SB284 - Revises provisions relating to child welfare. (BDR 38-747)

- 83rd Session (2025) Senate Bill No. 284–Senators Cannizzaro, Scheible, Nguyen; Cruz- Crawford, Daly, Doñate, Dondero Loop, Flores, Ohrenschall and Taylor CHAPTER.......... AN ACT relating to child welfare; requiring an agency which provides child welfare services to take certain measures to facilitate the payment of certain benefits to which a child in the custody of the agency is entitled; revising the manner in which an agency which provides child welfare services is required to maintain and use certain benefits and awards received on behalf of such a child; requiring an agency which provides child welfare services to provide certain training and information to certain children and other persons interested in the welfare of the child; requiring an agency which provides child welfare services to report certain information to a court; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires that all benefits for survivors or other awards payable to a child receiving child welfare services: (1) in a county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties) be deposited in the State Treasury for credit to the Trust Fund for Child Welfare; or (2) in a county whose population is 100,000 or more (currently Clark and Washoe Counties) be deposited in a trust fund for child welfare established in the county treasury. Existing law requires the Division of Child and Family Services of the Department of Health and Human Services to use money in the Trust Fund for Child Welfare to pay for any services provided to the child to whom the benefits or awards were payable with public money. Existing law authorizes the agency which provides child welfare services in a county whose population is 100,000 or more to use the money in the trust fund for child welfare in the county treasury to pay for such services. (NRS 432.037) Section 6 of this bill repeals those provisions. Section 1 of this bill requires an agency which provides child welfare services to determine if each child in the custody of the agency is receiving or is eligible to receive federal benefits administered by the Social Security Administration or the United States Department of Veterans Affairs. If a child is eligible to receive such federal benefits, section 1 requires the agency which provides child welfare services to promptly apply for the federal benefits on behalf of the child. If the agency which provides child welfare services applies for such federal benefits on behalf of a child in its custody or if such a child is receiving such federal benefits, section 1 requires the agency to: (1) determine whether there is a person who may be the representative payee for the child for the purpose of receiving such federal benefits; and (2) if no person is suitable, apply to the Federal Government to be the representative payee for the child. If the agency which provides child welfare services is approved to be the representative payee for the child, section 1 additionally requires the agency to: (1) establish an account for the purpose of using and conserving the federal benefits and any other benefits or awards received on behalf of the child; (2) perform an accounting of the use, application or conservation of all benefits that the agency receives on behalf of the child every 6 months; and (3) notify and consult with certain persons associated with the child – 2 – - 83rd Session (2025) concerning applications for and the use of federal benefits. Section 1 also requires the agency to provide financial counseling to a child who is in the custody of the agency, is receiving benefits and is 14 years of age or older. Section 1 prohibits an agency which provides child welfare services that serves as the representative payee for a child from using any benefits, awards or assets belonging to a child to pay for the costs of the care of the child. Section 1 requires an agency which provides child welfare services that is the representative payee for a child to periodically assess whether there is a more suitable person to serve as the representative payee for the child, consult with certain interested persons as to whether the person is suitable for that role and, if so, assist the person in applying to be the representative payee. If a person assumes the role of representative payee, section 1 requires the agency to provide certain training to the person and request from the person certain documents relating to the accounting of funds of the child. Upon ceasing to serve as the representative payee for a child, section 1 requires an agency which provides child welfare services to remit any balance in the account maintained on behalf of the child or transfer control over the account in accordance with any requirements imposed by the source of the money or, if no such requirements exist, to: (1) the new representative payee or the parent or legal guardian of the child; or (2) if the child is emancipated or has reached 18 years of age, the child. Sections 1 and 3 of this bill require an agency which provides child welfare services to submit to a court overseeing the case of a child in its custody who is receiving federal benefits certain documentation on the accounting of those benefits. Section 2 of this bill makes a conforming change to indicate the proper placement of section 1 in the Nevada Revised Statutes. Section 4 of this bill requires the Division to, on or before January 1, 2026, close each account in the Trust Fund and: (1) if the Division is the representative payee for the child for which the account was maintained, deposit the money into an account maintained pursuant to section 1; or (2) if the Division is not the representative payee for the child, remit the balance of the account in accordance with any requirements imposed by the source of the money or, if no such requirements exist, to the new representative payee, the parent or guardian of the child or the child, depending on the circumstances. Section 4 requires an agency which provides child welfare services in a county whose population is 100,000 or more to take similar action with regard to the trust fund for child welfare in the county treasury. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 432 of NRS is hereby amended by adding thereto a new section to read as follows: 1. Not later than 60 days after a child is placed in the custody of an agency which provides child welfare services and annually thereafter, the agency which provides child welfare services shall determine whether the child is receiving or is eligible to receive federal benefits. – 3 – - 83rd Session (2025) 2. If an agency which provides child welfare services determines pursuant to subsection 1 that a child is eligible to receive federal benefits but is not currently receiving such benefits, the agency which provides child welfare services shall promptly apply for the federal benefits on behalf of the child. 