Senate Bill 2456

AN ACT TO AMEND SECTION 43-15-17, MISSISSIPPI CODE OF 1972, TO PROVIDE A FOSTER YOUTH EARNED BENEFITS PROTECTION FOR SUCCESS PROGRAM UNDER THE DEPARTMENT OF CHILD PROTECTION SERVICES AUTHORITY TO MAKE PAYMENTS FOR SUPPORTIVE SERVICES FOR FOSTER CARE; TO PROVIDE FOR THE DETERMINATION OF ELIGIBILITY AND APPLICATION PROCEDURES, THE REPRESENTATIVE PAYEE, NOTICE AND APPEALS, ANNUAL REVIEW OF ELIGIBILITY, A SUCCESS SEQUENCE MILESTONE DISBURSEMENT PROGRAM, DISBURSEMENTS UPON EXIT FROM CARE, AND TO PROVIDE THE DEPARTMENT WITH RULEMAKING AUTHORITY; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 43-15-17, Mississippi Code of 1972, is amended as follows:

43-15-17. (1) The Department of Child Protection Services is authorized to make such payments as may be appropriate for supportive services to facilitate either the return of children to their natural parents or their adoption, depending upon and contingent upon the availability of the Department of Child Protection Services securing or having sufficient funds to render this supportive service. Upon court order, the parent(s) shall be responsible for reimbursing the department for any foster care or kinship care payments made on behalf of his or her child, based upon financial ability to pay, until such time as there is a termination of parental rights regarding the child, or the child is adopted.

(2) For those children placed in foster care by Child Protection Services, the department shall make monthly payments for the support of these children's room and board, clothing, allowance and personal needs. From and after July 1, 1998, and subject to the availability of funds specifically appropriated therefor, the Department of Child Protection Services' foster care and therapeutic care monthly payment schedule in effect before that date shall be increased by One Hundred Dollars ($100.00) per month, with that minimum payment not to preclude the department from increasing payments in later years as funds become available. From and after July 1, 1998, in order for foster parents to receive the monthly payments authorized under this subsection (2), the Department of Child Protection Services shall require foster care placements to be licensed as foster care homes and shall require prospective foster parents to satisfactorily complete an appropriate training program that emphasizes the goal of the foster care program to provide stable foster placement until a permanency outcome is achieved.

(3) For a child placed by the Department of Child Protection Services in the care of any adult related by blood, marriage, or adoption within the third degree or who makes up the family support system of the child, including adults related beyond the third degrees, godparents, friends of the family, or other adults who have a strong familial bond with the child, unless a child is placed in the care of a relative who is exempt from foster care training requirements, the department shall make monthly payments to defray the relative's expense of furnishing room and board. The department's relative care payment shall be in an amount up to one hundred percent (100%) of the amount of the foster care board payment. The department may continue to make those payments to the relative after the department relinquishes legal custody of the child to the relative if the relative has complied with foster care training requirements. Any such payments for relative care shall be subject to specific appropriation therefor by the Legislature.

      (4)  Determination of eligibility and application.  This subsection (4) shall be entitled the "Foster Youth Earned Benefits Protection for Success Program."

(a) For all children in the care and custody of the Department of Protective Services, the department shall determine within sixty (60) days after entry into care whether each child is receiving or eligible for earned federal benefits administered by the social security administration or the department of veterans affairs, including survivors' or dependent benefits.

(b) If the department determines that a child is eligible or may be eligible for such earned benefits, the department shall apply for the benefits on behalf of the child in accordance with federal law.

(c) If a child is already receiving earned federal benefits before entering the department's care, or if the department 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 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.

(d) If the department is appointed to serve as the representative payee, the department:

(i) 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.

(ii) 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.

(iii) 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:

1. A special needs trust.

2. A pooled special needs trust.

3. An Achieving a Better Life Experience (ABLE) account established pursuant to 26 United States Code § 529A.

4. Any other account or trust vehicle determined not to interfere with eligibility for public benefits.

(iv) 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.

(v) 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.

            (e)  The department shall provide written notice to the child, the child's parents (unless parental rights have been terminated), the child's guardian, the child's current placement, and the child's attorney of any application for benefits, decision, appeal, or appellate determination related to the child's earned benefits.

            (f)  If benefits are denied, the département shall consult with the child's attorney and appeal the denial if it is in the child's best interests.

            (g)  The department shall review each case annually to determine whether a child in care has become newly eligible for earned federal benefits after the department's initial determination.

            (h)  The department shall develop and implement a Success Sequence Savings and Disbursement Plan for each child with conserved earned benefits.

            (i)  Under the plan, a child may access a portion of conserved benefits upon completion of specific milestones that promote independence and financial readiness, including, but not limited to:

                  1.  Obtaining a driver's license or state identification card.

                  2.  Graduating from high school or receiving a recognized equivalent.

                  3.  Enrolling in a postsecondary education, vocational training, or apprenticeship program.

                  4.  Maintaining verified employment for at least six (6) consecutive months.

                  5.  Completing a department-approved financial literacy or savings-readiness program.

            (j)  The department shall determine reasonable disbursement thresholds and amounts for each milestone to promote long-term savings while rewarding progress toward self-sufficiency.

            (k)  The department shall ensure that all youth participating in the program have access to financial literacy instruction and counseling to support effective use of milestone payments and long-term asset building.

            (l)  Upon termination of the department's custody or legal responsibility for the child, the department shall release any remaining conserved funds as follows:

                  1.  To the child, if the child is at least eighteen (18) years of age or emancipated.

                  2.  To the person responsible for the child, if the child remains a minor and is not emancipated.

            (m)  The Department of Child Protective Services may adopt rules consistent with federal law to implement this subsection (4), including rules governing account management, milestone disbursements, reporting, financial literacy education and oversight.

SECTION 2. This act shall take effect and be in force from and after July 1, 2026.