13754.
(a) It is the intent of the Legislature that nothing in this section shall not be interpreted to preclude a nonminor dependent from accessing the same benefits, services, and supports, and exercise the same choices available to all dependents. It is further the intent of the Legislature that nonminor dependents who receive federal Supplemental Security Income benefits can serve as their own payee, if it is determined that the nonminor dependent satisfies the criteria established by the Social Security Administration, and should be assisted in receiving direct payment by the county
placing agency. It is further the intent of the Legislature that individuals who have had their eligibility for federal Supplemental Security Income benefits established pursuant to Section 13757 be able to maintain that eligibility even when they remain in the state’s care as a nonminor dependent. In order to facilitate this, it is the intent of the Legislature that the county placing agency ensure that the youth receives an SSI payment during at least one month of each 12-month period while the youth is a nonminor dependent. It is further the intent of the Legislature that the county placing agency supplement the SSI payment that a youth receives during this one-month period with nonfederal AFDC-FC benefits.(b) For a nonminor dependent who is receiving federal Supplemental Security Income payments, the county shall
do both of the following:
(1) Assist the youth nonminor dependent in establishing continuing disability as an adult, including, but not limited to, gathering and submitting relevant records to the Social Security Administration, notifying the youth nonminor dependent of any denials or terminations of aid and assisting with timely requesting an appeal, as needed, and assisting the youth
nonminor dependent in retaining an advocate to provide extended legal representation and advocacy.
(2) In consultation with the youth, nonminor dependent, identify an appropriate representative payee, which may include the youth, nonminor dependent, a trusted adult, or the county.
(A) If the nonminor dependent selects a representative payee that is not the county, the county shall assist the nonminor dependent
in requesting a change of payee to the Social Security Administration. The county shall assist the nonminor dependent or the nonminor dependent’s representative payee in communicating any changes in the youth’s nonminor dependent’s foster care case to the Social Security Administration if those changes would affect the youth’s nonminor dependent’s eligibility for, or amount of, SSI benefits.
(B) If the nonminor dependent selects the county as their representative payee, the county shall follow the
procedures described in Section 13757 to maintain eligibility for SSI payments. The county shall advise the nonminor dependent on an annual basis of the nonminor dependent’s right to request a different representative payee and document in the nonminor dependent’s transitional independent living case plan steps the nonminor dependent can take to become their own payee by 21 years of age. If the youth nonminor dependent exits care prior to attaining 21 years of age, the county shall assist the nonminor dependent in submitting a representative payee application to the Social Security Administration to ensure that the youth
nonminor dependent receives SSI payments as soon as possible after exiting care.
(C) To fulfill the duties of this subdivision, the county may contract with legal services organizations to provide extended legal representation on behalf of children or nonminor dependents in foster care.
(c) In its capacity as representative payee, the county shall do all of the following:
(1) Establish a no-cost, interest-bearing maintenance account for each child and nonminor dependent in the department’s custody for whom the department serves as representative payee. Interest earned shall be credited to the account. The county shall keep an itemized current account, in the manner required by
federal law, of all income and expense items for each child’s and nonminor dependent’s maintenance account.
(2) Establish procedures for disbursing money from the accounts, including disbursing the net balance to the beneficiary upon release from care. The county shall use social security and SSI/SSP benefits only for the following purposes:
(A) For the use and benefit of the child or nonminor dependent.
(B) For purposes determined by the county to be in the child’s or nonminor’s best interest.
(3) Establish and maintain a dedicated account in a financial institution for past-due monthly benefits that exceed six times the maximum monthly benefit
payable, in accordance with federal law. The representative payee may deposit into the account established under this section any other funds representing past due benefits to the eligible individual, provided that the amount of the past due benefits is equal to or exceeds the maximum monthly benefit payable. Funds from the dedicated account shall not be used for basic maintenance costs. The use of funds from the dedicated account must be for the benefit of the child and are limited to expenditures for the following purposes:
(A) Medical treatment.
(B) Education or job skills training.
(C) Personal needs assistance.
(D) Special equipment.
(E) Housing modification.
(F) Therapy or rehabilitation.
(G) Other items or services, deemed appropriate by the Social Security Administration.
(d) Beginning in the 2011–12 fiscal year, and each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.