,i #aaeth ,,congress #b;d ,session ,h4 ,r4 #gbif ,,in ,,the ,,house ,,of ,,representatives ,december #ac1 #bjah,mr4 ,danny ,k4 ,davis of ,illinois 7for himself1 ,mr4 ,lewis of ,georgia1 and ,mr4 ,langevin7 introduced the following bill2 which was referred to the ,committee on ,ways and ,means ,a ,,bill ,to ensure that foster children are able to use their ,social ,security and ,supplemental ,security ,income benefits to address their needs and improve their lives4 #a4 ,short title ,this ,act may be cited as the ,protecting ,foster ,youth ,resources to ,promote ,self-,sufficiency ,act4 #b4 ,limitation on use of social security or supplemental security income benefits paid to representative payees on behalf of foster children for ,state costs 7a7 ,amendments to title ,,ii ,section #bje7;j77#i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7;j77#i77 is amended-- 7#a7 by inserting 7,a7 after 7#i72 and 7#b7 by adding at the end the following3 7,b7 7i7 ,a ,state or local government agency serving in any ,state as a representative payee under this subsection with respect to an individual who is in foster care under the responsibility of the ,state shall not use any benefits paid to the representative payee pursuant to paragraph 7#a7 of this subsection to reimburse the ,state for-- 7,i7 foster care maintenance payments made pursuant to section #dgb1 or 7,,ii7 other payments made by the ,state or political subdivision of the ,state to cover any other cost or expense for an individual who is in foster care under the responsibility of the ,state4 7ii7 ,an expense described in paragraph 7#d77;,a77i7 of this subsection or section #afca7;a77#b77;,d7 shall not be considered a cost or expense for purposes of clause 7i7 of this subparagraph4 4 7b7 ,amendments to title ,,xvi ,section #afca7;a77#b77;,a77iv7 of such ,act 7#db ,u4,s4,c4 #achc7;a77#b77;,a77iv77 is amended-- 7#a7 by inserting 7,i7 after 7iv72 7#b7 by adding and at the end2 and 7#c7 by adding after and below the end the following3 7,,ii7 ,a ,state or local government agency serving in any ,state as a representative payee under this subsection with respect to an eligible individual who is in foster care under the responsibility of the ,state shall not use any benefits paid to the representative payee pursuant to clause 7ii7 of this subparagraph to reimburse the ,state for-- 7aa7 foster care maintenance payments made pursuant to section #dgb2 or 7bb7 other payments made by a ,state or political subdivision of a ,state to cover any other cost or expense for an individual who is in foster care under the responsibility of the ,state4 7,,iii7 ,an expense described in subparagraph 7,d7 of this paragraph or section #bje7;j77#d77;,a77i7 shall not be considered a cost or expense for purposes of subclause 7,,ii7 of this clause4 4 #c4 ,screening of foster children for eligibility for social security and supplemental security income benefits 7a7 ,state plan requirement ,section #dga7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fga7;a77 is amended-- 7#a7 by striking and at the end of paragraph 7#cd72 7#b7 by striking the period at the end of paragraph 7#ce7 and inserting 2 and2 and 7#c7 by adding at the end the following3 7#cf7 provides that1 not later than the beginning of the first calendar quarter that begins after the #c-year period that begins with the date of the enactment of this paragraph1 the ,state agency referred to in paragraph 7#b7 of this subsection shall-- 7,a7 develop and implement procedures to ensure that1 within #fj days after the status of a child who is in foster care under the responsibility of the ,state is first reviewed pursuant to section #dge7e77;,b71 and after any material change in the circumstances of the child that could affect the potential eligibility of the child for such benefits1 the child is screened to determine the potential eligibility of the child for benefits under title ,,ii and for supplemental security income benefits under title ,,xvi2 7,b7 if the screening results in a determination that the child is potentially eligible for any of such benefits-- 7i7 provide the child with assistance in applying for1 and 7if necessary7 appealing any decisions made with respect to1 the benefits2 and 7ii7 if there is no other suitable candidate available1 apply to become the representative payee for the child with respect to the benefits2 and 