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PRIOR PRINTER'S NOS. 2558, 3690 PRINTER'S NO. 3746
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 151
Session of
2025
INTRODUCED BY KRAJEWSKI, DELOZIER, RABB, MERSKI, HILL-EVANS,
McNEILL, WAXMAN, SANCHEZ, MAYES, PIELLI, KHAN, BOYD, GUENST,
CERRATO, BERNSTINE, M. MACKENZIE, MADDEN, BURGOS, CARROLL,
HOWARD, RIVERA, STEELE, CIRESI, SMITH-WADE-EL, SHUSTERMAN,
FRIEL, CEPEDA-FREYTIZ, SCHWEYER, INGLIS, KAZEEM, FIEDLER,
PARKER, BELLMON AND MADSEN, NOVEMBER 6, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JULY 1, 2026
AN ACT
Amending the act of November 23, 2010 (P.L.1264, No.119),
entitled "An act providing for requirements for children in
foster care and for grievance policy and procedure," further
providing for definitions; providing for RSDI benefits; and
imposing duties on the Joint State Government Commission and
the Department of Human Services.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "county agency," "department"
and "private agency" in section 2 of the act of November 23,
2010 (P.L.1264, No.119), known as the Children in Foster Care
Act, are amended and the section is amended by adding
definitions to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"County agency." A county children and youth social service
agency established under section 405 of the act of June 24, 1937
(P.L.2017, No.396), known as the County Institution District
Law, and supervised by the Department of [Public Welfare] Human
Services under Article IX of the act of June 13, 1967 (P.L.31,
No.21), known as the [Public Welfare] Human Services Code.
"Department." The Department of [Public Welfare] Human
Services of the Commonwealth.
* * *
"Private agency." A children and youth social service agency
subject to the regulatory requirements of the Department of
[Public Welfare] Human Services.
* * *
"Representative payee." A person designated to receive
benefits for a minor child under county agency rules governing
the RSDI benefits.
* * *
"Retirement, Survivors and Disability Insurance Benefits" or
"RSDI benefits." The Federal program administered by the Social
Security Administration that provides monthly insurance benefits
to eligible dependents and survivors of insured individuals.
* * *
Section 2. The act is amended by adding a section to read:
Section 5.1. RSDI benefits .
A county agency shall have the following powers and duties:
(1) The county agency shall ensure that each child in
foster care is screened to determine whether the child is
currently receiving or is eligible to receive RSDI benefits
within 60 days of being placed in foster care and annually
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thereafter.
(2) Within 90 days of a determination that a child is
potentially eligible to receive RSDI benefits, the county
agency shall apply for the RSDI benefits, in cooperation with
the child's attorney or guardian ad litem .
(3) If an application for RSDI benefits is denied, the
county agency shall appeal the decision.
(4) The county agency shall identify, in cooperation
with the child's attorney or guardian ad litem, a
representative payee in accordance with the established
categories of preferred payees as outlined by Social Security
Administration guidelines and apply to become the
representative payee if there is no other suitable candidate
available.
(5) The county agency shall support the maintenance of
RSDI benefits for a child transitioning out of foster care or
an individual under the county agency's care who has reached
the age of legal adulthood. When a child in foster care
reaches 14 years of age, the county agency shall begin to
prepare a plan to support the maintenance of RSDI benefits
for the child as the child transitions out of foster care or
reaches the age of legal adulthood. If a child's eligibility
for RSDI benefits will continue upon the child's discharge or
transition from foster care, the county agency shall assist
the child and the parent with applying as a representative
payee for the child. If the child has attained 18 years of
age and is not in need of a representative payee, the county
agency shall assist the child with the child's application to
the Social Security Administration. During the pendency of
the application for a new representative payee, the county
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agency shall remain a child's representative payee until the
child attains 19 years of age.
(6) Notwithstanding 55 Pa. Code Ch. 3140 (relating to
planning and financial reimbursement requirements for county
children and youth social service programs), if the county
agency serves as a representative payee for a child receiving
RSDI benefits, the county agency :
(i) Shall use or conserve the RSDI benefits in the
child's interest, as determined in cooperation with the
child and the child's attorney or guardian ad litem,
including :
(A) using the benefits for services or needs not
otherwise provided by the county agency, court
ordered or covered by health insurance ; or
(B) conserving the RSDI benefits for the child's
reasonably foreseeable future needs.
(ii) May not use any of a child's RSDI benefits to
pay or reimburse a county agency for care or services of
the child, including, but not limited to, services
covered under foster care maintenance payments, as
defined under 42 U.S.C. § 675(4) (relating to
definitions) and placement maintenance, as defined by
departmental regulation.
(iii) Shall receive and document consent before
spending RSDI benefits from the child after consultation
with the county agency, if assigned as the child's
representative payee, and the guardian ad litem for the
child or the child's legal counsel.
(7) Consistent with the best interest of a child in
foster care, the county agency shall monitor any Federal
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asset or resource limit and place the child's RSDI benefits
in individual financial accounts that avoid asset limitations
for Federal and State programs. The county agency shall
establish individual financial accounts for the purpose of
limiting the county agency's use of a child's RSDI benefits.
The county agency shall cooperate with the Social Security
Administration, the child and the child's attorney or
guardian ad litem to ensure that when the child leaves foster
care or attains 18 years of age, the representative payee
immediately notifies the Social Security Administration and
all payments of RSDI benefits are released in accordance with
Federal requirements.
