Protecting Foster Youth Resources to Promote Self-Sufficiency Act

Protecting Foster Youth Resources to Promote Self-Sufficiency Act

This bill amends titles II (Old Age, Survivors and Disability Insurance) (OASDI)) and XVI (Supplemental Security Income) (SSI) of the Social Security Act to prohibit a state or local government agency serving as representative payee for an eligible individual in foster care under state responsibility from using any OASDI or SSI benefits to reimburse the state for:

• foster care maintenance payments, or
• other payments made by the state or political subdivision of the state to cover any cost or expense for such an individual.

The state plan for foster care and adoption assistance shall require the state agency to:

• develop and implement procedures to ensure that such a child is screened to determine potential eligibility for OASDI and SSI benefits;
• assist a potentially eligible child in applying for, and (if necessary) appealing any decisions made regarding, such benefits;
• apply to become the child's representative payee if there is no other suitable candidate available; and
• develop and implement procedures to ensure that any child potentially eligible for, or receiving, OASDI or SSI benefits, is assisted with applying for such benefits.

The state plan for foster care and adoption assistance shall require the state agency, regarding each foster child under state responsibility and on whose behalf the state receives OASDI or SSI benefits, to develop a plan for the child to achieve self-support after leaving foster care.

A representative payee that is a state shall manage the OASDI or SSI benefits paid to it on behalf of an individual in foster care under state responsibility.

Under the SSI program, any assets managed on behalf of an eligible foster child under state responsibility shall be excluded in determining the child's resources, and support and maintenance furnished in cash or in kind shall be disregarded in determining the child's income.