Foster Children Self-Support Act

Summary

Foster Children Self-Support Act - Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI) of the Social Security Act (SSA) to ban the use of Social Security or SSI benefits, paid to a state or local government agency serving as a representative payee on behalf of foster children, to reimburse the state for foster care maintenance payments or other payments made by the state or local government to cover any other cost or expense (not including a certain monthly service fee) for an individual who is in foster care under state responsibility. Specifies exceptions to this prohibition, including an exception for payments made by a representative payee to reimburse a state, but only to the extent that the payment is: (1) otherwise not prohibited; and (2) made available, distributed, and applied in accordance with this Act. Amends SSA title IV part E (Federal Payments for Foster Care and Adoption Assistance) to require the state plan for foster care and adoption assistance to provide for screening of foster children for eligibility for Social Security and SSI benefits and assistance. Requires written notice to the attorney or guardian ad litem appointed to represent a foster child, and to the child too if at least age 14, of the Commissioner of Social Security's initial determination to certify payment of such benefits to a representative payee. Requires a state plan to require the appropriate state agency to develop a plan for each foster care child receiving Social Security or SSI benefits which is designed to best meet the individual's current and future needs and enable the child to achieve self-support after leaving foster care. Requires a representative payee to manage the benefits paid on behalf of such a foster child in accordance with the plan developed for the child. Excludes from the calculation of an individual's resources under the SSI program any assets managed on the individual's behalf in accordance with such plan. Disregards support and maintenance furnished in cash or in kind in determining the income of foster children under the SSI program. Requires the Secretary of Health and Human Services (HHS), on the request of a state agency responsible for administering, or supervising the administration of, a state program authorized by part E (Foster Care and Adoption Assistance) of SSA title IV, to provide the agency with technical assistance in carrying out the amendments made by this Act.

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3 official files

• Introduced in House (text)

  Introduced in House · EN · 23 September 2010

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• Introduced in House (PDF)

  Introduced in House · EN · 23 September 2010

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• Introduced in House

  summary · EN · 23 September 2010

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