S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8036
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 22, 2025
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Social Services
 
 AN  ACT  to  amend  the  social  services  law, in relation to requiring
   commissioners of local social services districts to screen, apply for,
   and use and conserve retirement, survivors and  disability  insurance,
   supplemental security income, veterans' and other federal social secu-
   rity benefits on behalf of children placed in foster care
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 6 of section 398 of the social services law  is
 amended  by  adding  three  new  paragraphs  (q), (r) and (s) to read as
 follows:
   (Q) FOR ALL CHILDREN IN FOSTER CARE, A COMMISSIONER SHALL: (I)  SCREEN
 FOR  POTENTIAL  ELIGIBILITY  FOR  RETIREMENT,  SURVIVORS  AND DISABILITY
 INSURANCE, SUPPLEMENTAL SECURITY INCOME, VETERANS', OR ANY OTHER FEDERAL
 SOCIAL SECURITY BENEFITS AND APPLY FOR SUCH BENEFITS ON  BEHALF  OF  ANY
 CHILD  DETERMINED  TO  BE POTENTIALLY ELIGIBLE WITHIN SIXTY DAYS OF SUCH
 CHILD ENTERING FOSTER CARE.
   (II) RESCREEN ALL CHILDREN IN FOSTER CARE ANNUALLY FOR ELIGIBILITY FOR
 ALL FEDERAL BENEFITS, AND WITHIN THIRTY  DAYS  OF  RECEIPT  OF  ANY  NEW
 INFORMATION  TENDING  TO INDICATE THAT A CHILD MAY BE ELIGIBLE FOR BENE-
 FITS AND APPLY FOR SUCH BENEFITS ON BEHALF  OF  ANY  SUCH  CHILD  WITHIN
 SIXTY DAYS OF THE DETERMINATION OF SUCH POTENTIAL ELIGIBILITY.
   (III)  PROVIDE  NOTICE  TO  A  CHILD,  SUCH CHILD'S ATTORNEY, AND SUCH
 CHILD'S PARENT OR PARENTS OR LEGAL GUARDIAN OR GUARDIANS OF ANY APPLICA-
 TION, DECISION, COMMUNICATION, OR APPEAL RELATED TO SUCH CHILD'S RETIRE-
 MENT, SURVIVORS AND DISABILITY INSURANCE, SUPPLEMENTAL SECURITY  INCOME,
 VETERANS' OR ANY OTHER FEDERAL SOCIAL SECURITY BENEFITS.
   (IV)  FOR  EACH  CHILD  THE COMMISSIONER DETERMINES MAY POTENTIALLY BE
 ELIGIBLE FOR BENEFITS, IDENTIFY AN APPROPRIATE REPRESENTATIVE PAYEE,  IN
 COOPERATION  WITH  SUCH CHILD, SUCH CHILD'S FAMILY, AND THE ATTORNEY FOR
 SUCH CHILD, PURSUANT TO THE ESTABLISHED CATEGORIES OF  PREFERRED  PAYEES
 IN  20 C.F.R. §§ 404.2021 AND 416.621. THE COMMISSIONER SHALL SEEK TO BE
 APPOINTED AS THE REPRESENTATIVE PAYEE ONLY WHEN THERE IS NO OTHER APPRO-
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11060-02-5
 A. 8036                             2

 PRIATE PREFERRED PAYEE AVAILABLE WHO AGREES  TO  USE  AND  PRESERVE  THE
 BENEFITS IN THE INTEREST OF A CHILD.
   (R)  FOR  EACH  CHILD FOR WHOM A COMMISSIONER IS APPOINTED TO SERVE AS
 THE REPRESENTATIVE PAYEE, SUCH COMMISSIONER SHALL:  (I)  MEET  REGULARLY
 WITH  ANY  CHILD WHO IS DEVELOPMENTALLY ABLE TO PARTICIPATE IN FINANCIAL
 PLANNING AND SUCH CHILD'S ATTORNEY TO DEVELOP A PLAN TO USE AND CONSERVE
 THE BENEFITS.
   (II) USE THE PAYMENTS TO MEET THE  CHILD'S  SPECIFIC  IMMEDIATE  UNMET
 NEEDS,  AS DETERMINED IN COOPERATION WITH SUCH CHILD, SUCH CHILD'S CARE-
 TAKER, AND SUCH CHILD'S ATTORNEY. BENEFITS MAY  BE  USED  TO  MEET  SUCH
 CHILD'S NEEDS FOR GOODS OR SERVICES NOT PROVIDED THROUGH THE FOSTER CARE
 SYSTEM  AND  THAT  ARE  NOT  COVERED  BY  SUCH CHILD'S HEALTH INSURANCE,
 INCLUDING BUT NOT LIMITED TO, DISABILITY AIDS, SCHOOL TUITION, A CAR, OR
 TOOLS OF THE TRADE FOR EMPLOYED YOUTH.
