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To: Youth and Family Affairs
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representatives Yancey, Hurst, Anthony,
Scott
HOUSE BILL NO. 1758
(As Sent to Governor)
AN ACT TO ESTABLISH THE FOSTER YOUTH EARNED BENEFITS 1
PROTECTION FOR SUCCESS ACT; TO PROVIDE THAT WHEN A CHILD ENTERS 2
INTO THE CARE AND CUSTODY OF THE DEPARTMENT OF CHILD PROTECTION 3
SERVICES (CPS), THE DEPARTMENT SHALL DETERMINE IF A CHILD IS 4
ELIGIBLE OR RECEIVING EARNED FEDERAL BENEFITS; TO PROVIDE THAT A 5
REPRESENTATIVE PAYEE MAY BE APPROPRIATE IN CERTAIN CIRCUMSTANCES; 6
TO REQUIRE CPS TO CONDUCT AN ANNUAL REVIEW REGARDING ELIGIBILITY 7
OF SUCH BENEFITS FOR A CHILD; TO PROVIDE THAT CPS SHALL DEVELOP 8
AND IMPLEMENT A SUCCESS SEQUENCE SAVINGS AND DISBURSEMENT PLAN FOR 9
EACH CHILD WITH CONSERVED EARNED BENEFITS; AND FOR RELATED 10
PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. This act shall be known and may cited as the 13
"Foster Youth Earned Benefits Protection for Success Act". 14
SECTION 2. (1) For all children in the care and custody of 15
the Department of Child Protection Services (CPS), which may also 16
be referred to as "department" throughout this act, the department 17
shall determine within sixty (60) days after entry into care 18
whether each child is receiving or eligible for earned federal 19
benefits administered by the Social Security Administration or the 20
Department of Veterans Affairs, including survivors' or dependent 21
benefits. 22
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(2) If CPS determines that a child is eligible or may be 23
eligible for such earned benefits, the department shall apply for 24
the benefits on behalf of the child in accordance with federal 25
law. 26
SECTION 3. (1) If a child is already receiving earned 27
federal benefits before entering CPS, or if CPS applies for 28
benefits on behalf of the child, the department shall, in 29
consultation with the child and the child's attorney, identify an 30
appropriate representative payee consistent with Title 20 Code of 31
Federal Regulations Sections 404.2021 and 416.621, and shall apply 32
to become the representative payee only if no other suitable 33
candidate is available. 34
(2) If CPS is appointed to serve as the representative 35
payee, the department: 36
(a) Shall not use any of the child's earned federal 37
benefits, savings, or assets to pay for or reimburse the 38
department or this state for any cost of the child's care, 39
maintenance, supervision, or services. 40
(b) May use the child's earned benefits only for unmet 41
needs of the child that are beyond those the department is 42
obligated or agrees to pay. 43
(c) Shall establish and maintain an account to conserve 44
the child's earned benefits in the child's best interest and 45
consistent with federal and state asset and resource limits. 46
Acceptable account types include: 47
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(i) A special needs trust; 48
(ii) A pooled special needs trust; 49
(iii) An Achieving a Better Life Experience (ABLE) 50
account established pursuant to 26 United States Code Section 51
529A; or 52
(iv) Any other account or trust vehicle determined 53
not to interfere with eligibility for public benefits. 54
(d) Shall provide an annual accounting of the use, 55
application, or conservation of the child's earned benefits to the 56
child, the child's attorney, and, if parental rights have not been 57
terminated, to the child's parents or guardians. 58
(e) Shall periodically review whether another qualified 59
person or entity could serve as representative payee in the 60
child's best interest and, if so, shall assist in transferring 61
that role. 62
SECTION 4. (1) CPS shall provide written notice to the 63
child, the child's parents (unless parental rights have been 64
terminated), the child's guardian, the child's current placement, 65
and the child's attorney of any application for benefits, 66
decision, appeal, or appellate determination related to the 67
child's earned benefits. 68
(2) If benefits are denied, the department shall consult 69
with the child's attorney and appeal the denial if it is in the 70
child's best interests. 71
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SECTION 5. CPS shall review each case annually to determine 72
whether a child in care has become newly eligible for earned 73
federal benefits after the department's initial determination. 74
SECTION 6. (1) CPS shall develop and implement a Success 75
Sequence Savings and Disbursement Plan for each child with 76
conserved earned benefits. 77
(2) Under the plan, a child may access a portion of 78
conserved benefits upon completion of specific milestones that 79
promote independence and financial readiness, including, but not 80
limited to: 81
(a) Obtaining a driver's license or state 82
identification card; 83
(b) Graduating from high school or receiving a 84
recognized equivalent; 85
(c) Enrolling in a postsecondary education, vocational 86
training, or apprenticeship program; 87
(d) Maintaining verified employment for at least six 88
(6) consecutive months; and 89
(e) Completing a department-approved financial literacy 90
or savings readiness program. 91
(3) CPS shall determine reasonable disbursement thresholds 92
and amounts for each milestone to promote long-term savings while 93
rewarding progress toward self sufficiency. 94
(4) The department shall ensure that all youth participating 95
in the program have access to financial literacy instruction and 96
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ST: Foster Youth Earned Benefits Protection for
Success Act; enact.
counseling to support effective use of milestone payments and 97
long-term asset building. 98
SECTION 7. Upon termination of CPS's custody or legal 99
responsibility for the child, the department shall release any 100
remaining conserved funds as follows: 101
(a) To the child, if the child is at least eighteen 102
(18) years of age or emancipated; or 103
(b) To the person responsible for the child, if the 104
child remains a minor and is not emancipated. 105
SECTION 8. CPS may adopt rules consistent with federal law 106
to implement this act, including rules governing account 107
management, milestone disbursements, reporting, financial literacy 108
education, and oversight. 109
SECTION 9. This act shall take effect and be in force from 110
and after July 1, 2026. 111