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S2829A
2026 -- S 2829 SUBSTITUTE A
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LC005321/SUB A
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF CHILDREN,
YOUTH AND FAMILIES
Introduced By:
Senator Melissa A. Murray
Date Introduced:
March 04, 2026
Referred To:
Senate Finance
(Dept. of Human Services)
It is enacted by the General Assembly as follows:
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SECTION 1. Chapter 42-72 of the General Laws entitled "Department of Children, Youth
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and Families" is hereby amended by adding thereto the following section:
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42-72-37. Application for social security benefits, supplemental security income, and
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veterans benefits.
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(a) Definitions. For the purposes of this section:
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(1) "Benefits" means social security benefits, supplemental security income, veterans
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benefits, and railroad retirement benefits; and
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(2) "Youth's attorney" and "guardian ad litem" means the person appointed as the youth's
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attorney or guardian ad litem in the proceeding in which the department is appointed as the youth's
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guardian or custodian.
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(b) Application for benefits.
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(1) Upon receiving temporary custody or guardianship of a youth in care, the department
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shall assess the youth to determine whether the youth may be eligible for benefits. If, after the
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assessment, the department determines that the youth may be eligible for benefits, the department
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shall ensure that an application is filed on behalf of the youth. The department shall conserve the
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youth’s benefits, including SSDI, inheritance, pensions, life insurance, or other benefits. If the
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department determines the youth is eligible for an ABLE account as authorized by Section 529A
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of the Internal Revenue Code of 1986, it shall conserve the benefits in that account in a manner that
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appropriately avoids any federal asset or resource limits, absent a compelling reason to conserve
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benefits in another manner. The department shall prescribe by rules and regulations how it will
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review cases of youth in care at regular intervals to determine whether the youth may have become
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eligible for benefits after the initial assessment. The department shall make reasonable efforts to
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encourage youth in care over the age of eighteen (18) who are likely eligible for benefits to
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cooperate with the application process and to assist youth with the application process.
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(2) When applying for benefits under this section for a youth in care the department shall
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identify a representative payee in accordance with the requirements of 20 CFR 404.2021 and
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416.621. If the department is seeking to be appointed as the youth's representative payee, the
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department shall consider input, if provided, from the youth's attorney and guardian ad litem
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regarding whether another representative payee, consistent with the requirements of 20 CFR
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404.2021 and 416.621, is available. If the department serves as the representative payee for a youth
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over the age of eighteen (18), the department shall request a court order.
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(c) Notifications. The department shall immediately notify a youth over the age of sixteen
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(16), the youth's attorney and guardian ad litem, and the youth's parent or legal guardian or another
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responsible adult of:
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(1) Any application for or any application to become representative payee for benefits on
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behalf of a youth in care;
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(2) Any communications from the Social Security Administration, the U.S. Department of
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Veterans Affairs, or the Railroad Retirement Board pertaining to the acceptance or denial of
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benefits or the selection of a representative payee; and
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(3) Any appeal or other action requested by the department regarding an application for
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benefits.
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(d) Use of benefits. Consistent with federal law, when the department serves as the
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representative payee for a youth receiving benefits and receives benefits on the youth's behalf, the
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department shall:
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(1) Beginning January 1, 2027, except as provided in a request for the disbursement of
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funds, ensure that youth of any age in the care and custody of the department and until the
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department no longer serves as the representative payee, the entirety of the youth's benefits are
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conserved.
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(2) Exercise discretion and seek advisement from the Office of the General Treasurer in
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accordance with federal law and in the best interests of the youth when making decisions to use or
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conserve the youth's benefits that are less than or not subject to asset or resource limits under federal
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law, including using the benefits to address the youth's special needs and conserving the benefits
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for the youth's reasonably foreseeable future needs.
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(3) Appropriately monitor any federal asset or resource limits for the benefits and ensure
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that the youth's best interest is served by using or conserving the benefits, including SSDI,
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inheritance, pensions, life insurance, or other benefits in a way that avoids violating any federal
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asset or resource limits that would affect the youth's eligibility to receive the benefits.
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(e)(1) Annual accounting. The department shall provide an annual accounting to the youth's
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attorney and guardian ad litem of how the youth's benefits have been used and conserved. In
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addition, within ten (10) business days of a request from a youth or the youth's attorney and
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guardian ad litem, the department shall provide an accounting to the youth of how the youth's
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benefits have been used and conserved.
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(2) Final accounting. When the department's guardianship of the youth is being terminated,
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the department shall provide:
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(i) A final accounting to the Social Security Administration, to the youth's attorney and
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guardian ad litem, and to either the person or persons who will assume guardianship of the youth
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or who is in the process of adopting the youth, if the youth is under eighteen (18), or to the youth,
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if the youth is over eighteen (18); and
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(ii) Information to the parent, guardian, or youth regarding how to apply to become the
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representative payee. The department shall adopt rules and regulations to ensure that the
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representative payee transitions occur in a timely and appropriate manner.
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(f) Financial literacy. The department shall provide the youth with financial literacy
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training and support, including specific information regarding the existence, availability, and use
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of funds conserved for the youth in accordance with this subsection, beginning by age fourteen
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(14). The literacy program and support services shall be developed in consultation with input from
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the department's statewide speak advisory board and the office of the general treasurer.
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(g) Adoption of rules and regulations. The department shall adopt rules and regulations to
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implement the provisions of this section by October 1, 2026.
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(h) Reporting. No later than January 1, 2029, the department shall file a report with the
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general assembly providing the following information for state fiscal years 2027 and 2028 and
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annually beginning January 1, 2030, for the preceding fiscal year:
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(1) The number of youth entering care.
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(2) The number of youth entering care receiving each of the following types of benefits:
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social security benefits, supplemental security income, veterans benefits, and/or railroad retirement
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benefits.
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(3) The number of youth entering care for whom the department filed an application for
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each of the following types of benefits: social security benefits, supplemental security income,
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veterans benefits, and/or railroad retirement benefits.
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(4) The number of youth entering care who were awarded each of the following types of
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benefits based on an application filed by the department: social security benefits, supplemental
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security income, veterans benefits, and/or railroad retirement benefits.
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(i) Annually beginning January 1, 2029, the department shall file a report with the general
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assembly with the following information regarding the preceding fiscal year:
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(1) The number of conserved accounts established and maintained for youth in care;
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(2) The average amount conserved by age group; and
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(3) The total amount conserved by age group.
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SECTION 2. This act shall take effect on July 1, 2026.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF CHILDREN,
YOUTH AND FAMILIES
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This act would establish a procedure to permit the Department of Children, Youth and
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Families (DCYF) to apply for benefits on behalf of children, who are eligible, that are within
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temporary custody or guardianship of the department. DCYF would be responsible to conserve the
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youth's benefits and determine whether the youth is eligible for an ABLE account. DCYF would
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be required to identify a representative payee for the benefits and if DCYF is to serve as payee,
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they shall seek a court order. DCYF would be required to provide an annual accounting to the
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youth's attorney or guardian ad litem, and a final accounting upon termination of DCYF
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involvement.
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This act would take effect on July 1, 2026.
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