46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO CHILDREN; PROVIDING FOR A SOCIAL SECURITY ASSISTANCE PROGRAM FOR CHILDREN IN THE CUSTODY OF THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. CHILDREN, YOUTH AND FAMILIES DEPARTMENT--SOCIAL SECURITY ASSISTANCE PROGRAM.--

A. The legislature finds that assisting youth in securing social security benefits is a cost-effective method to improve the lives of hundreds of children in state custody and improve their chances of returning to a safe and stable home.

B. The children, youth and families department shall establish and maintain a social security assistance program to ensure that all children residing in state custody who are eligible for social security benefits apply for and receive all benefits available to them. The elements of the program shall include:

(1) provisions for screening all children in the custody of the department for eligibility for social security supplemental security income or social security survivor's benefits. Each child shall be screened within six months of entering the department's custody; provided that each child in the custody of the department on July 1, 2003 shall be screened no later than December 31, 2003;

(2) provisions for applying for supplemental security income or survivor's benefits for each child determined by the screening process to be, more likely than not, eligible for benefits;

(3) a process to ensure that the department shall request reconsideration and timely appeal adverse decisions where appropriate;

(4) children's maintenance accounts. The department shall establish a no-cost, interest-bearing account for each child in the department's custody who receives social security benefits. Interest earned shall be credited to the account. The department shall keep an itemized current account of all income and expense items for each child's maintenance account;

(5) procedures for disbursing money from the accounts. The department shall use social security benefits only:

(a) for the use and benefit of the child;

(b) for purposes determined to be in the child's best interest; and

(c) in accordance with an assessment of the child's individual needs; provided that each child beneficiary shall receive a personal allowance of at least thirty dollars ($30.00) each month for the child's personal use; and

(6) individual transition savings accounts. The department shall establish an individual commercial savings account for each social security beneficiary no later than ninety days prior to the child's release from department custody. The account shall be referred to as an "individual transition savings account". The department shall deposit the balance of each beneficiary child's maintenance account into the child's individual transition savings account when the child is released from department custody and shall transfer its interest in the individual transition savings account to the child beneficiary or to the beneficiary's legal guardian within thirty days of the child's release from custody.

C. The children, youth and families advisory committee shall, on a regular basis, evaluate the social security assistance program and report its findings and recommendations to the secretary of children, youth and families.

D. No later than December 31, 2003, the children, youth and families department shall promulgate such rules as are necessary to implement the provisions of this section.