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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
DCS; federal benefits; dependent children
Purpose
Requires the Department of Child Safety (DCS), for all children in DCS care, to determine whether each child is eligible for federal Social Security Administration (SSA) or U.S. Department of Veterans Affairs (U.S. VA) benefits and apply for the benefits if the child is eligible.
Background
DCS's primary purpose is to protect children. Required DCS duties necessary to achieve that purpose include: 1) investigating reports of abuse and neglect; 2) assessing, promoting and supporting the safety of a child in a safe and stable family; 3) working cooperatively with law enforcement regarding reports that include criminal conduct allegations; and 4) without compromising child safety, coordinating services to achieve and maintain permanency on behalf of the child, strengthen the family and provide child-safety prevention, intervention and treatment services (A.R.S. § 8-451).
To be eligible for SSA benefits, a child must have a parent who is retired or has a disability and is entitled to Social Security benefits or have a parent who died after having worked long enough in a job where the parent paid Social Security taxes. An unmarried child can get benefits if the child is: 1) younger than age 18; 2) between ages 18 and 19 and a full-time student at an elementary or secondary school; and 3) age 18 or older with a disability that began before age 22. Under certain circumstances, the SSA can also pay benefits to a stepchild, grandchild, step grandchild, or adopted child (SSA).
For the U.S. VA, children can qualify for the Survivors’ and Dependents’ Educational Assistance (DEA) Program. If they are the child of a veteran or service member, the child can get benefits if they are between the ages of 18 and 26, except in certain cases. The child may be married or unmarried (U.S. VA).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires DCS, for all children in DCS care, to determine whether each child is eligible for SSA or U.S. VA benefits.
2. Requires DCS to apply for benefits on behalf of a child if it is determined that a child is eligible for federal benefits.
3. Requires DCS to determine the best representative payee for receiving the child's federal benefits.
4. States that, if serving as the representative payee, DCS:
a) may not use the child's federal benefits to pay for or to reimburse DCS or Arizona for any of the child's care costs;
b) may use the child's federal benefits for the child's unmet needs beyond what DCS is obligated or required to pay;
c) must establish an appropriate special needs trust for each child receiving federal benefits or name the child a beneficiary of a pooled special needs trust and conserve the child's unspent benefits in a manner that is consistent with federal and state requirements and that appropriately avoids any federal asset or resource limits;
d) must, in addition to the reporting and accounting by custodial trustee requirements, provide an annual accounting of the child's federal benefits to the child, the child's attorney and the child's parents or guardians.
5. Requires the accounting to describe how and in what amount the child's federal benefits have been spent and conserved.
6. Requires DCS to notify the child as well as the child's parents, attorney of any application for federal benefits.
7. Becomes effective on the general effective date.
Prepared by Senate Research
February 10, 2023
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