3. If a child in the custody of an agency which provides child welfare services is receiving federal benefits or if the agency which provides child welfare services applies for federal benefits on behalf of the child pursuant to subsection 2, the agency which provides child welfare services shall: (a) Determine, in consultation with the child, any parent whose rights have not been terminated and the attorney for the child, whether there is a person who is suitable to be the representative payee for the child in accordance with 20 C.F.R. §§ 404.2021 and 416.621; and (b) If there is no person who is suitable to be the representative payee for the child, apply to be the representative payee for the child pursuant to 20 C.F.R. §§ 404.2024 and 416.624 and deposit the federal benefits into an account established pursuant to subsection 4. 4. If an agency which provides child welfare services is the representative payee for a child, the agency which provides child welfare services shall: (a) Establish an account that is appropriate to use and conserve the federal benefits and any other benefits or awards received on behalf of the child. An account established pursuant to this paragraph may be, without limitation: (1) A special needs trust; (2) A pooled special needs trust; (3) An ABLE account described in section 592A of the Internal Revenue Code, 26 U.S.C. § 529A; or (4) Any other trust account that will not interfere with the eligibility of the child for any benefits provided by the Federal Government, this State or an agency or political subdivision of this State. (b) Regularly meet with the child and the attorney for the child to discuss the federal benefits and ascertain the needs of the child, including, without limitation, needs related to the future plans of a child who is 14 years of age or older once he or she reaches the age of majority. (c) If the child is 14 years of age or older, provide financial counseling to the child on preserving his or her eligibility for benefits, the use of the benefits for the needs of the child in – 4 – - 83rd Session (2025) accordance with subsection 5 and planning for future needs that are foreseeable. 5. An agency which provides child welfare services that is the representative payee for a child shall not use any federal benefits or other benefits, awards or assets belonging to a child to pay for or reimburse the agency which provides child welfare services or any other state or local governmental agency for costs of the child’s care. The agency which provides child welfare services may use such money in the specific interests of the child, as determined in cooperation with the child and attorney for the child, for costs not covered by the agency as part of the child’s care or by the health insurance of the child. 6. In addition to any accounting required by NRS 166A.310, an agency which provides child welfare services that is the representative payee for a child shall, at least once every 6 months, perform an accounting of the use, application or conservation of all benefits received by the agency on behalf of the child and provide documentation of the accounting to: (a) The child; (b) Any parent of the child whose parental rights have not been terminated; (c) Any legal guardian of the child; (d) The attorney for the child; and (e) A court, as required by NRS 432B.580. 7. An agency which provides child welfare services that has applied for benefits pursuant to subsection 2 shall notify the child, any parent of the child whose parental rights have not been terminated, the legal guardian of the child and the attorney for the child of any application, decision or appeal related to benefits, any application pursuant to paragraph (b) of subsection 3 to be the representative payee for the child or any decision or appeal related to such an application. 8. If an application for federal benefits submitted by an agency which provides child welfare services on behalf of a child is denied, the agency which provides child welfare services shall: (a) Consult with the attorney for the child; and (b) Appeal the denial if an appeal is in the best interests of the child. 9. An agency which provides child welfare services that is the representative payee for a child shall periodically assess whether there is a person who is suitable to assume the role of representative payee and who would better serve the best interests of the child. If the agency which provides child welfare services – 5 – - 83rd Session (2025) determines that such a person exists, the agency which provides child welfare services shall consult with the child, any parent whose rights have not been terminated and the attorney for the child about the person identified. If after such consultation, the agency continues to believe that the person is suitable to assume the role of representative payee, the agency shall contact the person to support him or her in applying to be the representative payee for the child. 10. If a person assumes the role of representative payee pursuant to subsection 3 or 9 for a child who is in the custody of an agency which provides child welfare services, the agency shall: (a) Provide training to the representative payee relating to: (1) The fiduciary obligations of a representative payee; (2) Establishing, monitoring and utilizing accounts to maintain the child’s eligibility for benefits; and (3) Utilizing and accounting for the benefits of the child; (b) While the child remains in the custody of the agency, require the representative payee to: (1) Perform an accounting every 6 months of the use, application or conservation of all benefits received by the representative payee on behalf of the child; and (2) Provide documentation of each accounting performed pursuant to subparagraph (1) to the agency; and (c) Include any documentation provided pursuant to paragraph (b) in a report submitted to a court pursuant to NRS 432B.580. 11. An agency which provides child welfare services that ceases to serve as the representative payee for a child shall remit any balance remaining in an account established pursuant to subsection 4 or transfer control over such an account in accordance with the requirements prescribed by the source of the money or, in the absence of such requirements, to: (a) The new representative payee for the child, if any; (b) The parent or legal guardian of the child, if there is no new representative payee and the child is not emancipated and has not reached 18 years of age; or (c) The child if the child is emancipated or has reached 18 years of age. 12. An agency which provides child welfare services shall, not earlier than 18 months before the 18th birthday of a child in the custody of the agency who is receiving federal benefits and not later than 12 months before that birthday: – 6 – - 83rd Session (2025) (a) Inform the child concerning any actions necessary for the child to: (1) Continue to be eligible to receive federal benefits after his or her 18th birthday; and (2) Receive federal benefits directly or designate a new representative payee; (b) Inform the child concerning any effect of other benefits received by or on behalf of the child on the amount of the federal benefits received by the child; and (c) Assist the child with any actions described in paragraph (a). 13. [Text truncated for display. Full text available on LegiScan.]