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S. B. No. 2571 *SS08/R1252PS* ~ OFFICIAL ~ G1/2
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To: Medicaid
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Taylor, Simmons (13th)
SENATE BILL NO. 2571
(As Passed the Senate)
AN ACT TO DIRECT THE MISSISSIPPI DEPARTMENT OF CHILD 1
PROTECTION SERVICES (DEPARTMENT), FOR ANY CHILD IN THE CARE AND 2
CUSTODY OF THE DEPARTMENT, TO DETERMINE WITHIN 60 DAYS AFTER ENTRY 3
INTO CARE WHETHER THE CHILD IS RECEIVING OR IS ELIGIBLE FOR 4
CERTAIN EARNED FEDERAL BENEFITS; TO DIRECT THE DEPARTMENT TO APPLY 5
FOR SUCH BENEFITS ON BEHALF OF THE CHILD IF A DETERMINATION IS 6
MADE THAT THE CHILD IS OR MAY BE ELIGIBLE; TO DIRECT THE 7
DEPARTMENT TO APPLY TO BECOME THE CHILD'S REPRESENTATIVE PAYEE IF 8
NO OTHER SUITABLE CANDIDATE IS AVAILABLE; TO PROVIDE THE 9
DEPARTMENT'S OBLIGATIONS IF APPOINTED TO SERVE AS THE 10
REPRESENTATIVE PAYEE; TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP 11
AND IMPLEMENT A SUCCESS SEQUENCE SAVINGS AND DISBURSEMENT PLAN FOR 12
EACH CHILD WITH CONSERVED EARNED BENEFITS; TO ENABLE A CHILD TO 13
ACCESS A PORTION OF CONSERVED BENEFITS UPON COMPLETION OF SPECIFIC 14
MILESTONES THAT PROMOTE INDEPENDENCE AND FINANCIAL READINESS; TO 15
PROVIDE FOR THE RELEASE OF ANY REMAINING CONSERVED BENEFITS UPON 16
TERMINATION OF THE DEPARTMENT'S CUSTODY OR LEGAL RESPONSIBILITY 17
FOR THE CHILD; AND FOR RELATED PURPOSES. 18
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 19
SECTION 1. This act shall be known and may be cited as the 20
"Foster Youth Earned Benefits Protection for Success Act." 21
SECTION 2. As used in this act, the following terms shall 22
have the meaning ascribed herein: 23
(a) "Department" means the Mississippi Department of 24
Child Protection Services. 25
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(b) "Plan" means the Success Sequence Savings and 26
Disbursement Plan under Section 6 of this act. 27
SECTION 3. (1) For any child in the care and custody of the 28
department, the department shall determine within sixty (60) days 29
after entry into care whether the child is receiving or is 30
eligible for earned federal benefits administered by the Social 31
Security Administration or the Department of Veterans Affairs, 32
including, but not limited to, survivors' or dependent benefits. 33
(2) If the department determines that a child is eligible or 34
may be eligible for such earned benefits, the department shall 35
apply for the benefits on behalf of the child in accordance with 36
federal law. 37
If a child is already receiving earned federal benefits 38
before entering the care and custody of the Department of Child 39
Safety, or if the department applies for benefits on behalf of the 40
child, the department shall, in consultation with the child and 41
the child's attorney, identify an appropriate representative payee 42
consistent with 20 CFR Sections 404.2021 and 416.621, and shall 43
apply to become the representative payee only if no other suitable 44
candidate is available. 45
(3) If the department is appointed to serve as the 46
representative payee, the department: 47
(a) Shall not use any of the child's earned federal 48
benefits, savings or assets to pay for or reimburse the department 49
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or this state for any cost of the child's care, maintenance, 50
supervision or services. 51
(b) May use the child's earned benefits only for unmet 52
needs of the child that are beyond those the department is 53
obligated or agrees to pay. 54
(c) Shall establish and maintain an account to conserve 55
the child's earned benefits in the child's best interest and 56
consistent with federal and state asset and resource limits. 57
Acceptable account types include: 58
(i) A special needs trust; 59
(ii) A pooled special needs trust; 60
(iii) An ABLE account established pursuant to 26 61
USC § 529A; or 62
(iv) Any other account or trust vehicle determined 63
not to interfere with eligibility for public benefits. 64
(d) Shall provide an annual accounting of the use, 65
application or conservation of the child's earned benefits to the 66
child, the child's attorney, and, if parental rights have not been 67
terminated, to the child's parents or guardians. 68
(e) Shall periodically review whether another qualified 69
person or entity could serve as representative payee in the 70
child's best interest and, if so, shall assist in transferring 71
that role. 72
SECTION 4. (1) The department shall provide written notice 73
to the child, the child's parents (unless parental rights have 74
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been terminated), the child's guardian, the child's current 75
placement and the child's attorney of any application for 76
benefits, decision, appeal or appellate determination related to 77
the child's earned benefits. 78
(2) If benefits are denied, the department shall consult 79
with the child's attorney and appeal the denial if it is in the 80
child's best interests. 81
SECTION 5. The department shall review each case annually to 82
determine whether a child in care has become newly eligible for 83
earned federal benefits after the department's initial 84
determination. 85
SECTION 6. (1) The department shall develop and implement a 86
Success Sequence Savings and Disbursement Plan for each child with 87
conserved earned benefits. 88
(2) Under the plan, a child may access a portion of 89
conserved benefits upon completion of specific milestones that 90
promote independence and financial readiness, including, but not 91
limited to: 92
(a) Obtaining a driver's license or state 93
identification card; 94
(b) Graduating from high school or receiving a 95
recognized equivalent; 96
(c) Enrolling in a postsecondary education, vocational 97
training or an apprenticeship program; 98
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ST: Foster Youth Earned Benefits Protection for
Success Act; enact.
(d) Maintaining verified employment for at least six 99
(6) consecutive months; or 100
(e) Completing a department-approved financial literacy 101
or savings-readiness program. 102
(3) The department shall determine reasonable disbursement 103
thresholds and amounts for each milestone to promote long-term 104
savings while rewarding progress toward self-sufficiency. 105
(4) The department shall ensure that all youth participating 106
in the program have access to financial literacy instruction and 107
counseling to support effective use of milestone payments and 108
long-term asset building. 109
SECTION 7. Upon termination of the department's custody or 110
legal responsibility for the child, the department shall release 111
any remaining conserved benefits as follows: 112
(a) To the child, if the child is at least eighteen 113
(18) years of age or emancipated; or 114
(b) To the person responsible for the child, if the 115
child has not attained age eighteen (18) and is not emancipated. 116
SECTION 8. The department may adopt rules consistent with 117
federal law to implement this act, including rules governing 118
account management, milestone disbursements, reporting, financial 119
literacy education and oversight. 120
SECTION 9. This act shall take effect and be in force from 121
and after July 1, 2026, and shall stand repealed on June 30, 2026. 122