Read the full stored bill text
HOUSE BILL 26-1347
BY REPRESENTATIVE(S) Gilchrist and Brown, Camacho, Clifford,
Froelich, Stewart R., Willford, Bacon, Boesenecker, Bradley, Carter, Duran,
English, Jackson, Joseph, Kettie, Lieder, Lindsay, McCormick, Nguyen,
Phillips, Ricks, Rutinel, Sirota, Smith, Stewart K., Story, Weinberg,
McCluskie;
also SENATOR(S) Daugherty and Ball, Amabile, Benavidez, Cutter, Exum,
Gonzales J., Jodeh, Kipp, Lindstedt, Wallace, Weissman, Coleman.
CONCERNING CHANGING PRACTICES RELATED TO FEDERAL BENEFITS FOR
YOUTH IN FOSTER CARE.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 19-7-105, amend
(l)(b) introductory portion, (2), (3)(b), (3)(c), (3)(d), (3)(e), (3)(f), (4),
(5)(a) introductory portion, (5)(a)(III), (5)(b ), (6)(a)(I), (6)(a)(II), (6)(a)(III),
(8) introductory portion, (8)(b), (8)(c), (8)(h), and (9); and add (l)(d),
(3)(a.5), (3)(c.5), (5)(a)(Il.5), and (8)(a.5) as follows:
19-7-105. Federal benefits for children and youth in foster care
-rules -legislative intent -legislative declaration -definitions.
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
( 1) (b) The general assembly further declares its intent to ensure that
ALL federal benefits, INCLUDING SURVIVOR BENEFITS AND DISABILITY
BENEFITS, provided to children or youth in foster care are set aside
specifically for the use of individual children or youth in foster care,
thereby:
(d) WITH RESPECT TO FEDERAL SUPPLEMENTAL SECURITY INCOME
BENEFITS FOR WHICH A CHILD OR YOUTH MAY QUALIFY BASED ON
DISABILITY, IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT:
(I) ALL CHILDREN AND YOUTH ENTERING THE FOSTER CARE SYSTEM
BE SCREENED FOR POTENTIAL ELIGIBILITY FOR FEDERAL BENEFITS,
INCLUDING FEDERAL SUPPLEMENTAL SECURITY INCOME;
(II) TRANSPARENCY REGARDING HOW FEDERAL SUPPLEMENTAL
SECURITY INCOME IS BEING SPENT AND MANAGED ON BEHALF OF CHILDREN
AND YOUTH IN THE FOSTER CARE SYSTEM BE INCREASED; AND
(111) WITH SUPPORT FROM THE STATE DEPARTMENT, COUNTY
DEPARTMENTS IMPROVE THEIR CAPACITY AND CAPITALIZE ON COMMUNITY
RESOURCES TO APPLY FOR AND MANAGE FEDERAL SUPPLEMENT AL SECURITY
INCOME ON BEHALF OF CHILDREN AND YOUTH IN THE FOSTER CARE SYSTEM.
(2) As used in this section, unless the context otherwise requires:
(a) "COST OF CARE" HAS THE MEANING SET FORTH IN SECTION
19-1-103.
(b) "FEDERAL SUPPLEMENTAL SECURITY INCOME" MEANS BENEFITS
AUTHORIZED PURSUANT TO TITLE XVI OF THE FEDERAL "SOCIAL SECURITY
ACT", 42 U.S.C. SEC. 1381 ET SEQ.
W (c) "Federal survivor benefits" means survivor benefits that are
administered by the United States social security administration, veterans
benefits administration, or the railroad retirement board and that are based
on the eligibility of an insured parent.
th} ( d) "Interested party" means a child or youth; the child's or
youth's counsel for youth; a parent and the parent's counsel, unless parental
rights have been terminated or there is a court order restricting access; the
PAGE 2-HOUSE BILL 26-1347
individual with whom the child or youth is currently placed; the guardian
ad litem; or other party who may have information about the child's or
youth's eligibility for or receipt of federal survivor benefits OR FEDERAL
SUPPLEMENTAL SECURITY INCOME.
