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A2214
ASSEMBLY, No. 2214
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
SYNOPSIS
���� Prohibits DCF from using certain federal benefits to
reimburse State for cost of a child's care; requires DCF to conserve benefits
for child's unmet or future needs.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning federal benefits for children in
foster care and supplementing P.L.1991, c.290 (C.9:6B-1 et. seq.).
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� As used in this act:
���� �Division� means the Division
of Child Protection and Permanency in the Department of Children and Families.
���� �Federal benefits� means any
cash payments from the federal government for which a child may be eligible,
including but not� limited to, Social Security benefits pursuant to Title II of
the Social Security Act (42 U.S.C. s.401 et seq.) and Title XVI of the Social Security
Act (42 U.S.C. s.1381 et seq.), and Veterans Administration benefits.
���� �Representative payee� has the
same meaning as provided in paragraph (j) of Section 405 of Title II of the
Social Security Act (42
U.S.C. s.405(j)(1)(A)) and in
paragraph (a) of Section 1383 of Title
XVI of the Social Security Act (42
U.S.C. s.1383(a)(2)(A)(ii)(I)).
���� 2.��� a.� In the case of a
child in the custody of the division, the Department of Children and Families
shall make a determination as to whether the child is currently receiving, or
is eligible for, federal benefits within sixty days after the child is placed
in the division�s custody.
���� b.��� If the department
determines that the child is eligible or may be eligible for federal benefits,
the department shall apply for such benefits on behalf of the child, after
notifying the child, the child�s attorney, the child�s parent, provided
parental rights have not been terminated, or the child�s guardian.
���� 3.��� a.� If a child is
receiving federal benefits before the division assumes custody of the child, or
if the Department of Children and Families applies for benefits on the child�s
behalf, the department shall:
���� (1)�� identify, in
consultation with the child and the child�s attorney, a representative payee,
in accordance with 20 C.F.R. 404.2021 and 20 C.F.R. 416.621, who shall apply to
become the representative payee for the child�s benefits; or
���� (2)�� apply to become the
representative payee for the child�s benefits, provided no other suitable
candidate is available.
���� b.��� If the department is
appointed to serve as the child�s representative payee under subsection a., the
department:
���� (1)�� is prohibited from using
the child�s federal or other benefits, savings, or assets to offset the State�s
costs for the child�s care; and
���� (2)�� may use the child�s
federal or other benefits, savings, or assets for the child�s current unmet
needs beyond the amount that the department is obligated, required, or agrees
to pay, or may reserve the benefits, savings, or assets for the child�s future
needs.�
���� 4.��� a.� If the Department of
Children and Families is appointed to serve as the representative payee of a
child under the custody of the division, the department shall establish an
account, at a federally insured financial institution, to reserve and use the
child�s federal benefits in the child�s best interest for current unmet and
future needs, in a manner consistent with federal and State asset and resource
limits.
���� b.��� The account established
under subsection a. may include, but shall not be limited to:
���� (1)�� a special needs trust,
established pursuant to P.L.2015, c.276 (C.3B:31-37);
���� (2)�� an Achieving a Better
Life Experience Account, established pursuant to P.L.2015, c.185 (C.52:18A-250
et seq.), in accordance with section 529A of the federal Internal Revenue Code
of 1986, 26 U.S.C. s.529A; or
���� (3)�� any other trust account
determined not to interfere with the income or asset limitations for any
benefit program for which the child is eligible.
���� c.���� The department shall
provide an annual accounting of the use, application, or conservation of the
federal benefits of a child under the custody of the division to the child, the
child�s attorney, the child�s parent, provided parental rights have not been
terminated, or the child�s legal guardian.
���� 5.��� The Department of
Children and Families shall annually review whether an appropriate individual,
other than the department, is available to serve as the representative payee
for a child under the custody of the division, and, if such a person is
available, and with the agreement of the child and the child�s attorney,
petition to have this individual appointed as the child�s representative payee.
���� 6.��� a.� The Department of
Children and Families shall notify a child, who is in the custody of the
division, the child�s parent, provided parental rights have not been
terminated, or the child�s legal guardian of any application, decision, or
appeal related to the child�s federal benefits.
���� b.��� In the case of a denial
of the child�s federal benefits, the department shall consult with the child�s
attorney and appeal the denial, provided doing so is in the child�s best
interest.
���� 7.��� The Department of
Children and Families shall annually review the cases of children who are in
the custody of the division to determine whether a child may have become
eligible for federal benefits after the department�s initial assessment of the
child�s eligibility.
���� 8.��� Upon the child�s exit
from the division�s custody, and termination of the Department of Children and
Families� responsibility for the child, the department shall release any
remaining funds to the child�s credit, pursuant to the requirements of the
original funding source or, in the absence of any such requirements, shall
release the remaining funds to:
���� a.���� the child, if the child
is aged 18 years or older or is emancipated; or
���� b.��� the child�s parent or
legal guardian, if the child is a minor and is not emancipated.
���� 9.��� The Commissioner of
Children and Families, in accordance with the "Administrative Procedure
Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and
regulations necessary to implement the provisions of this act.
���� 10.� This act shall take
effect immediately.
STATEMENT
���� The bill requires the
Department of Children and Families (the department) to determine, within 60
days of a child�s placement in a foster home, whether the child currently
receives, or is eligible for, federal benefits, such as Social Security or
Veteran�s Administration benefits.� Upon determining that a child is eligible
for federal benefits, the department will apply for these benefits on the
child�s behalf, after notifying the child, the child�s attorney, the child�s
parent, provided parental rights have not been terminated, or the child�s legal
guardian.
���� If a child received federal
benefits prior to placement in a foster home, or if the department applies for
federal benefits on the child�s behalf, the department, in consultation with
the child and the child�s attorney, will identify a representative payee.� If
no suitable candidate is available to serve as the child�s representative
payee, the department may apply to become the representative payee for the
child�s benefits.� In such cases, the department is required to annually review
whether an appropriate individual is available to serve as representative
payee; if so, and with the consent of the child and the child�s attorney, the
department will petition to have this individual appointed as representative
payee.
���� If the department is appointed
as the representative payee, the department is prohibited from using the
child�s federal or any other benefits, savings, or assets to offset the State�s
costs for the child�s care.� The department is also required to utilize the
child�s federal benefits for the child�s unmet needs, or to save for the
child�s future needs.�
���� Under the bill, the department
is required to establish an account at a financial institution, into which the
child�s federal benefits will be deposited, consistent with federal and State
asset and resource limits.� The department may establish certain types of
accounts, such as a special needs trust or an Achieving a Better Life
Experience (ABLE), which will not conflict with the income and asset limits of certain
federal benefits programs.� The department will annually provide the child, the
child�s attorney, and the child�s parent or legal guardian with an account of
the use, application, or conservation of the child�s benefits.
���� The department is also
required to annually review the cases of children in foster care to determine
whether a child may have become eligible for federal benefits in the time since
the department�s initial assessment of the child�s eligibility.
���� Upon termination of the
department�s responsibility for a child, the department must turn over any
remaining federal benefits to the child, if the child is age 18 years or older
or is an emancipated minor, or to the child�s parent or legal guardian.