HOUSE BILL 254
56th legislature - STATE OF NEW MEXICO - second session, 2024
INTRODUCED BY
Tara Jaramillo and Eleanor Chávez and Harry Garcia
and Charlotte Little and Natalie Figueroa
AN ACT
RELATING TO CHILDREN; REQUIRING THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO DETERMINE FEDERAL BENEFITS ELIGIBILITY FOR CHILDREN IN ITS CUSTODY, APPLY FOR FEDERAL BENEFITS AND EITHER ACT AS THE CHILD'S REPRESENTATIVE PAYEE OR DETERMINE AN APPROPRIATE ALTERNATIVE; SETTING FORTH THE DEPARTMENT'S OBLIGATIONS WHEN ACTING AS THE CHILD'S REPRESENTATIVE PAYEE; PROHIBITING THE USE OF FEDERAL BENEFITS TO PAY THE DEPARTMENT FOR THE CHILD'S CARE; SETTING FORTH PROVISIONS FOR THE RELEASE OF FEDERAL BENEFITS PROVIDED TO CHILDREN IN LEGAL CUSTODY OF THE STATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Children's Code is enacted to read:
"[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Federal Benefits for Children in State Custody Act"."
SECTION 2. A new section of the Children's Code is enacted to read:
"[NEW MATERIAL] DEFINITION.--As used in the Federal Benefits for Children in State Custody Act, "representative payee" means a person appointed by a federal agency to manage the benefits the federal agency provides to a child."
SECTION 3. A new section of the Children's Code is enacted to read:
"[NEW MATERIAL] FEDERAL BENEFITS PROVIDED TO CHILDREN IN THE LEGAL CUSTODY OF THE DEPARTMENT--ELIGIBILITY DETERMINATIONS.--
A. Within sixty days after a child enters the department's legal custody, and annually thereafter, the department shall determine whether the child is currently receiving or is eligible to receive federal benefits.
B. If it is determined that a child in the legal custody of the department is already receiving federal benefits, the department shall:
(1) in consultation with the child and the following individuals, identify the child's representative payee: the child's attorney; the child's custodian; the child's guardian; the child's guardian ad litem; or the child's Indian tribe, if the child is known to be an Indian child; or
(2) apply to become the child's representative payee; provided that no other candidate is available.
C. If the department determines that a child is eligible for benefits administered by the federal government, the department shall apply:
(1) for those benefits on behalf of the child; and
(2) to become the child's representative payee if no other candidate is available."
SECTION 4. A new section of the Children's Code is enacted to read:
"[NEW MATERIAL] FEDERAL BENEFITS PROVIDED TO CHILDREN IN THE LEGAL CUSTODY OF THE DEPARTMENT--OBLIGATIONS OF THE DEPARTMENT WHEN ACTING AS THE REPRESENTATIVE PAYEE.--If the department becomes the representative payee of a child in the legal custody of the department, the department shall:
A. establish an appropriate account to use and conserve the child's federal benefits, in the child's best interest, for current unmet needs and future needs pursuant to the requirements of the funding source and any applicable asset and resource limits;
B. annually determine whether a person, other than the department, is available to assume the role of representative payee and could better serve in that role, in the child's best interest;
C. notify the child and the following individuals of any application, decision or appeal related to a child's federal benefits: the child's attorney; the child's custodian; the child's guardian; the child's guardian ad litem; or the child's Indian tribe, if the child is known to be an Indian child. In providing notice of any denial of benefits, the department shall consult with the child's attorney and appeal the denial if it is in the child's best interest;
D. provide an annual accounting as to the use, application or conservation of the child's federal benefits to the child and the following individuals: the child's attorney; the child's custodian; the child's guardian; the child's guardian ad litem; or the child's Indian tribe, if the child is known to be an Indian child; and
E. avoid receiving overpayment of federal benefits and pay any discovered overpayment to the appropriate federal agency."
SECTION 5. A new section of the Children's Code is enacted to read:
"[NEW MATERIAL] PROHIBITED USE OF FEDERAL BENEFITS.--If the department is the child's representative payee, the department shall not use a child's federal benefits to pay for or reimburse the department for any of the costs of the child's care; however, the department may use those benefits to pay for the child's unmet needs beyond what the department is obligated or required or has agreed to pay."
SECTION 6. A new section of the Children's Code is enacted to read:
"[NEW MATERIAL] RELEASE OF REMAINING FEDERAL BENEFIT FUNDS UPON TERMINATION OF LEGAL CUSTODY.--If the department is the child's representative payee, upon termination of the department's legal custody of a child, the department shall release any remaining funds to the child's credit pursuant to the requirements of the funding source. In the absence of any requirements, the department shall release the funds to:
A. the child, if the child is at least eighteen years old or emancipated; or
B. the child's parent or guardian, if the child is younger than eighteen years old or not emancipated."
SECTION 7. A new section of the Children's Code is enacted to read:
"[NEW MATERIAL] REPORTING.--Beginning September 1, 2025 and annually thereafter, the department shall submit a report to the legislative health and human services committee that includes:
A. the number of children in its custody who receive federal benefits;
B. the type of federal benefits;
C. the manner in which those benefits are conserved; and
D. the amounts of federal benefits used and conserved."
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