(3)(a.5)(1) BEGINNING ON OR BEFORE JULY 1, 2028, IF THE COUNTY
DEPARTMENT IS GRANTED CUSTODY OF OR AUTHORITY FOR OUT-OF-HOME
PLACEMENT OF A CHILD OR YOUTH WHO IS UNDER SIX YEARS OLD, THE
COUNTY DEPARTMENT SHALL REFER THE CHILD OR YOUTH TO THE
APPROPRIATE ST A TE OR LOCAL AGENCY FOR DEVELOPMENT AL SCREENING
WITHIN FORTY-FIVE DAYS AFTER THE CHILD'S OR YOUTH'S OUT-OF-HOME
PLACEMENT. IF THE CHILD OR YOUTH IS SIX YEARS OLD OR OLDER, THE
INITIAL MEDICAL INTAKE MUST INCLUDE AN EVALUATION OF THE CHILD'S OR
YOUTH'S POTENTIAL GROWTH OR DEVELOPMENT ISSUES, PHYSICAL OR
BEHAVIORAL HEALTH ISSUES, AND OTHER FACTORS OR CONDITIONS
RELEVANT TO WHETHER THE CHILD OR YOUTH MEETS THE REQUIREMENTS
FOR FEDERAL SUPPLEMENTAL SECURITY INCOME.
(II) IF THE COUNTY DEPARTMENT DETERMINES THAT A CHILD OR
YOUTH MAY BE ELIGIBLE TO RECEIVE FEDERAL SUPPLEMENTAL SECURITY
INCOME AND THE UNITED STATES SOCIAL SECURITY ADMINISTRATION IS
ACCEPTING APPLICATIONS FOR FEDERAL SUPPLEMENTAL SECURITY INCOME,
THE COUNTY DEPARTMENT SHALL INITIATE THE APPLICATION PROCESS
PURSUANTTOSUBSECTION (3)(d) OF THIS SECTION WITHIN FORTY-FIVE DAYS
AFTER RECEIVING:
(A) THE INFORMATION FROM A SCREENING DESCRIBED IN
SUBSECTION (3)(a.5)(1) OF THIS SECTION THAT THE COUNTY DEPARTMENT
USED TO DETERMINE THE CHILD OR YOUTH MAY BE ELIGIBLE TO RECEIVE
FEDERAL SUPPLEMENT AL SECURITY INCOME; AND
(B) THE DOCUMENTATION NECESSARY TO COMPLETE AN
APPLICATION FOR FEDERAL SUPPLEMENTAL SECURITY INCOME ON BEHALF OF
THE CHILD OR YOUTH.
(111) WHEN A CHILD IS ENROLLED IN THE CHILDREN'S HABILIT ATION
RESIDENTIAL PROGRAM WAIVER ESTABLISHED PURSUANT TO SECTION
25.5-6-903 (4), THE COUNTY DEPARTMENT SHALL APPLY FOR FEDERAL
SUPPLEMENTAL SECURITY INCOME ON BEHALF OF THE CHILD IF AN
APPLICATION FOR FEDERAL SUPPLEMENT AL SECURITY INCOME HAS NOT
PAGE 3-HOUSE BILL 26-1347
ALREADY BEEN SUBMITTED ON THE CHILD'S BEHALF OR THE CHILD HAS
COUNT ABLE RESOURCES THAT EXCEED THE THRESHOLD ESTABLISHED BY THE
UNITED ST A TES SOCIAL SECURITY ADMINISTRATION.
(b) Beginning on or before July 1, 2027, if a county department
makes an initial determination that the child or youth is not likely to be
eligible for federal survivor benefits OR, BEGINNING ON OR BEFORE JUL y 1,
2028, IF A COUNTY DEPARTMENT MAKES AN INITIAL DETERMINATION THAT
THE CHILD OR YOUTH IS NOT LIKELY TO BE ELIGIBLE FOR FEDERAL
SUPPLEMENTAL SECURITY INCOME, the county department shall annually
review the case of the child or youth WHEN THE COUNTY DEPARTMENT
RECEIVES NEW, RELEVANT INFORMATION, BUT AT LEAST ANNUALLY AS PART
OF THE CHILD'S OR YOUTH'S ANNUAL MEDICAL EXAM, to determine whether
circumstances have changed to make the child or youth POTENTIALLY
eligible for federal survivor benefits OR FEDERAL SUPPLEMENTAL SECURITY
INCOME.
( c) In conducting an initial benefit eligibility determination or an
annual review pursuant to this subsection (3), the county department shall
consult with interested parties as necessary to assess the child's or youth's
eligibility for federal survivor benefits OR FEDERAL SUPPLEMENT AL
SECURITY INCOME and to determine, in accordance with applicable federal
law, the most likely, appropriate representative payee or fiduciary.
