S7778 — Requires commissioners of local social services districts to screen, apply for, and use and conserve federal benefits on behalf of children placed in foster care

Summary

Requires commissioners of local social services districts to screen, apply for, and use and conserve retirement, survivors and disability insurance, supplemental security income, veterans' or any other federal social security benefits on behalf of children placed in foster care; provides for responsibilities of local commissioners of social services appointed to serve as the representative payee for a child; provides for technical assistance and financial literacy for foster children; makes related provisions.

Bill Text

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Compared against the New York Consolidated Laws as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the New York Consolidated Laws: Section 398 of the social services law.

• Section 398 of the social services law

  (q) For all children in foster care, a commissioner shall: (i) Screen for potential eligibility for retirement, survivors and disability insurance, supplemental security income, veterans', or any other federal social security benefits and apply for such benefits on behalf of any child determined to be potentially eligible within sixty days of such child entering foster care. (ii) Rescreen all children in foster care annually for eligibility for all federal benefits, and within thirty days of receipt of any new information tending to indicate that a child may be eligible for bene- fits and apply for such benefits on behalf of any such child within sixty days of the determination of such potential eligibility. (iii) Provide notice to a child, such child's attorney, and such child's parent or parents or legal guardian or guardians of any applica- tion, decision, communication, or appeal related to such child's retire- ment, survivors and disability insurance, supplemental security income, veterans' or any other federal social security benefits. (iv) For each child the commissioner determines may potentially be eligible for benefits, identify an appropriate representative payee, in cooperation with such child, such child's family, and the attorney for such child, pursuant to the established categories of preferred payees in 20 C.F.R. §§ 404.2021 and 416.621. The commissioner shall seek to be appointed as the representative payee only when there is no other appro- italics priate preferred payee available who agrees to use and preserve the benefits in the interest of a child. (r) For each child for whom a commissioner is appointed to serve as the representative payee, such commissioner shall: (i) Meet regularly with any child who is developmentally able to participate in financial planning and such child's attorney to develop a plan to use and conserve the benefits. (ii) Use the payments to meet the child's specific immediate unmet needs, as determined in cooperation with such child, such child's care- taker, and such child's attorney. Benefits may be used to meet such child's needs for goods or services not provided through the foster care system and that are not covered by such child's health insurance, including but not limited to, disability aids, school tuition, a car, or tools of the trade for employed youth. (iii) Monitor the federal and state asset limitations on federal bene- fits, and deposit any benefits that are subject to such asset limitation and are not used to meet the child's immediate needs in a special needs trust, a pooled special needs trust, an achieving a better life experi- ence (ABLE) account under 26 U.S. Code § 529A, or other trust account or legal mechanism that will allow a child to save in excess of any federal and state asset limitations, in accordance with 20 C.F.R. § 416.645. (iv) Provide the child and the attorney for such child with an annual accounting of the use or conservation of such child's benefits. (v) Upon discharge from foster care, transfer all conserved funds to the new representative payee or the child, as appropriate. (vi) Decline to use a child's benefits to reimburse the local social services district for the costs associated with maintaining any child in the care and custody or the custody and guardianship of the commission- er, including the administrative costs associated with foster care. (s) For all children in foster care, a commissioner shall: (i) Provide all representative payees and beneficiaries with information about what is legally required under law regarding the use and conservation of federal benefits. (ii) Assist any child who may qualify to be their own payee in completing an application to become the payee for such child's benefits. (iii) Assist any child who needs to be re-certified to remain eligible for a benefit after reaching the age of majority to be re-certified far enough in advance of such child reaching the age of majority to avoid a gap in the provision o

  amended

Action History

1. January 07, 2026

   REFERRED TO CHILDREN AND FAMILIES

2. May 29, 2025

   REPORTED AND COMMITTED TO FINANCE

3. May 06, 2025

   REFERRED TO CHILDREN AND FAMILIES

Sponsors

• Jabari Brisport · Primary

Subjects