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To: Public Health and
Welfare
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Chism
SENATE BILL NO. 2456
AN ACT TO AMEND SECTION 43-15-17, MISSISSIPPI CODE OF 1972, 1
TO PROVIDE A FOSTER YOUTH EARNED BENEFITS PROTECTION FOR SUCCESS 2
PROGRAM UNDER THE DEPARTMENT OF CHILD PROTECTION SERVICES 3
AUTHORITY TO MAKE PAYMENTS FOR SUPPORTIVE SERVICES FOR FOSTER 4
CARE; TO PROVIDE FOR THE DETERMINATION OF ELIGIBILITY AND 5
APPLICATION PROCEDURES, THE REPRESENTATIVE PAYEE, NOTICE AND 6
APPEALS, ANNUAL REVIEW OF ELIGIBILITY, A SUCCESS SEQUENCE 7
MILESTONE DISBURSEMENT PROGRAM, DISBURSEMENTS UPON EXIT FROM CARE, 8
AND TO PROVIDE THE DEPARTMENT WITH RULEMAKING AUTHORITY; AND FOR 9
RELATED PURPOSES. 10
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 11
SECTION 1. Section 43-15-17, Mississippi Code of 1972, is 12
amended as follows: 13
43-15-17. (1) The Department of Child Protection Services 14
is authorized to make such payments as may be appropriate for 15
supportive services to facilitate either the return of children to 16
their natural parents or their adoption, depending upon and 17
contingent upon the availability of the Department of Child 18
Protection Services securing or having sufficient funds to render 19
this supportive service. Upon court order, the parent(s) shall be 20
responsible for reimbursing the department for any foster care or 21
kinship care payments made on behalf of his or her child, based 22
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upon financial ability to pay, until such time as there is a 23
termination of parental rights regarding the child, or the child 24
is adopted. 25
(2) For those children placed in foster care by Child 26
Protection Services, the department shall make monthly payments 27
for the support of these children's room and board, clothing, 28
allowance and personal needs. From and after July 1, 1998, and 29
subject to the availability of funds specifically appropriated 30
therefor, the Department of Child Protection Services' foster care 31
and therapeutic care monthly payment schedule in effect before 32
that date shall be increased by One Hundred Dollars ($100.00) per 33
month, with that minimum payment not to preclude the department 34
from increasing payments in later years as funds become available. 35
From and after July 1, 1998, in order for foster parents to 36
receive the monthly payments authorized under this subsection (2), 37
the Department of Child Protection Services shall require foster 38
care placements to be licensed as foster care homes and shall 39
require prospective foster parents to satisfactorily complete an 40
appropriate training program that emphasizes the goal of the 41
foster care program to provide stable foster placement until a 42
permanency outcome is achieved. 43
(3) For a child placed by the Department of Child Protection 44
Services in the care of any adult related by blood, marriage, or 45
adoption within the third degree or who makes up the family 46
support system of the child, including adults related beyond the 47
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third degrees, godparents, friends of the family, or other adults 48
who have a strong familial bond with the child, unless a child is 49
placed in the care of a relative who is exempt from foster care 50
training requirements, the department shall make monthly payments 51
to defray the relative's expense of furnishing room and board. 52
The department's relative care payment shall be in an amount up to 53
one hundred percent (100%) of the amount of the foster care board 54
payment. The department may continue to make those payments to 55
the relative after the department relinquishes legal custody of 56
the child to the relative if the relative has complied with foster 57
care training requirements. Any such payments for relative care 58
shall be subject to specific appropriation therefor by the 59
Legislature. 60
(4) Determination of eligibility and application. This 61
subsection (4) shall be entitled the "Foster Youth Earned Benefits 62
Protection for Success Program." 63
(a) For all children in the care and custody of the 64
Department of Protective Services, the department shall determine 65
within sixty (60) days after entry into care whether each child is 66
receiving or eligible for earned federal benefits administered by 67
the social security administration or the department of veterans 68
affairs, including survivors' or dependent benefits. 69
(b) If the department determines that a child is 70
eligible or may be eligible for such earned benefits, the 71
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department shall apply for the benefits on behalf of the child in 72
accordance with federal law. 73
(c) If a child is already receiving earned federal 74