( c.5) (I) THE COUNTY DEPARTMENT MUST DOCUMENT WHY A CHILD
OR YOUTH IS NOT REASONABLY EXPECTED TO MEET THE ELIGIBILITY
CRITERIA FOR FEDERAL SUPPLEMENTAL SECURITY INCOME IF:
(A) THE COUNTY DEPARTMENT MAKES AN INITIAL OR SUBSEQUENT
DETERMINATION PURSUANT TO THIS SUBSECTION (3) THAT THE CHILD OR
YOUTH IS NOT LIKELY TO BE ELIGIBLE TO RECEIVE FEDERAL SUPPLEMENT AL
SECURITY INCOME; AND
(B) THE COUNTY DEPARTMENT IDENTIFIES A CHILD OR YOUTH AS
HA YING A DISABILITY FOR THE PURPOSES OF COMPLIANCE WITH APPLICABLE
STATE OR FEDERAL REPORTING REQUIREMENTS, INCLUDING REPORTING
REQUIRED PURSUANT TO SECTION 26-5-119 OR 45 CFR 1355.44.
(11) IF THE COUNTY DEPARTMENT MAKES AN INITIAL OR SUBSEQUENT
DETERMINATION PURSUANT TO THIS SUBSECTION (3) THAT A CHILD OR
PAGE 4-HOUSE BILL 26-1347
YOUTH IS LIKELY TO BE ELIGIBLE TO RECEIVE FEDERAL SUPPLEMENTAL
SECURITY INCOME, THE COUNTY DEPARTMENT MUST IDENTIFY THE CHILD OR
YOUTH AS HA YING A DISABILITY FOR THE PURPOSES OF COMPLIANCE WITH
APPLICABLE ST A TE OR FEDERAL REPORTING REQUIREMENTS, INCLUDING
REPORTING REQUIREDPURSUANTT0SECTION 26-5-1190R45 CFR 1355.44.
(d) If the county department determines that the child or youth may
be eligible to receive federal survivor benefits OR FEDERAL SUPPLEMENT AL
SECURITY INCOME and that the county department is, CONSISTENT WITH THE
PREFERRED REPRESENTATIVE PA YEE ORDER OF SELECTION IN FEDERAL LAW
OR RULE, the most appropriate representative payee or fiduciary, then the
county department shall, in compliance with all applicable federal rules and
regulations, apply for the federal survivor benefits OR FEDERAL
SUPPLEMENTAL SECURITY INCOME on behalf of the child or youth. If the
county department determines that the child or youth may be eligible for
federal survivor benefits OR FEDERAL SUPPLEMENTAL SECURITY INCOME but
that the county department is not the most appropriate representative payee
or fiduciary, the county department shall provide information to the
prospective representative payee or fiduciary that the county department has
identified about how to apply for federal survivor benefits OR FEDERAL
SUPPLEMENTAL SECURITY INCOME on behalf of the child or youth and how
to become the child's or youth's representative payee or fiduciary.
(e) Following a denial of federal survivor benefits OR FEDERAL
SUPPLEMENT AL SECURITY INCOME or other adverse benefit eligibility
determination, the county department shall consult with interested parties
and determine whether there are grounds to appeal. If there are grounds to
appeal AND THE COUNTY DEPARTMENT WAS THE ORIGINAL APPLICANT, the
county department shall appeal the denial or adverse determination.
(f) If a child or youth in noncertified kinship care may be eligible for
federal survivor benefits OR FEDERAL SUPPLEMENT AL SECURITY INCOME, the
county department shall provide the noncertified kinship caregiver with
information about how to apply for federal survivor benefits OR FEDERAL
SUPPLEMENTAL SECURITY INCOME on behalf of the child or youth.
( 4) If the county department becomes the representative payee or
fiduciary for a child's or youth's federal survivor benefits OR FEDERAL
SUPPLEMENTAL SECURITY INCOME, the county department shall annually
reassess, in consultation with interested parties, whether a candidate other
PAGE 5-HOUSE BILL 26-134 7
than the county department would be a preferable representative payee or
fiduciary. IF LEGAL CUSTODY OF THE CHILD OR YOUTH IS TRANSFERRING
FROM THE COUNTY DEPARTMENT TO ANOTHER INDIVIDUAL, THE COUNTY
DEPARTMENT SHALL REASSESS, IN CONSULTATION WITH INTERESTED
PARTIES, THE DESIGNATION OF THE REPRESENTATIVE PAYEE OR FIDUCIARY.
A DECISION REGARDING THE MOST APPROPRIATE REPRESENTATIVE PA YEE OR
FIDUCIARY MUST BE CONSISTENT WITH THE PREFERRED REPRESENTATIVE
PA YEE ORDER OF SELECTION IN FEDERAL LAW OR RULE.