7,c7 develop and implement procedures to ensure that any such child who is potentially eligible for1 or is a recipient of1 benefits under title ,,ii or supplemental security income benefits under title ,,xvi1 is assisted with applying for such benefits not later than #abj days 7or1 if the child has attained #ag years of age1 #a year7 before the child exits foster care4 4 7b7 ,,gao study 7#a7 ,in general ,within #d years after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct a study to determine whether the ,states have substantially complied with the amendments made by this section1 including specifically whether the ,states have-- 7,a7 established successful procedures that screen all foster children under the responsibility of the ,states for their potential eligibility for benefits under title ,,ii of the ,social ,security ,act and for supplemental security income benefits under title ,,xvi of such ,act2 7,b7 provided all such potentially eligible foster children assistance in applying for1 and appealing decisions made with respect to1 the benefits2 and 7,c7 implemented procedures to identify suitable nongovernmental candidates to serve as representative payees for children in foster care with respect to the benefits4 7#b7 ,report to the ,congress ,within #a year after completing the study required by paragraph 7#a71 the ,comptroller ,general shall submit to the ,congress a written report that contains the results of the study4 #d4 ,notice to attorney or guardian ad litem for foster child of determination to pay social security or supplemental security income benefits to representative payee 7a7 ,amendment to title ,,ii ,section #bje7;j77#b77;,e77ii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7;j77#b77;,e77ii77 is amended by inserting 1 except that1 in the case of an individual who is in foster care under the responsibility of a ,state or in a legal guardianship1 such notice shall also be provided to the attorney or guardian ad litem appointed to represent the individual pursuant to section #ajf7;b77#b77;,b77xiii7 of the ,child ,abuse ,prevention and ,treatment ,act and1 if the individual has attained #ad years of age1 to the individual before the period4 7b7 ,amendment to title ,,xvi ,section #afca7;a77#b77;,b77xii7 of such ,act 7#db ,u4,s4,c4 #achc7;a77#b77;,b77xii77 is amended by inserting 1 except that1 in the case of an individual who is in foster care under the responsibility of a ,state or in a legal guardianship1 such notice shall also be provided to the attorney or guardian ad litem appointed to represent the individual pursuant to section #ajf7;b77#b77;,b77xiii7 of the ,child ,abuse ,prevention and ,treatment ,act and1 if the individual has attained #ad years of age1 to the individual before the period4 #e4 ,management of social security and supplemental security income benefits for foster children 7a7 ,plan for achieving self-,support ,section #dga7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fga7;a771 as amended by section #c7;a7 of this ,act1 is amended-- 7#a7 by striking and at the end of paragraph 7#ce72 7#b7 by striking the period at the end of paragraph 7#cf7 and inserting 2 and2 and 7#c7 by adding at the end the following3 7#cg7 provides that1 with respect to each child in foster care under the responsibility of the ,state and on whose behalf the ,state receives benefits under title ,,ii or supplemental security income benefits under title ,,xvi1 the ,state agency shall-- 7,a7 develop a plan1 developed specifically for the child1 which is designed to best meet the current and future needs of the individual and enable the child to achieve self-support after leaving foster care1 in accordance with the following3 7i7 7,i7 ,the plan shall set forth a strategy to conserve benefits not necessary for the immediate needs of the child1 determined as provided for pursuant to clause 7ii7 of this subparagraph1 in a manner that best meets the future needs and educational and employment interests of the child1 and for the placement of any such benefits in-- 7aa7 an account of the type described in section #afca7;a77#b77;,f7 of this ,act2 7bb7 an ,,able account established under section #ebi;,a of the ,internal ,revenue ,code of #aihf2 7cc7 an individual development account established pursuant to ,federal or ,state law2 or 7dd7 such other account in which benefits for the child may be