(1) If a child is already receiving earned federal benefits before entering CPS, or if CPS applies for benefits on behalf of the child, the department shall, in consultation with the child and the child’s attorney, identify an appropriate representative payee consistent with Title 20 Code of Federal Regulations Sections 404.2021 and 416.621, and shall apply to become the representative payee only if no other suitable candidate is available.
(2) If CPS is appointed to serve as the representative payee, the department:(a) Shall not use any of the child’s earned federal benefits, savings, or assets to pay for or reimburse the department or this state for any cost of the child’s care, maintenance, supervision, or services.(b) May use the child’s earned benefits only for unmet needs of the child that are beyond those the department is obligated or agrees to pay.(c) Shall establish and maintain an account to conserve the child’s earned benefits in the child’s best interest and consistent with federal and state asset and resource limits. Acceptable account types include:(i) A special needs trust;(ii) A pooled special needs trust;(iii) An Achieving a Better Life Experience (ABLE) account established pursuant to 26 United States Code Section 529A; or(iv) Any other account or trust vehicle determined not to interfere with eligibility for public benefits.(d) Shall provide an annual accounting of the use, application, or conservation of the child’s earned benefits to the child, the child’s attorney, and, if parental rights have not been terminated, to the child’s parents or guardians.(e) Shall periodically review whether another qualified person or entity could serve as representative payee in the child’s best interest and, if so, shall assist in transferring that role.
(a) Shall not use any of the child’s earned federal benefits, savings, or assets to pay for or reimburse the department or this state for any cost of the child’s care, maintenance, supervision, or services.
(b) May use the child’s earned benefits only for unmet needs of the child that are beyond those the department is obligated or agrees to pay.
(c) Shall establish and maintain an account to conserve the child’s earned benefits in the child’s best interest and consistent with federal and state asset and resource limits. Acceptable account types include:(i) A special needs trust;(ii) A pooled special needs trust;(iii) An Achieving a Better Life Experience (ABLE) account established pursuant to 26 United States Code Section 529A; or(iv) Any other account or trust vehicle determined not to interfere with eligibility for public benefits.
(i) A special needs trust;
(ii) A pooled special needs trust;
(iii) An Achieving a Better Life Experience (ABLE) account established pursuant to 26 United States Code Section 529A; or
(iv) Any other account or trust vehicle determined not to interfere with eligibility for public benefits.
(d) Shall provide an annual accounting of the use, application, or conservation of the child’s earned benefits to the child, the child’s attorney, and, if parental rights have not been terminated, to the child’s parents or guardians.
(e) Shall periodically review whether another qualified person or entity could serve as representative payee in the child’s best interest and, if so, shall assist in transferring that role.