PRINTER'S NO. 3710
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2617
Session of
2024
INTRODUCED BY KRAJEWSKI, DELOZIER, McNEILL, HILL-EVANS,
SCHLOSSBERG, GUENST, FIEDLER, OTTEN, SANCHEZ AND BERNSTINE,
OCTOBER 4, 2024
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, OCTOBER 4, 2024
AN ACT
1 Amending the act of November 23, 2010 (P.L.1264, No.119),
2 entitled "An act providing for requirements for children in
3 foster care and for grievance policy and procedure," further
4 providing for definitions; and providing for benefits.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. The definitions of "county agency," "department"
8 and "private agency" in section 2 of the act of November 23,
9 2010 (P.L.1264, No.119), known as the Children in Foster Care
10 Act, are amended and the section is amended by adding
11 definitions to read:
12 Section 2. Definitions.
13 The following words and phrases when used in this act shall
14 have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 "Benefits." Any and all Federal benefits, including Social
17 Security, Supplemental Security Income and veterans benefits.
18 * * *
1 "Cost of care." The reasonable maintenance expenses,
2 including foster care maintenance payments as defined under 42
3 U.S.C. ยง 675(4)(A) (relating to definitions), and special
4 allowances for a child of similar age.
5 "County agency." A county children and youth social service
6 agency established under section 405 of the act of June 24, 1937
7 (P.L.2017, No.396), known as the County Institution District
8 Law, and supervised by the Department of [Public Welfare] Human
9 Services under Article IX of the act of June 13, 1967 (P.L.31,
10 No.21), known as the [Public Welfare] Human Services Code.
11 "Department." The Department of [Public Welfare] Human
12 Services of the Commonwealth.
13 * * *
14 "Private agency." A children and youth social service agency
15 subject to the regulatory requirements of the Department of
16 [Public Welfare] Human Services.
17 * * *
18 "Representative payee." A person designated to receive
19 benefits for a minor child under county agency rules governing
20 the benefits.
21 * * *
22 "Unmet needs." Expenses for which a county agency is not
23 required by law to provide financial support.
24 * * *
25 Section 2. The act is amended by adding a section to read:
26 Section 5.1. Benefits.
27 A county agency shall have the following powers and duties:
28 (1) The county agency shall ensure that each child in
29 foster care is screened to determine whether the child is
30 currently receiving or is eligible to receive Social
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1 Security, Supplemental Security Income, veterans or other
2 Federal or State benefits within 60 days of being placed in
3 foster care and annually thereafter.
4 (2) Within 60 days of a determination that a child is
5 potentially eligible to receive Social Security, Supplemental
6 Security Income, veterans or other Federal or State benefits,
7 the county agency shall apply for the benefits, in
8 cooperation with the child's attorney or guardian ad litem,
9 if the screening determines that the child may be eligible
10 for benefits.
11 (3) If an application for benefits is denied, the county
12 agency shall appeal the decision.
13 (4) The county agency shall identify, in cooperation
14 with the child's attorney or guardian ad litem, a
15 representative payee in accordance with the established
16 categories of preferred payees as outlined by Social Security
17 and Supplemental Security Income guidelines and apply to
18 become the representative payee if there is no other suitable
19 candidate available.
20 (5) The county agency shall support the maintenance of
21 benefits for a child transitioning out of foster care or an
22 individual under the county agency's care who has reached the
23 age of legal adulthood. When a child in foster care reaches
24 16 years and 6 months of age, the county agency shall begin
25 to prepare a plan to support the maintenance of benefits for
26 the child as the child transitions out of foster care or
27 reaches the age of legal adulthood. If a child's eligibility
28 for benefits ceases upon entering foster care, the county
29 agency shall assist the child and parent, guardian, permanent
30 legal custodian or adoptive parent with the application for
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1 benefits upon the child transitioning out of foster care.
2 (6) Notwithstanding 55 Pa. Code Ch. 3140 (relating to
3 planning and financial reimbursement requirements for county
4 children and youth social service programs), if the county
5 agency serves as a representative payee for a child receiving
6 Social Security, Supplemental Security Income, veterans or
7 other Federal or State benefits, the county agency shall:
8 (i) Use or conserve the benefits in the child's
9 interest, as determined in cooperation with the child and
10 the child's attorney or guardian ad litem, including
11 using the benefits for services or unmet needs not
12 otherwise provided by the county agency, court ordered or
13 covered by health insurance or conserving the benefits
14 for the child's reasonably foreseeable future needs.
15 (ii) Ensure that for a child in foster care, the
16 child's benefits are not used to reimburse the
17 Commonwealth for the costs of care for the child or other
18 payments made by the Commonwealth to cover any other cost
19 or expense for the child.
