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REFERENCE TITLE: DCS; federal benefits; dependent children |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SB 1430 |
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Introduced by Senator Wadsack: Representative Jones
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An Act
amending title 8, chapter 4, article 1, Arizona Revised Statutes, by adding section 8-468; relating to child welfare.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 8, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 8-468, to read:
8-468. Federal benefits; dependent children; application; prohibition; accounting; notice
A. For all children in the care of the department of child safety, the department of child safety shall determine whether each child is eligible for benefits administered by the social security administration or the United States department of veterans affairs. If the department of child safety determines that a child is eligible for federal benefits, the department of child safety shall apply for the benefits on behalf of the child.
b. The department of child safety shall determine the best representative payee for receiving the child's federal benefits. If the department of child safety is serving as the representative payee, the department:
1. May not use the child's federal benefits to pay for or to reimburse the department of child safety or this state for any of the costs of the child's care.
2. May use the child's federal benefits for the child's unmet needs beyond what the department of child safety is obligated or required to pay.
3. SHALL ESTABLISH AN APPROPRIATE SPECIAL NEEDS TRUST for EACH CHILD WHO IS 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 FOR SPECIAL NEEDS TRUSTS AND THAt APPROPRIATELY AVOIDS ANY FEDERAL ASSET OR RESOURCE LIMITS.
4. IN addition to the requirements of section 14-9115, SHALL PROVIDE AN ANNUAL ACCOUNTing of the child's federal benefits TO THE CHILD, THE CHILD'S ATTORNEY AND THE CHILD'S PARENTS OR GUARDIANS. The accounting shall describe HOW AND IN WHAT AMOUNT THE CHILD'S federal BENEFITS HAVE BEEN spent AND CONSERVED.
C. On application by the department of child safety for benefits administered by the social security administration or the United States department of veterans affairs on behalf of a child PURSUANT TO subsection A of THIS SECTION, the department of child safety shall notify the Child, the child's parents, the child's guardian and the child's attorney of the application.