conserved in a manner that the ,state determines1 consistent with this paragraph1 is in the best interests of the child4 7,,ii7 ,the plan shall provide for a determination as to whether the child has immediate needs for which the benefits should be used to serve the best interests of the child consistent with sections #bje7;j77#aj77;,b7 and #afca7;a77#b77;,a77iv77,,ii74 7,,iii7 ,the plan shall provide for a determination of any additional assets to which the child may be entitled1 including civil judgments1 inheritances1 or earnings1 and shall provide for the assets to be conserved as part of the plan as described in clause 7i74 7,,iv7 ,any funds conserved in accordance with the plan shall be used to supplement and not supplant any other ,federal funds or programs that may be available for the benefit of the child4 7,v7 ,the plan shall provide that any assets set aside under the plan shall be conserved and inaccessible to the child 7except for a use of funds described in items 7aa7 through 7gg7 of section #afca7;a77#b77;,f77ii77,,ii71 or for another use approved by the ,secretary as being in the best interests of the child71 and placed in an account described in clause 7i7 of this subparagraph1 until the later of the date the child attains #ah years of age or ceases to be under the responsibility of the ,state4 7ii7 ,the ,state agency shall-- 7,i7 develop and implement the plan in collaboration with the child 7on an age-appropriate basis71 the social worker for the child1 the person acting as the representative payee for the child pursuant to section #bje7;j7 or #afca7;a77#b7 of this ,act1 and the attorney or guardian ad litem appointed to represent the child pursuant to section #ajf7;b77#b77;,b77xiii7 of the ,child ,abuse ,prevention and ,treatment ,act2 and 7,,ii7 in developing and implementing the plan1 make reasonable efforts to seek input from the parents and caretakers of the child4 7iii7 7,i7 ,within #fj days after the status of the child is first reviewed pursuant to section #dge7e77;,b71 the ,state agency shall complete the plan4 7,,ii7 ,the ,state agency shall ensure that each subsequent such review of such status shall include consideration of an updated version of the plan and a report on the progress made in implementing the plan4 7iv7 7,i7 ,not later than #cj days before the status of the child is first reviewed pursuant to section #dge7e77;,b7 of this ,act after completion of the plan1 the ,state agency shall provide a copy of the plan to the attorney or guardian ad litem appointed to represent the child pursuant to section #ajf7;b77#b77;,b77xiii7 of the ,child ,abuse ,prevention and ,treatment ,act4 7,,ii7 ,not later than #cj days before each subsequent such review1 the ,state agency shall provide an updated copy of the plan to the attorney or guardian ad litem so appointed4 7v7 7,i7 ,the child may request the plan to be modified in a review of the status of the child pursuant to section #dge7e77;,b71 in a separate hearing1 or in a permanency hearing pursuant to section #dge7e77;,c74 7,,ii7 ,the plan shall not be treated1 in any administrative or judicial review proceeding1 as meeting the requirements of this paragraph with respect to a child unless the plan is determined by the reviewer to be the best available means of meeting the current and future needs and educational and employment interests of the child2 7,b7 assist the child in developing a plan to manage the benefits so as to meet the current and future needs of the child2 and 7,c7 provide the child financial literacy training1 including regarding budgeting1 saving1 investing1 managing credit1 student loans1 consumer debt and installment purchasing 7including credit scoring1 managing credit debt1 and completing a loan application71 banking 7including balancing a checkbook1 opening a deposit account1 and the use of interest rates71 ,state and ,federal income taxation1 personal insurance policies1 identity theft security1 and home ownership 7including the basic process of obtaining a mortgage and the concepts of fixed and adjustable rate mortgages1 subprime loans1 and predatory lending74 4 7b7 ,provisions relating to representative payees 7#a7 ,amendments to title ,,ii ,section #bje7;j7 of such ,act 7#db ,u4,s4,c4 #dje7;j77 7as amended by the preceding provisions of this ,act7 is amended further-- 7,a7 by redesignating paragraphs 7#h71 7#i71 