20 (iii) Monitor any Federal asset or resource limit
21 for the benefits and ensure that a child's best interest
22 is served by using or conserving the benefits in a way
23 that avoids violating the Federal asset or resource
24 limit, including conserving funds by establishing
25 individual financial accounts in accordance with 20 CFR
26 416.645 (relating to conservation and investment of
27 benefit payments).
28 (7) Consistent with the best interest of a child in
29 foster care, the county agency shall place the child's
30 benefits in individual financial accounts that avoid asset
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1 limitations for Federal and State programs, such as a PA ABLE
2 savings account. The county agency shall establish individual
3 financial accounts for the purpose of limiting the county
4 agency's use of a child's benefits. The county agency shall
5 cooperate with the Social Security Administration, the child
6 and the child's attorney or guardian ad litem to ensure that
7 when the child leaves foster care or reaches 18 years of age,
8 all payments of benefits shall be returned to the Social
9 Security Administration to be held on the child's behalf or,
10 upon the instructions of the Social Security Administration,
11 transferred to the child or a new representative payee.
12 (8) The county agency shall notify the parent, guardian,
13 permanent legal custodian or adoptive parent and child
14 through the child's attorney or guardian ad litem of an
15 application, decision, communication or appeal related to the
16 child's Social Security, Supplemental Security Income,
17 veterans or other Federal or State benefits.
18 (9) The county agency shall provide a quarterly
19 accounting of the amount and use of all benefits that each
20 child in foster care is receiving. The accounting shall
21 contain an itemized list of each expenditure by the county
22 agency, private agency and any third-party representative
23 payee. The accounting shall be provided to the child through
24 the child's attorney or guardian ad litem.
25 (10) The county agency shall provide a child in foster
26 care with ongoing financial literacy training tailored to the
27 individual child's development, functioning and needs and
28 support in maintaining benefit eligibility, including
29 providing information regarding the existence, availability
30 and use of money conserved for the child. This training and
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1 support shall be provided when a child in foster care reaches
2 14 years of age or within six months of being placed in
3 foster care for children over 14 years of age. Financial
4 literacy training concerning restrictions on the use of
5 conserved money shall be made available to all parents,
6 guardians, permanent legal custodians and adoptive parents
7 gaining access to money conserved by the county agency.
8 (11) The department and county agency shall assess the
9 feasibility of providing repayments for a child formerly in
10 foster care whose benefits were not used in the best interest
11 of the child.
12 (12) The county agency shall collect, maintain and
13 provide data relating to the application, use and
14 conservation of Federal and State benefits for a child in
15 foster care in an annual report provided to the public. The
16 report may not reveal to the public identifying information
17 about a child either currently or formerly in foster care.
18 (13) Conservation of these benefits shall fulfill the
19 exhaustion of eligibility and receipt of benefits
20 requirements under section 704.2 of the act of June 13, 1967
21 (P.L.31, No.21), known as the Human Services Code.
22 (14) The department and county agency may contract with
23 a third party to fulfill any of the requirements under this
24 section.
25 (15) Within nine months of the effective date of this
26 section, the Department of Human Services Office for
27 Children, Youth and Families shall issue guidance on the
28 implementation of this section. The following shall apply:
29 (i) Not later than 30 days after the effective date
30 of this section, the office shall convene a meeting with
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1 stakeholders who shall include, at a minimum,
2 representatives from county welfare directors, child
3 advocacy organizations, current and former foster
4 children and other relevant stakeholders, as determined
5 by the department.
6 (ii) The guidance shall include best practice
7 guidelines for county child welfare agencies. Best
8 practice guidelines shall include, but not be limited to,
9 establishing procedures for the following:
10 (A) Determining the manner and tools for
11 conducting disability screenings for children who may
12 be eligible for benefits.
13 (B) Assisting in the application process for
14 benefits for each child who, pursuant to the
15 disability screening, is likely to be determined
16 eligible for benefits.
17 (C) Requesting reconsideration and appealing
18 adverse decisions where appropriate.
19 (D) Informing parents and caretakers at the time
20 a child leaves foster care of potential eligibility
21 for benefits for the child if the child is not
22 receiving benefits but may be eligible, upon
23 application, to receive those benefits.
24 (E) Informing foster children of their rights
25 and responsibilities for the continued receipt of
26 benefits, the sources of assistance that may be
27 available for resolving problems foster children may
28 have with the receipt of benefits and the process for
29 transferring accumulated benefits.
30 (F) Providing counties strategies for leveraging
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1 existing providers of civil legal services and
2 leveraging funds under 42 U.S.C. Ch. 7 Subch. IV Pt.
3 E (relating to Federal Payments for Foster Care,
4 Prevention and Permanency) to provide legal
5 assistance to children and youth to comply with the
6 law.
7 Section 3. This act shall take effect in 60 days.
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Statutes/Laws affected: Printer's No. 3710: P.L.1264, No.119, P.L.2017, No.396