SENATE BILL 273

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Gerald P. Ortiz y Pino

FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE

AN ACT

RELATING TO CHILDREN; PROVIDING FOR A SOCIAL SECURITY ASSISTANCE PROGRAM FOR CHILDREN IN THE CUSTODY OF THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. CHILDREN, YOUTH AND FAMILIES DEPARTMENT--SOCIAL SECURITY ASSISTANCE PROGRAM.--

          A. The legislature finds that assisting youth in securing social security benefits is a cost-effective method to improve the lives of hundreds of children in state custody and improve their chances of returning to a safe and stable home.

          B. The children, youth and families department shall establish and maintain a social security assistance program to ensure that all children residing in state custody who are eligible for social security benefits apply for and receive all benefits available to them. The department shall:

                (1) screen all children in the custody of the department for eligibility for social security supplemental security income and social security survivor's benefits. Each child shall be screened within six months of entering the department's custody; provided that each child in the custody of the department on July 1, 2005 shall be screened no later than December 31, 2005;

                (2) apply for supplemental security income and survivor's benefits for each child determined by the screening process to be, more likely than not, eligible for benefits unless the department makes a determination, after an individual inquiry, that seeking an application would not benefit the child; and

                (3) request reconsideration and timely appeal of adverse decisions when appropriate.

          C. The children, youth and families department shall apply to be appointed representative payee on behalf of a child beneficiary in its custody when no other appropriate party is available to serve in that capacity. In its capacity as representative payee, the department shall:

                (1) establish children's maintenance accounts. The department shall establish a no-cost, interest-bearing account for each child in the department's custody for whom the department serves as representative payee. Interest earned shall be credited to the account. The department shall keep an itemized current account of all income and expense items for each child's maintenance account; and

                (2) establish procedures for disbursing money from the accounts, including disbursing the net balance to the beneficiary upon release from care. The department shall use social security benefits only:

                     (a) for the use and benefit of the child;

                     (b) for purposes determined to be in the child's best interest;

                     (c) in accordance with a written assessment of the child's individual needs; provided that each child beneficiary shall receive a personal allowance of at least thirty dollars ($30.00) each month for the child's personal use; and

                     (d) for the purpose of assisting a child making the transition from the custody of the department to self-sufficient living, by conserving the social security benefits of the child beneficiary in lieu of reimbursing the department for foster care maintenance beginning ninety days prior to the eighteenth birthday of a child in the custody of the department.

          D. The children, youth and families advisory committee shall, on a regular basis, evaluate the social security assistance program and report its findings and recommendations to the secretary of children, youth and families.

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