Existing law requires that all benefits for survivors or other awards payable to a child receiving child welfare services: (1) in a county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties) be deposited in the State Treasury for credit to the Trust Fund for Child Welfare; or (2) in a county whose population is 100,000 or more (currently Clark and Washoe Counties) be deposited in a trust fund for child welfare established in the county treasury. Existing law requires the Division of Child and Family Services of the Department of Health and Human Services to use money in the Trust Fund for Child Welfare to pay for any services provided to the child to whom the benefits or awards were payable with public money. Existing law authorizes the agency which provides child welfare services in a county whose population is 100,000 or more to use the money in the trust fund for child welfare in the county treasury to pay for such services. (NRS 432.037) Section 6 of this bill repeals those provisions. Section 1 of this bill requires an agency which provides child welfare services to determine if each child in the custody of the agency is receiving or is eligible to receive federal benefits administered by the Social Security Administration or the United States Department of Veterans Affairs. If a child is eligible to receive such federal benefits, section 1 requires the agency which provides child welfare services to promptly apply for the federal benefits on behalf of the child. If the agency which provides child welfare services applies for such federal benefits on behalf of a child in its custody or if such a child is receiving such federal benefits, section 1 requires the agency to: (1) determine whether there is a person who may be the representative payee for the child for the purpose of receiving such federal benefits; and (2) if no person is suitable, apply to the Federal Government to be the representative payee for the child. If the agency which provides child welfare services is approved to be the representative payee for the child, section 1 additionally requires the agency to: (1) establish an account for the purpose of using and conserving the federal benefits and any other benefits or awards received on behalf of the child; (2) perform an accounting of the use, application or conservation of all benefits that the agency receives on behalf of the child every 6 months; and (3) notify and consult with certain persons associated with the child concerning applications for and the use of federal benefits. Section 1 also requires the agency to provide financial counseling to a child who is in the custody of the agency, is receiving benefits and is 14 years of age or older. Section 1 prohibits an agency which provides child welfare services that serves as the representative payee for a child from using any benefits, awards or assets belonging to a child to pay for the costs of the care of the child. Section 1 requires an agency which provides child welfare services that is the representative payee for a child to periodically assess whether there is a more suitable person to serve as the representative payee for the child, consult with certain interested persons as to whether the person is suitable for that role and, if so, assist the person in applying to be the representative payee. If a person assumes the role of representative payee, section 1 requires the agency to provide certain training to the person and request from the person certain documents relating to the accounting of funds of the child. Upon ceasing to serve as the representative payee for a child, section 1 requires an agency which provides child welfare services to remit any balance in the account maintained on behalf of the child or transfer control over the account in accordance with any requirements imposed by the source of the money or, if no such requirements exist, to: (1) the new representative payee or the parent or legal guardian of the child; or (2) if the child is emancipated or has reached 18 years of age, the child. Sections 1 and 3 of this bill require an agency which provides child welfare services to submit to a court overseeing the case of a child in its custody who is receiving federal benefits certain documentation on the accounting of those benefits. Section 2 of this bill makes a conforming change to indicate the proper placement of section 1 in the Nevada Revised Statutes. Section 4 of this bill requires the Division to, on or before January 1, 2026, close each account in the Trust Fund and: (1) if the Division is the representative payee for the child for which the account was maintained, deposit the money into an account maintained pursuant to section 1; or (2) if the Division is not the representative payee for the child, remit the balance of the account in accordance with any requirements imposed by the source of the money or, if no such requirements exist, to the new representative payee, the parent or guardian of the child or the child, depending on the circumstances. Section 4 requires an agency which provides child welfare services in a county whose population is 100,000 or more to take similar action with regard to the trust fund for child welfare in the county treasury.

Statutes affected:
As Introduced: 432.091, 432B.580, 432.037
Reprint 1: 432.091, 432B.580, 432.037
As Enrolled: 432.091, 432B.580, 432.037
BDR: 432.091, 432B.580, 432.037