   (III) MONITOR THE FEDERAL AND STATE ASSET LIMITATIONS ON FEDERAL BENE-
 FITS, AND DEPOSIT ANY BENEFITS THAT ARE SUBJECT TO SUCH ASSET LIMITATION
 AND ARE NOT USED TO MEET THE CHILD'S IMMEDIATE NEEDS IN A SPECIAL  NEEDS
 TRUST,  A POOLED SPECIAL NEEDS TRUST, AN ACHIEVING A BETTER LIFE EXPERI-
 ENCE (ABLE) ACCOUNT UNDER 26 U.S. CODE § 529A, OR OTHER TRUST ACCOUNT OR
 LEGAL MECHANISM THAT WILL ALLOW A CHILD TO SAVE IN EXCESS OF ANY FEDERAL
 AND STATE ASSET LIMITATIONS, IN ACCORDANCE WITH 20 C.F.R. § 416.645.
   (IV) PROVIDE THE CHILD AND THE ATTORNEY FOR SUCH CHILD WITH AN  ANNUAL
 ACCOUNTING OF THE USE OR CONSERVATION OF SUCH CHILD'S BENEFITS.
   (V)  UPON  DISCHARGE FROM FOSTER CARE, TRANSFER ALL CONSERVED FUNDS TO
 THE NEW REPRESENTATIVE PAYEE OR THE CHILD, AS APPROPRIATE.
   (VI) DECLINE TO USE A CHILD'S BENEFITS TO REIMBURSE THE  LOCAL  SOCIAL
 SERVICES DISTRICT FOR THE COSTS ASSOCIATED WITH MAINTAINING ANY CHILD IN
 THE  CARE AND CUSTODY OR THE CUSTODY AND GUARDIANSHIP OF THE COMMISSION-
 ER, INCLUDING THE ADMINISTRATIVE COSTS ASSOCIATED WITH FOSTER CARE.
   (S) FOR ALL CHILDREN IN FOSTER CARE, A COMMISSIONER SHALL: (I) PROVIDE
 ALL REPRESENTATIVE PAYEES AND BENEFICIARIES WITH INFORMATION ABOUT  WHAT
 IS  LEGALLY  REQUIRED  UNDER  LAW  REGARDING THE USE AND CONSERVATION OF
 FEDERAL BENEFITS.
   (II) ASSIST ANY CHILD WHO  MAY  QUALIFY  TO  BE  THEIR  OWN  PAYEE  IN
 COMPLETING AN APPLICATION TO BECOME THE PAYEE FOR SUCH CHILD'S BENEFITS.
   (III) ASSIST ANY CHILD WHO NEEDS TO BE RE-CERTIFIED TO REMAIN ELIGIBLE
 FOR  A BENEFIT AFTER REACHING THE AGE OF MAJORITY TO BE RE-CERTIFIED FAR
 ENOUGH IN ADVANCE OF SUCH CHILD REACHING THE AGE OF MAJORITY TO AVOID  A
 GAP IN THE PROVISION OF SUCH BENEFIT.
   (IV) FOR ANY CHILD WHO THE COMMISSIONER ANTICIPATES WILL BE DISCHARGED
 FROM  CARE  WITHIN  THREE  MONTHS,  AND WHO IS NOT ABLE TO SERVE AS SUCH
 CHILD'S OWN REPRESENTATIVE PAYEE, IDENTIFY AN APPROPRIATE REPRESENTATIVE
 PAYEE, IN COOPERATION WITH SUCH CHILD,  SUCH  CHILD'S  FAMILY,  AND  THE
 ATTORNEY  FOR  SUCH  CHILD,  PURSUANT  TO  THE ESTABLISHED CATEGORIES OF
 PREFERRED PAYEES IN 20 C.F.R. §§ 404.2021 AND 416.621,  AND  ASSIST  THE
 IDENTIFIED  INDIVIDUAL IN PROCESSING AN APPLICATION TO BECOME THE REPRE-
 SENTATIVE PAYEE.
   (V) PROVIDE AT LEAST FIVE HOURS OF DEVELOPMENTALLY APPROPRIATE  FINAN-
 CIAL  LITERACY AND SKILL BUILDING ANNUALLY FOR ALL CHILDREN AGE FOURTEEN
 OR OLDER, AND FOR ALL FAMILY MEMBERS WHO WILL SERVE AS A  REPRESENTATIVE
 PAYEE  FOR  A  CHILD.  SUCH TRAINING SHALL INCLUDE SKILL BUILDING AROUND
 PROPER USE AND CONSERVATION OF BENEFITS, INCLUDING THE USE  OF  SPECIAL-
 IZED  ACCOUNTS ENUMERATED IN SUBPARAGRAPH (III) OF PARAGRAPH (R) OF THIS
 SUBDIVISION.
   § 2. This act shall take effect immediately.