federal benefits provided to children in the legal custody of the department — eligibility determinations

16-2502. federal benefits provided to children in the legal custody of the department — eligibility determinations. (1) Within sixty (60) days after a child enters the department’s legal custody, and annually thereafter, the department shall determine whether the child is currently receiving or eligible to receive federal benefits administered by the social security administration or the department of veterans affairs, including survivor benefits or dependent benefits. (2) If it is determined that a child in the legal custody of the department is already receiving federal benefits, the department shall: (a) In consultation with the child and the child’s attorney, identify the child’s representative payee consistent with federal law; or (b) Apply to become the child’s representative payee if no other suitable candidate is available. (3) If the department determines that the child is eligible for federal benefits, the department shall: (a) Apply for those benefits on behalf of the child; and (b) If no other candidate is available, apply to become the child’s representative payee.