(5) (a) Beginning on or before July 1, 2027, INTHECASEOFFEDERAL
SURVIVOR BENEFITS, AND BEGINNING ON OR BEFORE JULY 1, 2028, IN THE
CASE OF FEDERAL SUPPLEMENT AL SECURITY INCOME, if a county department
is the representative payee or fiduciary for a child or youth, the county
department shall:
(Il.5) IF A CHILD OR YOUTH IS RECEIVING FEDERAL SUPPLEMENTAL
SECURITY INCOME, DOCUMENT IN THE STATE AUTOMATED CASE
MANAGEMENT SYSTEM ALL EXPENDITURES, INCLUDING, BUT NOT LIMITED
TO, EXPENDITURES FROM FEDERAL SUPPLEMENT AL SECURITY INCOME, MADE
ON BEHALF OF THE CHILD OR YOUTH BY NEED TYPE AND FUNDING SOURCE.
IF THE COUNTY DEPARTMENT IS THE REPRESENTATIVE PA YEE OR FIDUCIARY,
THE COUNTY DEPARTMENT MUST COMPLY WITH FEDERAL LAW AND RULES
REGARDING MEETING WITH THE CHILD OR YOUTH AND INTERESTED PARTIES
TO DETERMINE THE CHILD'S OR YOUTH'S REASONABLE AND FORESEEABLE
NEEDS.
(III) Provide an annual accounting of the accumulation of the child's
or youth's federal survivor benefits OR FEDERAL SUPPLEMENT AL SECURITY
INCOME to the child or youth and the legal representative of the child or
youth. IF THE CHILD OR YOUTH RECEIVES FEDERAL SUPPLEMENT AL SECURITY
INCOME, THE COUNTY DEPARTMENT SHALL PROVIDE THE CHILD OR YOUTH
AND THE LEGAL REPRESENTATIVE OF THE CHILD OR YOUTH WITH AN ANNUAL
ACCOUNTING OF THE EXPENDITURES DOCUMENTED PURSUANT TO
SUBSECTION (5)(a)(Il.5) OF THIS SECTION. COUNTY DEPARTMENT PERSONNEL
SHALL ANNUALLY SHARE THE ACCOUNTING INFORMATION WITH THE CHILD
OR YOUTH AND THE LEGAL REPRESENTATIVE OF THE CHILD OR YOUTH. The
annual accounting information must include:
(A) The amount and source of federal survivor benefits OR FEDERAL
SUPPLEMENTAL SECURITY INCOME collected by the county department and,
PAGE 6-HOUSE BILL 26-1347
IF APPLICABLE, THE AMOUNT credited to the EACH account maintained on
behalf of the child or youth;
(B) The balance of the EACH account maintained on behalf of the
child or youth; and
(C) Information regarding the child's or youth's accounts and
earnings related to those accounts, if applicable, and any additional assets
and resources, including benefits, insurance, cash assets, trust accounts, and
earnings, if the assets or resources are controlled by the county department;
AND
(D) FOR A CHILD OR YOUTH RECEIVING FEDERAL SUPPLEMENTAL
SECURITY INCOME, INFORMATION ABOUT THE EXPENDITURES MADE ON
BEHALF OF THE CHILD OR YOUTH BY NEED TYPE AND FUNDING SOURCE.
(b) If a county department is not the representative payee or
fiduciary for a child's or youth's federal survivor benefits OR FEDERAL
SUPPLEMENTAL SECURITY INCOME, the county department is not responsible
for establishing or maintaining an account for deposit of the federal
survivor benefits OR FEDERAL SUPPLEMENTAL SECURITY INCOME of the child
or youth or providing related accounting information pursuant to subsection
(5)(a) of this section.
