AB 1053

Under this bill, if the Department of Children and Families or a county department of human services or social services (collectively, the department) is appointed as representative payee for a child in out-of-home care who is receiving state or federal benefits, the department must conserve the child’s benefits in protected accounts that avoid asset limitations for federal and state programs, consistent with the best interests of the child; provide a periodic accounting to the child, the child’s attorney or guardian ad litem, and the child’s parent, guardian, or Indian custodian regarding the conservation and use of the child’s benefits while the child is in the department’s care; and work with the child and the appropriate federal agency to return remaining funds to the child or another fiduciary once the child exits the department’s care. Under the bill, the department may contract with a public or private agency to fulfill the requirements of the bill. The bill prohibits the department from using benefits received on behalf of a child to pay for the costs of caring for the child in out-of-home care.