benefits before entering the department's care, or if the 75
department applies for benefits on behalf of the child, the 76
department shall, in consultation with the child and the child's 77
attorney, identify an appropriate representative payee consistent 78
with 20 Code of Federal Regulations Sections 404.2021 and 416.621, 79
and shall apply to become the representative payee only if no 80
other suitable candidate is available. 81
(d) If the department is appointed to serve as the 82
representative payee, the department: 83
(i) Shall not use any of the child's earned 84
federal benefits, savings, or assets to pay for or reimburse the 85
department or this state for any cost of the child's care, 86
maintenance, supervision, or services. 87
(ii) May use the child's earned benefits only 88
for unmet needs of the child that are beyond those the department 89
is obligated or agrees to pay. 90
(iii) Shall establish and maintain an account 91
to conserve the child's earned benefits in the child's best 92
interest and consistent with federal and state asset and resource 93
limits. Acceptable account types include: 94
1. A special needs trust. 95
2. A pooled special needs trust. 96
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3. An Achieving a Better Life 97
Experience (ABLE) account established pursuant to 26 United States 98
Code § 529A. 99
4. Any other account or trust vehicle 100
determined not to interfere with eligibility for public benefits. 101
(iv) Shall provide an annual accounting of the 102
use, application, or conservation of the child's earned benefits 103
to the child, the child's attorney, and, if parental rights have 104
not been terminated, to the child's parents or guardians. 105
(v) Shall periodically review whether another 106
qualified person or entity could serve as representative payee in 107
the child's best interest and, if so, shall assist in transferring 108
that role. 109
(e) The department shall provide written notice to 110
the child, the child's parents (unless parental rights have been 111
terminated), the child's guardian, the child's current placement, 112
and the child's attorney of any application for benefits, 113
decision, appeal, or appellate determination related to the 114
child's earned benefits. 115
(f) If benefits are denied, the département shall 116
consult with the child's attorney and appeal the denial if it is 117
in the child's best interests. 118
(g) The department shall review each case annually 119
to determine whether a child in care has become newly eligible for 120
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earned federal benefits after the department's initial 121
determination. 122
(h) The department shall develop and implement a 123
Success Sequence Savings and Disbursement Plan for each child with 124
conserved earned benefits. 125
(i) Under the plan, a child may access a portion of 126
conserved benefits upon completion of specific milestones that 127
promote independence and financial readiness, including, but not 128
limited to: 129
1. Obtaining a driver's license or state 130
identification card. 131
2. Graduating from high school or receiving a 132
recognized equivalent. 133
3. Enrolling in a postsecondary education, 134
vocational training, or apprenticeship program. 135
4. Maintaining verified employment for at 136
least six (6) consecutive months. 137
5. Completing a department-approved financial 138
literacy or savings-readiness program. 139
(j) The department shall determine reasonable 140
disbursement thresholds and amounts for each milestone to promote 141
long-term savings while rewarding progress toward 142
self-sufficiency. 143
(k) The department shall ensure that all youth 144
participating in the program have access to financial literacy 145
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ST: Foster Youth Earned Benefits Protection for
Success Program; provide for foster care under
the Department of Child Protection Services.
instruction and counseling to support effective use of milestone 146
payments and long-term asset building. 147
(l) Upon termination of the department's custody or 148
legal responsibility for the child, the department shall release 149
any remaining conserved funds as follows: 150
1. To the child, if the child is at least 151
eighteen (18) years of age or emancipated. 152
2. To the person responsible for the child, if 153
the child remains a minor and is not emancipated. 154
(m) The Department of Child Protective Services may 155
adopt rules consistent with federal law to implement this 156
subsection (4), including rules governing account management, 157
milestone disbursements, reporting, financial literacy education 158
and oversight. 159
SECTION 2. This act shall take effect and be in force from 160
and after July 1, 2026. 161