also would require the county to screen all nonminor dependents for potential eligibility for SSI benefits, and to submit an application on behalf of any nonminor dependent who is screened as being likely to be eligible for those benefits and consents to the application, as specified. The bill would require the county to assist the nonminor dependent or representative payee other than the county to provide information to the Social Security Administration to ensure that the nonminor dependent receives the appropriate number of payments. The bill would replace various references to county welfare departments to instead refer to county placement agencies.

By increasing duties of county placing agencies assisting foster youth and nonminor dependents, the bill would impose a state-mandated program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Section 13753 of the Welfare and Institutions Code is amended to read:

13753.

(a) When a foster youth is receiving SSI payments, the county shall do all of the following at least six months before the youth’s 18th birthday:

(1) 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 their 18th birthday.

(2) Provide information to the youth regarding the process for becoming their own payee, or designating an appropriate representative payee if benefits continue beyond their 18th birthday, and regarding any SSI benefits that have accumulated on their behalf. The county shall also provide information about the effect, if any, the youth’s foster care benefits may have on the amount of the youth’s SSI payments.

(3) Assist the youth, as appropriate, in fulfilling the requirements of paragraphs (1) and (2).

(b) Upon the youth attaining 18 years of age, if the youth elects to remain in foster care as a nonminor dependent, the county shall carry out the requirements of subdivision (b) of Section 13754.

SEC. 2.

Section 13754 of the Welfare and Institutions Code is amended to read:

13754.

(a) It is the intent of the Legislature that ~~nothing in~~ this section shall not be interpreted to preclude a nonminor dependent from accessing the same benefits, services, and supports, and exercise the same choices available to all 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 placing agency. 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 placing 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 placing agency supplement the SSI payment that a youth receives during this one-month period with nonfederal AFDC-FC benefits.

(b) For a nonminor dependent who is receiving federal Supplemental Security Income payments, the county shall do both of the following:

(1) Assist the ~~youth~~ nonminor dependent in establishing continuing disability as an adult, including, but not limited to, gathering and submitting relevant records to the Social Security Administration, notifying the ~~youth~~ nonminor dependent of any denials or terminations of aid and assisting with timely requesting an appeal, as needed, and assisting the ~~youth~~ nonminor dependent in retaining an advocate to provide extended legal representation and advocacy.

(2) In consultation with the ~~youth,~~ nonminor dependent, identify an appropriate representative payee, which may include the ~~youth,~~ nonminor dependent, a trusted adult, or the county.

(A) If the nonminor dependent selects a representative payee that is not the county, the county shall assist the nonminor dependent in requesting a change of payee to the Social Security Administration. The county shall assist the nonminor dependent or the nonminor dependent’s representative payee in communicating any changes in the ~~youth’s~~ nonminor dependent’s foster care case to the Social Security Administration if those changes would affect the ~~youth’s~~ nonminor dependent’s eligibility for, or amount of, SSI benefits.

(B) If the nonminor dependent selects the county as their representative payee, the county shall follow the procedures described in Section 13757 to maintain eligibility for SSI payments. The county shall advise the nonminor dependent on an annual basis of the nonminor dependent’s right to request a different representative payee and document in the nonminor dependent’s transitional independent living case plan steps the nonminor dependent can take to become their own payee by 21 years of age. If the ~~youth~~ nonminor dependent exits care prior to attaining 21 years of age, the county shall assist the nonminor dependent in submitting a representative payee application to the Social Security Administration to ensure that the ~~youth~~ nonminor dependent receives SSI payments as soon as possible after exiting care.

(C) To fulfill the duties of this subdivision, the county may contract with legal services organizations to provide extended legal representation on behalf of children or nonminor dependents in foster care.

(1) Establish a no-cost, interest-bearing maintenance account for each child and nonminor dependent 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 and nonminor dependent’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 or nonminor dependent.

(B) For purposes determined by the county to be in the child’s or nonminor’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.

(D) Special equipment.

(E) Housing modification.

(F) Therapy or rehabilitation.

(G) Other items or services, deemed appropriate by the Social Security Administration.

(d) Beginning in the 2011–12 fiscal year, and each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.

SEC. 3.

Section 13757 of the Welfare and Institutions Code is amended to read:

13757.

(a) (1) Subject to paragraph (2), every youth over 16 years of age who is in foster care under the supervision of the county child welfare department, juvenile probation department, or tribal ~~organization~~ organization, if the tribal organization requests the screening from the county, 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 first occur when the foster youth is at least 16 years of age and not older than 17 years of age. An application shall be submitted to the federal Social Security Administration on behalf of any 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 before the youth’s 18th birthday.

(3) The county shall screen all nonminor dependents for potential eligibility for Supplemental Security Income and submit an application on behalf of any nonminor dependent who is screened as being likely to be eligible for those benefits and consents to the application.

(A) A nonminor dependent who is receiving aid pursuant to paragraph (5) of subdivision (b) of Section 11403 shall be presumed to have a likelihood of eligibility for Supplemental Security Income unless the medical condition is not expected to last more than one year.

(4) To fulfill the duties of this subdivision, the county may contract with legal services organizations to provide extended legal representation on behalf of children or nonminor dependents in foster care.

(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 nonfederal 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 their federal AFDC-FC eligibility.

(c) When a nonminor dependent has been approved for SSI payments pursuant to this section but is receiving a federally funded AFDC-FC benefit in an amount that exceeds the SSI payment, causing the SSI payment to be placed in suspense, the county placing agency shall, during at least one month of every 12-month period, beginning with the date that the SSI benefit is placed in suspense, forego the federally funded AFDC-FC benefit and instead use nonfederal AFDC-FC resources to supplement the SSI benefit that the youth receives during that month. The county shall subsequently reclaim the federally funded AFDC-FC benefit in the following month.

(1) If the county is the nonminor dependent’s representative payee, 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.

(2) If the county is not the nonminor dependent’s representative payee, then for the period that the nonminor dependent remains in foster care, in order to permit the nonminor dependent to receive an SSI benefit during a single month every 12-month period, the county shall assist the nonminor dependent or the nonminor dependent’s representative payee in providing this information to the Social Security Administration and keeping track of the number of months that the nonminor dependent’s SSI payment has been placed in suspense.

SEC. 4.

To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.