HB 25-1271: Federal Benefits for Youth in Foster Care

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

Beginning on or before July 1, 2027, the act requires a county department of human or social services (county department) to determine whether a child or youth who is in foster care and who has a deceased parent (child or youth) may be eligible to receive survivor benefits administered by the United States railroad retirement board, social security administration, or veterans benefits administration (federal survivor benefits). The county department must make an initial eligibility determination within 90 days after assuming legal custody of or authority over the child or youth. Under current law, certain federal agencies appoint a representative payee or fiduciary (representative payee) to receive and manage federal benefits on behalf of a child or youth in foster care. If a child or youth may be eligible for federal survivor benefits and the county department is the most appropriate representative payee, the act requires the county department to apply for federal survivor benefits on behalf of the child or youth. If the county department determines that the child or youth may be eligible for federal survivor benefits but that the county department is not the most appropriate representative payee, the county department shall provide information to the prospective representative payee that the county department has identified about how to apply for federal survivor benefits on behalf of the child or youth and how to become the child's or youth's representative payee. Under current law, a county department serving as a representative payee may use federal benefits to offset the cost of providing basic care and services to a child or youth in foster care. The act prohibits this offset practice with respect to federal survivor benefits. Instead, the act directs a county department serving as a representative payee to establish an account for the federal survivor benefits (account). A county department serving as a representative payee must save money in the account for the needs of the individual child or youth. Once the child or youth leaves foster care, the county department is required to release funds in the account to the child or youth. The act sets forth various accounting and notice requirements related to federal survivor benefits and requires the department of human services (department), in consultation with interested stakeholders, to adopt rules providing guidance for county departments. The guidance extends to procedures for identifying a representative payee, county department responsibilities when federal survivor benefits are denied or when a child or youth leaves foster care, and policies governing the establishment and maintenance of an account for federal survivor benefit funds. The department must provide technical assistance to a county department about how to conserve federal survivor benefit funds in the best interests of an individual child or youth. (Note: This summary applies to this bill as enacted.)

Sponsors

Sponsors by party (alphabetical): Democratic 40 · Republican 4

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. May 28, 2025Governor Signed
2. May 14, 2025Signed by the Speaker of the House
3. May 14, 2025Signed by the President of the Senate
4. May 14, 2025Sent to the Governor
5. May 7, 2025House Considered Senate Amendments - Result was to Concur - Repass
6. May 6, 2025Senate Third Reading Passed - No Amendments
7. May 6, 2025House Considered Senate Amendments - Result was to Laid Over Daily
8. May 5, 2025Senate Third Reading Laid Over Daily - No Amendments
9. May 2, 2025Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
10. May 2, 2025Senate Second Reading Special Order - Passed with Amendments - Committee
11. April 30, 2025Senate Committee on Health & Human Services Refer Amended to Appropriations
12. April 25, 2025Introduced In Senate - Assigned to Health & Human Services

Showing 12 most recent of 17 actions. Full history