33 V.S.A. § 4907: Foster care; Social Security benefits [Effective July 1, 2028]

(a) The Department shall not use any portion of a child’s Social Security benefits to offset the State’s costs for the child’s maintenance except to maintain the child’s eligibility for SSI benefits and to avoid a violation of federal asset or resource limits.

(b) Upon the request of the child or the child’s foster care provider, the Department, in its capacity as representative payee for a child, may use the child’s Social Security benefits for the child’s unmet needs beyond the amount that the State is obligated, required, or agrees to pay for the care of the child.

(c) In its capacity as representative payee for a child and with the assistance of the State Treasurer, the Department shall:

(1) establish an account for the child, which shall be a qualified ABLE account for any child receiving SSI benefits;

(2) monitor any federal asset or resource limits for the child’s SSI benefits;

(3) ensure that the child’s best interests are served by using the child’s Social Security benefits for the child’s unmet needs or conserving the child’s Social Security benefits in a way that avoids violating any federal asset or resource limits that would affect the child’s ability to receive SSI benefits;

(4) appeal any denied application for SSI benefits submitted on behalf of a child; and

(5) provide an annual accounting of the use, application, or conservation of the child’s Social Security benefits, including any payments made under subsection (b) of this section, to the child; the child’s parent, legal guardian, or counsel; the Family Division of the Superior Court; and the Office of the Child, Youth, and Family Advocate.