Senate Bill No. by Senator McMath aims to enhance the support provided to children in foster care by establishing a framework for determining and managing earned federal benefits. The bill mandates that the Department of Children and Family Services (DCFS) assess within sixty days of a child's entry into care whether they are receiving or eligible for benefits from the United States Social Security Administration or the Department of Veterans Affairs. If eligible, the department is required to apply for these benefits on behalf of the child. Additionally, the bill outlines the responsibilities of the department in identifying a suitable representative payee for the child’s benefits and stipulates that the department must not use these benefits to cover the costs of the child's care.
Furthermore, the bill requires the DCFS to maintain an account for the child's benefits if it serves as the representative payee, ensuring that the funds are conserved without affecting the child's eligibility for other public benefits. The department must provide annual accounting of the benefits to the child and their attorney, notify them of any actions regarding the benefits, and appeal any denials of benefits in consultation with the child's attorney. The bill also includes provisions for an annual review of each child's eligibility for benefits and mandates the release of any conserved funds to the child or their responsible party upon the termination of the department's custody. This legislation is set to take effect on August 1, 2026.