(8) The county agency shall notify the parent and the
child through the child's attorney or guardian ad litem of an
application, decision, communication or appeal related to the
child's RSDI benefits.
(9) The county agency shall maintain a quarterly
accounting of the amount and use of all RSDI benefits that
each child in foster care is receiving. The accounting shall
contain an itemized list of each expenditure by the county
agency, private agency and any third-party representative
payee. The accounting shall be provided to the child through
the child's attorney or guardian ad litem and to the
department .
(10) The county agency shall provide a child in foster
care with ongoing financial counseling related to maintaining
and conserving RSDI benefits. The county agency shall
document the provision of counseling under this paragraph.
(11) Conservation of the RSDI benefits shall fulfill the
exhaustion of eligibility and receipt of benefits
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requirements under section 704.2 of the act of June 13, 1967
(P.L.31, No.21), known as the Human Services Code.
(12) The department and county agency may contract with
a third party to fulfill any of the requirements under this
section.
(13) No later than December 31, 2027, the department
shall issue guidance on the implementation of this section.
The following shall apply:
(i) No later than December 31, 2026, the department
shall convene a meeting with stakeholders who shall
include, at a minimum, representatives from county child
welfare, child advocacy organizations, current and former
foster children and other relevant stakeholders, as
determined by the department.
(ii) The guidance shall include best practice
guidelines for county agencies. Best practice guidelines
shall include establishing procedures for the following:
(A) Determining the manner and tools for
conducting screenings for children who may be
eligible for RSDI benefits.
(B) Assisting in the application process for
RSDI benefits for each child.
(C) Requesting reconsideration and appealing
adverse decisions where appropriate.
(D) Informing a child's parent of the need to
apply as a representative payee when the child leaves
foster care in order for the child to continue to
receive RSDI benefits.
(E) Informing foster children of their rights
and responsibilities for the continued receipt of
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RSDI benefits, the sources of assistance that may be
available for resolving problems foster children may
have with the receipt of RSDI benefits and the
process for transferring accumulated benefits.
Section 3. The Joint State Government Commission shall have
the following duties:
(1) No later than six months after the effective date of
this paragraph, the Joint State Government Commission shall
commence a study to develop findings and recommendations of
the implementation and financial impact of a program to
screen, apply for and conserve Social Security insurance
benefits for children in foster care.
(2) As part of the study under this section, the Joint
State Government Commission shall seek input from individuals
with knowledge and expertise in the subject matter of the
study, including:
(i) Representatives of county children and youth
social service agencies.
(ii) Representatives of the Office of Children,
Youth and Families of the Department of Human Services.
(iii) Statewide advocates focused on the
conservation of Social Security insurance benefits.
(iv) Children currently in foster care.
(v) Children formerly in foster care.
(vi) Parents and guardians with children currently
or formerly in foster care.
(vii) Current and former kinship caregivers and
foster parents.
(viii) Guardians ad litem and legal counsel
representing or advocating on behalf of children in
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foster care.
(ix) Foster care providers.
(x) Other individuals deemed appropriate by the
Joint State Government Commission.
(3) As part of the study and recommendations under this
section, the Joint State Government Commission shall examine
policy, practice, Federal, State and local fiscal
implications and the impact on children in foster care
regarding the following:
(i) The screening and application of Social Security
insurance benefits.
(ii) The denial of a Social Security insurance
application and the appeal process.
(iii) The conservation of Social Security insurance
benefits practices, including review of types of
financial accounts to avoid threshold limits on Social
Security insurance.
(iv) Accounting, allowable expenses and auditing
practices.
(v) Staffing of administrative duties, including
contracts with fiscal agents to perform duties of the
representative payee.
(vi) The intersection of and impact on funding under
Title IV-E of the Social Security Act (49 Stat. 620, 42
U.S.C. § 301 et seq.) and other Federal funding sources.
(vii) The fiscal implications to the Commonwealth
and counties and allocations for funding to counties to
implement and sustain the use and conservation of Social
Security insurance for children in foster care.
(viii) Current and needed data collection.
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(ix) National best practice models.
(4) (i) No later than one year after the effective date
of this subparagraph, the Joint State Government
Commission shall issue and make available on its publicly
accessible Internet website a report regarding the study
under this section. The study shall include findings and
recommendations on the administrative and financial
impact of implementation of the application, use and
conservation of Social Security insurance benefits for
children in foster care, including any proposed statutory
or regulatory change.
(ii) The Joint State Government Commission shall
submit the report under subparagraph (i) to all of the
following:
(A) The Department of Human Services.
(B) The chairperson and minority chairperson of
the Aging and Youth Committee of the Senate.
(C) The chairperson and minority chairperson of
the Children and Youth Committee of the House of
Representatives.
Section 4. No later than one year after the conclusion of
the study under section 3 of this act, the Department of Human
Resources SERVICES shall review the recommendations and consider
the development of a plan for the implementation of the
application, use and conservation of Social Security insurance
benefits for children in foster care, to the extent cost
effective.
Section 5. This act shall take effect as follows:
(1) The addition of section 5.1(13) of the act shall
take effect immediately.
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(2) This section shall take effect immediately.
(3) The remainder of this act shall take effect January
1, 2028.
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