7#aj71 7#aa71 and 7#ab7 as paragraphs 7#i71 7#aj71 7#aa71 7#ab71 and 7#ac71 respectively2 and 7,b7 by inserting after paragraph 7#g7 the following new paragraph3 7#h7 ,a representative payee who is a ,state shall manage the benefits paid to the representative payee under paragraph 7#a7 on behalf of an individual who is in foster care under the responsibility of the ,state1 in accordance with the plan developed for the child pursuant to section #dga7;a77#cg74 4 7#b7 ,amendment to title ,,xvi ,section #afca7;a77#b7 of such ,act 7#db ,u4,s4,c4 #achc7;a77#b77 is amended by adding at the end the following3 7,j7 ,a representative payee who is a ,state shall manage the benefits paid to the representative payee under subparagraph 7,a77ii7 of this paragraph on behalf of an individual who is in foster care under the responsibility of the ,state1 in accordance with the plan developed for the child pursuant to section #dga7;a77#cg74 4 7c7 ,exclusion from resources under the ,,ssi program ,section #afac7;a7 of such ,act 7#db ,u4,s4,c4 #achb;b7a77 is amended-- 7#a7 by striking and at the end of paragraph 7#af72 7#b7 by striking the period at the end of paragraph 7#ag7 and inserting 2 and2 and 7#c7 by inserting after paragraph 7#ag7 the following3 7#ah7 any assets managed on behalf of an eligible individual in accordance with a plan developed for the individual pursuant to section #dga7;a77#cg74 4 #f4 ,support and maintenance furnished in cash or in kind disregarded in determining income of foster children under the supplemental security income program ,section #afab7;a77#b77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #achb;a7a77#b77;,a77 is amended-- 7#a7 by striking and at the end of clause 7ii72 and 7#b7 by inserting 1 and 7iv7 clause 7i7 shall not apply in the case of a child who is in foster care under the responsibility of a ,state before the last semicolon4 #g4 ,technical assistance for child welfare agencies 7a7 ,in general ,on request of a ,state agency responsible for administering1 or supervising the administration of1 a ,state program authorized by part ,e of title ,,iv of the ,social ,security ,act1 the ,secretary of ,health and ,human ,services shall provide the ,state agency with technical assistance in carrying out the amendments made by this ,act1 including guidance for informing non-,state representative payees of children in foster care under the responsibility of the ,state who are recipients of benefits under title ,,ii of such ,act or supplemental security income benefits under title ,,xvi of such ,act of the availability of appropriate savings vehicles for any part of the benefits not required to meet the immediate needs of the children4 7b7 ,limitations on authorization of appropriations ,to carry out this section1 there are authorized to be appropriated #d1ejj1jjj for fiscal year #bjah1 and such sums as may be necessary for each of fiscal years #bjai through #bjbc4 #h4 ,effective dates 7a7 ,in general ,except as provided in subsection 7b7 of this section1 the amendments made by this ,act 7other than by section #c7;a77 shall apply to benefits payable for months beginning after the date of the enactment of this ,act4 7b7 ,state plan requirements relating to plans for achieving self-,support 7#a7 ,in general ,the amendments made by section #e7;a7 of this ,act shall take effect on the first day of the first calendar quarter beginning after the date of the enactment of this ,act1 and shall apply to payments under part ,e of title ,,iv of the ,social ,security ,act for calendar quarters beginning after such first day4 7#b7 ,delay permitted if ,state legislation required ,if the ,secretary of ,health and ,human ,services determines that ,state legislation 7other than legislation appropriating funds7 is required in order for a ,state plan approved under part ,e of title ,,iv of the ,social ,security ,act to meet the additional requirements imposed by the amendments made by section #e7;a7 of this ,act1 the plan shall not be regarded as failing to meet any of the additional requirements before the first day of the first calendar quarter beginning after the first regular session of the ,state legislature that begins after the date of the enactment of this ,act4 ,if the ,state has a #b-year legislative session1 each year of the session is deemed to be a separate regular session of the ,state legislature4