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 every youth who is in foster care to be screened by the county for potential eligibility for SSI and requires that screening to occur when the foster youth is at least 16 years of age and not older than 17 years of age.
Existing law requires a placing agency to act in accordance with specified guidelines and pursuant to certain requirements when acting as the representative payee or in any other fiduciary capacity for a child or youth receiving federal Social Security Administration survivors' benefits, including, among other requirements, monitoring any applicable federal asset, resource, or income limits for the child's benefits and ensure that the child's best interests are served by conserving the benefits in a way that avoids termination of those benefits as a result of exceeding the federal asset, resource, or income limits, including establishing and maintaining a dedicated account on behalf of the child and preserves eligibility for other benefits to which the child may be entitled.
This bill would expand the application of the placing agency guidelines and requirements described above to all circumstances in which the placing agency acts as the representative payee or in any other fiduciary capacity for a foster youth who receives benefits from the federal Social Security Administration. The bill would also expand the list of accounts that may be established and maintained by the placing agency to conserve the child's benefits, including, among others, a Plan to Achieve Self-Support account and a 529A plan. By increasing county duties with respect to foster youth, the bill would impose a state-mandated local program.
This bill would also make various technical and conforming changes.
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.

Statutes affected:
AB 1080: 13754 WIC, 13756 WIC
02/20/25 - Introduced: 13754 WIC, 13756 WIC