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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of a representative payee or fiduciary |
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for a child in the conservatorship of the Department of Family and |
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Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 264, Family Code, is |
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amended by adding Section 264.0112 to read as follows: |
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Sec. 264.0112. APPOINTMENT OF REPRESENTATIVE PAYEE OR |
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FIDUCIARY FOR CHILD. (a) In this section, "legal representative" |
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means the child's attorney, the child's attorney ad litem, or |
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another individual appointed by a court to represent the legal |
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interests of the child. |
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(b) For a child in the department's conservatorship who |
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receives or is eligible to receive benefits or services for which a |
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representative payee or fiduciary is required, the department |
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shall, in cooperation with the child's legal representative, select |
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an appropriate individual to serve as the child's representative |
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payee or fiduciary in accordance with the requirements of 20 C.F.R. |
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Section 404.2021. If the department and the child's legal |
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representative do not agree on a representative payee or fiduciary, |
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the department shall request a hearing to determine an appropriate |
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individual. The court shall consider the appointment of the child's |
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relative and other designated caregivers. If the court does not |
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identify an appropriate individual, the court may name the |
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department as the representative payee or fiduciary. |
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(c) In accordance with federal law, if the department serves |
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as the representative payee or in any other fiduciary capacity for a |
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child receiving United States Department of Veterans Affairs |
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benefits, Supplemental Security Income (SSI) benefits under 42 |
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U.S.C. Section 1381 et seq., or Social Security Disability |
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Insurance (SSDI) benefits under 42 U.S.C. Section 401 et seq., the |
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department shall: |
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(1) from the date the child turns 14 years of age until |
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the date the department no longer serves as the child's |
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representative payee or fiduciary, reserve the following minimum |
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percentage of the child's benefits for use by the child: |
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(A) for a child who is at least 14 years of age |
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but younger than 16 years of age, at least 40 percent; |
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(B) for a child who is at least 16 years of age |
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but younger than 18 years of age, at least 80 percent; and |
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(C) for a child who is at least 18 years of age, |
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100 percent; |
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(2) exercise discretion in accordance with federal law |
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and in the best interest of the child when making decisions to use |
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or save the child's benefits or resources that are less than or not |
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subject to asset or resource limits under federal law, including |
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using the benefits to address the child's special needs and saving |
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the benefits for the child's reasonably foreseeable future needs; |
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(3) appropriately monitor federal asset or resource |
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limits for the child's benefits and ensure that the child's best |
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interest is served by using or saving the benefits in a manner that |
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avoids violating federal asset or resource limits that would |
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negatively affect the child's eligibility to receive the benefits, |
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including by using: |
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(A) a Social Security Administration Plan to |
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Achieve Self-Support account for the child and determining whether |
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it is in the best interest of the child to save all or part of the |
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child's benefits in the account; |
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(B) an ABLE account authorized by Section 529A, |
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Internal Revenue Code of 1986, for the child and conserving the |
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child's benefits in that account in a manner that appropriately |
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avoids any federal asset or resource limits; |
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(C) an individual development account for the |
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child and conserving the child's benefits in that account in a |
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manner that appropriately avoids any federal asset or resource |
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limits; |
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(D) a special needs trust for the child and |
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conserving the child's benefits in the trust in a manner that is |
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consistent with federal requirements for special needs trusts and |
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that appropriately avoids any federal asset or resource limits; |
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(E) the benefits to pay for the child's special |
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needs not otherwise provided by the department if the department |
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determines it is in the best interest of the child; |
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(F) a dedicated account, if federal law requires |
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certain back payments of benefits to be placed in a dedicated |
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account, that complies with the requirements for dedicated accounts |
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under 20 C.F.R. Section 416.640(e); and |
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(G) any other exclusions from federal asset or |
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resource limits available under federal law and using or conserving |
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the child's benefits in a manner that appropriately avoids any |
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federal asset or resource limits; |
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(4) provide an annual accounting to the child and the |
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child's legal representative regarding the use or saving of the |
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child's resources in accordance with this section; and |
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(5) provide financial literacy training for each child |
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who is at least 14 years of age. |
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(d) The department shall immediately provide notice to the |
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child through the child's legal representative regarding: |
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(1) any application for United States Department of |
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Veterans Affairs benefits, Supplemental Security Income (SSI) |
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benefits under 42 U.S.C. Section 1381 et seq., or Social Security |
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Disability Insurance (SSDI) benefits under 42 U.S.C. Section 401 et |
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seq. made on the child's behalf; |
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(2) if the department is identified as the |
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representative payee under Subsection (b), any application to |
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become representative payee for the child's United States |
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Department of Veterans Affairs benefits, Supplemental Security |
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Income (SSI) benefits under 42 U.S.C. Section 1381 et seq., or |
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Social Security Disability Insurance (SSDI) benefits under 42 |
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U.S.C. Section 401 et seq.; |
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(3) any decisions or communications from the United |
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States Department of Veterans Affairs or the Social Security |
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Administration regarding an application described by Subdivision |
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(1); and |
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(4) any appeal or other action requested by the |
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department regarding an application for benefits described by |
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Subdivision (1). |
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(e) If the department serves as the representative payee or |
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otherwise receives United States Department of Veterans Affairs |
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benefits, Supplemental Security Income (SSI) benefits under 42 |
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U.S.C. Section 1381 et seq., or Social Security Disability |
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Insurance (SSDI) benefits under 42 U.S.C. Section 401 et seq. on the |
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child's behalf, the department shall provide notice to the child |
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through the child's legal representative of the following before |
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each placement review hearing: |
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(1) the amount of benefit funds received on the child's |
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behalf since the most recent notification to the child's legal |
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representative and the date the benefits were received; |
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(2) information regarding the child's assets and |
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resources, including the child's benefits, insurance, cash assets, |
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trust accounts, earnings, and other resources; |
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(3) an accounting of the disbursement of benefit |
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funds, including the date, amount, and identification of the payee; |
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and |
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(4) information regarding each request by the court |
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appointed special advocate for the child, the child's legal |
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representative, or the child's caregiver for disbursement of funds |
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and a statement regarding the department's reason for not granting |
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the request if the request was not granted. |
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SECTION 2. This Act takes effect September 1, 2021. |