( 6) (a) The county department shall provide timely, developmentally
appropriate notice to the parties, unless prevented by a court order, of:
(I) Submission of an application for federal survivor benefits OR
FEDERAL SUPPLEMENT AL SECURITY INCOME on behalf of a child or youth;
(II) Submission of a request for the county department to become
the representative payee or fiduciary for the child's or youth's federal
survivor benefits OR FEDERAL SUPPLEMENTAL SECURITY INCOME and
identification of the representative payee or fiduciary ultimately selected;
(111) Receipt by the county department of a federal agency's decision
regarding federal survivor benefits OR FEDERAL SUPPLEMENTAL SECURITY
INCOME, inc]uding denial, termination, or reduction of federal survivor
benefits OR FEDERAL SUPPLEMENTAL SECURITY INCOME;
PAGE 7-HOUSE BILL 26-1347
(8) On or before January 1, 2027, IN THE CASE OF FEDERAL
SURVIVOR BENEFITS, AND BEGINNING ON OR BEFORE JANUARY 1, 2028, IN
THE CASE OF FEDERAL SUPPLEMENT AL SECURITY INCOME, the STA TE
department, of human set \1 ices, in consultation with interested stakeholders,
including, but not limited to, county departments, organizations that
advocate on behalf of youth in foster care, organizations that represent
court-appointed special advocates, organizations that advocate on behalf of
disability rights, the office ofrespondent parents' counsel, and the office of
the child's representative, shall adopt rules consistent with applicable state
and federal law for the implementation of this section. The rules must
include guidance to the county departments on:
( a.5) SCREENING PROCESSES FOR IDENTIFYING WHETHER A CHILD OR
YOUTH IS ALREADY RECEIVING FEDERAL SUPPLEMENT AL SECURITY INCOME
OR MAY BE ELIGIBLE TO RECEIVE FEDERAL SUPPLEMENTAL SECURITY INCOME
AND SCREENING PROCESSES FOR SUBSEQUENT ANNUAL ELIGIBILITY REVIEWS.
(b) Best practices for consulting with the child or youth or other
interested parties who may have information about the child's or youth's
receipt of or eligibility for federal survivor benefits OR FEDERAL
SUPPLEMENTAL SECURITY INCOME;
( c) The application process for federal survivor benefits OR FEDERAL
SUPPLEMENTAL SECURITY INCOME for each child or youth, who, pursuant to
screening, is likely to be determined eligible; fut federal sunivo1 benefits,
(h) Specifications for providing required notices regarding federal
survivor benefit OR FEDERAL SUPPLEMENTAL SECURITY INCOME
applications, applications for a county department to become a
representative payee or fiduciary, receipt of decisions regarding federal
SUI vivot benefit eligibility, appeals of denials, and establishment of
accounts; and
(9) (a) The department of human services shall provide ONGOING
technical assistance and guidance to the county departments about how the
county departments: shall address saving federal SUI v i'1ot benefits in the
best interests of a child m youth.
(I) APPLY FOR FEDERAL SURVIVOR BENEFITS OR FEDERAL
SUPPLEMENT AL SECURITY INCOME ON BEHALF OF A CHILD OR YOUTH;
PAGE 8-HOUSE BILL 26-1347
(II) STREAMLINE DISABILITY SCREENING PROCESSES TO ENSURE THAT
COUNTY DEPARTMENTS ACCURATELY IDENTIFY A CHILD OR YOUTH WITH A
DISABILITY IN ACCORDANCE WITH STATE AND FEDERAL REPORTING
REQUIREMENTS AND ELIGIBILITY REQUIREMENTS FOR STATE MEDICAL
ASSISTANCE PROGRAM WAIVERS AND FEDERAL SUPPLEMENT AL SECURITY
INCOME;
(III) CAPITALIZE ON COMMUNITY RESOURCES, INCLUDING BENEFIT
PLANNERS, IN FEDERAL SUPPLEMENTAL SECURITY INCOME APPLICATION,
BENEFIT MANAGEMENT, AND PLANNING ON BEHALF OF A CHILD OR YOUTH;
(IV) MINIMIZE COUNTY DEPARTMENT RISK IN ESTABLISHING AND
MAINTAINING AN ACCOUNT ON BEHALF OF A CHILD OR YOUTH PURSUANT TO
THIS ARTICLE 7; AND
(V) ADDRESS SA YING FEDERAL SURVIVOR BENEFITS IN THE BEST
INTERESTS OF A CHILD OR YOUTH.
(b) IN PROVIDING THE TECHNICAL ASSISTANCE AND GUIDANCE
REQUIRED PURSUANT TO THIS SUBSECTION (9)) THE STATE DEPARTMENT
SHALL MAXIMIZE EFFICIENCIES BY COO RD INA TING STAFF SUPPORT FOR BOTH
FEDERAL SURVIVOR BENEFITS AND FEDERAL SUPPLEMENTAL SECURITY
INCOME OBTAINED PURSUANT TO THIS SECTION.
SECTION 2. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
PAGE 9-1-IOUSE BILL 26-1347
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
J~
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
v~ ~
Vanessa Reilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
PRESIDENT OF
THE SENATE
Esther van Mourik
SECRETARY OF
THE SENATE
APPROVED OY\ VV\o\'\J.C\1 j"\ML \ ~-f 202---t:, ~ I La};Jyn
Jared
GO
PAGE IO-HOUSE BILL 26-1347
(Date and Time)
\.,,
E FCOLORADO