Bill Text: TX HB4244 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the appointment of a representative payee or fiduciary for a child in the conservatorship of the Department of Family and Protective Services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-04-20 - Left pending in committee [HB4244 Detail]
Download: Texas-2021-HB4244-Introduced.html
87R10542 MM-F | ||
By: Toth | H.B. No. 4244 |
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relating to the appointment of a representative payee or fiduciary | ||
for a child in the conservatorship of the Department of Family and | ||
Protective Services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 264, Family Code, is | ||
amended by adding Section 264.0112 to read as follows: | ||
Sec. 264.0112. APPOINTMENT OF REPRESENTATIVE PAYEE OR | ||
FIDUCIARY FOR CHILD. (a) In this section, "legal representative" | ||
means the child's attorney, the child's attorney ad litem, or | ||
another individual appointed by a court to represent the legal | ||
interests of the child. | ||
(b) For a child in the department's conservatorship who | ||
receives or is eligible to receive benefits or services for which a | ||
representative payee or fiduciary is required, the department | ||
shall, in cooperation with the child's legal representative, select | ||
an appropriate individual to serve as the child's representative | ||
payee or fiduciary in accordance with the requirements of 20 C.F.R. | ||
Section 404.2021. If the department and the child's legal | ||
representative do not agree on a representative payee or fiduciary, | ||
the department shall request a hearing to determine an appropriate | ||
individual. The court shall consider the appointment of the child's | ||
relative and other designated caregivers. If the court does not | ||
identify an appropriate individual, the court may name the | ||
department as the representative payee or fiduciary. | ||
(c) In accordance with federal law, if the department serves | ||
as the representative payee or in any other fiduciary capacity for a | ||
child receiving United States Department of Veterans Affairs | ||
benefits, Supplemental Security Income (SSI) benefits under 42 | ||
U.S.C. Section 1381 et seq., or Social Security Disability | ||
Insurance (SSDI) benefits under 42 U.S.C. Section 401 et seq., the | ||
department shall: | ||
(1) from the date the child turns 14 years of age until | ||
the date the department no longer serves as the child's | ||
representative payee or fiduciary, reserve the following minimum | ||
percentage of the child's benefits for use by the child: | ||
(A) for a child who is at least 14 years of age | ||
but younger than 16 years of age, at least 40 percent; | ||
(B) for a child who is at least 16 years of age | ||
but younger than 18 years of age, at least 80 percent; and | ||
(C) for a child who is at least 18 years of age, | ||
100 percent; | ||
(2) exercise discretion in accordance with federal law | ||
and in the best interest of the child when making decisions to use | ||
or save the child's benefits or resources that are less than or not | ||
subject to asset or resource limits under federal law, including | ||
using the benefits to address the child's special needs and saving | ||
the benefits for the child's reasonably foreseeable future needs; | ||
(3) appropriately monitor federal asset or resource | ||
limits for the child's benefits and ensure that the child's best | ||
interest is served by using or saving the benefits in a manner that | ||
avoids violating federal asset or resource limits that would | ||
negatively affect the child's eligibility to receive the benefits, | ||
including by using: | ||
(A) a Social Security Administration Plan to | ||
Achieve Self-Support account for the child and determining whether | ||
it is in the best interest of the child to save all or part of the | ||
child's benefits in the account; | ||
(B) an ABLE account authorized by Section 529A, | ||
Internal Revenue Code of 1986, for the child and conserving the | ||
child's benefits in that account in a manner that appropriately | ||
avoids any federal asset or resource limits; | ||
(C) an individual development account for the | ||
child and conserving the child's benefits in that account in a | ||
manner that appropriately avoids any federal asset or resource | ||
limits; | ||
(D) a special needs trust for the child and | ||
conserving the child's benefits in the trust in a manner that is | ||
consistent with federal requirements for special needs trusts and | ||
that appropriately avoids any federal asset or resource limits; | ||
(E) the benefits to pay for the child's special | ||
needs not otherwise provided by the department if the department | ||
determines it is in the best interest of the child; | ||
(F) a dedicated account, if federal law requires | ||
certain back payments of benefits to be placed in a dedicated | ||
account, that complies with the requirements for dedicated accounts | ||
under 20 C.F.R. Section 416.640(e); and | ||
(G) any other exclusions from federal asset or | ||
resource limits available under federal law and using or conserving | ||
the child's benefits in a manner that appropriately avoids any | ||
federal asset or resource limits; | ||
(4) provide an annual accounting to the child and the | ||
child's legal representative regarding the use or saving of the | ||
child's resources in accordance with this section; and | ||
(5) provide financial literacy training for each child | ||
who is at least 14 years of age. | ||
(d) The department shall immediately provide notice to the | ||
child through the child's legal representative regarding: | ||
(1) any application for United States Department of | ||
Veterans Affairs benefits, Supplemental Security Income (SSI) | ||
benefits under 42 U.S.C. Section 1381 et seq., or Social Security | ||
Disability Insurance (SSDI) benefits under 42 U.S.C. Section 401 et | ||
seq. made on the child's behalf; | ||
(2) if the department is identified as the | ||
representative payee under Subsection (b), any application to | ||
become representative payee for the child's United States | ||
Department of Veterans Affairs benefits, Supplemental Security | ||
Income (SSI) benefits under 42 U.S.C. Section 1381 et seq., or | ||
Social Security Disability Insurance (SSDI) benefits under 42 | ||
U.S.C. Section 401 et seq.; | ||
(3) any decisions or communications from the United | ||
States Department of Veterans Affairs or the Social Security | ||
Administration regarding an application described by Subdivision | ||
(1); and | ||
(4) any appeal or other action requested by the | ||
department regarding an application for benefits described by | ||
Subdivision (1). | ||
(e) If the department serves as the representative payee or | ||
otherwise receives United States Department of Veterans Affairs | ||
benefits, Supplemental Security Income (SSI) benefits under 42 | ||
U.S.C. Section 1381 et seq., or Social Security Disability | ||
Insurance (SSDI) benefits under 42 U.S.C. Section 401 et seq. on the | ||
child's behalf, the department shall provide notice to the child | ||
through the child's legal representative of the following before | ||
each placement review hearing: | ||
(1) the amount of benefit funds received on the child's | ||
behalf since the most recent notification to the child's legal | ||
representative and the date the benefits were received; | ||
(2) information regarding the child's assets and | ||
resources, including the child's benefits, insurance, cash assets, | ||
trust accounts, earnings, and other resources; | ||
(3) an accounting of the disbursement of benefit | ||
funds, including the date, amount, and identification of the payee; | ||
and | ||
(4) information regarding each request by the court | ||
appointed special advocate for the child, the child's legal | ||
representative, or the child's caregiver for disbursement of funds | ||
and a statement regarding the department's reason for not granting | ||
the request if the request was not granted. | ||
SECTION 2. This Act takes effect September 1, 2021. |