An Act to create 48.49 of the statutes; Relating to: the state or federal benefits of a child in out-of-home care. (FE)
Summary
AB1053 would create a new section of Wisconsin statutes requiring the Department of Children and Families or a county human/social services department, when acting as representative payee for a child in out-of-home care, to conserve that child’s state or federal benefits in protected accounts. The bill is designed to preserve those funds for the child’s future use and to keep the money from counting against asset limits for state or federal benefit programs, so long as that approach is consistent with the child’s best interests.
The bill also requires periodic accounting to the child, the child’s attorney or guardian ad litem, and the child’s parent, guardian, or Indian custodian about how the benefits are being conserved and used. When the child leaves out-of-home care, the department must work with the child and the appropriate federal agency to return any remaining funds to the child or another fiduciary. The department may contract with a public or private agency to carry out these duties and may take steps to ensure statewide compliance.
Impact
AB1053 would add a new statutory obligation on state and county child welfare agencies handling benefits for children in out-of-home care. It would prohibit those agencies from using a child’s state or federal benefits to offset the costs of foster care or other out-of-home care expenses, and would instead require preservation of those funds in protected accounts. The bill would affect the Department of Children and Families, county departments of human services or social services, children in out-of-home care who receive benefits, and related fiduciaries and legal representatives.
Sentiment
The available record shows no committee transcript, recorded vote, or other debate on the bill, so there is no documented floor or committee sentiment to summarize. Based on the bill text alone, the measure appears to be framed as a child-protection and benefit-preservation policy rather than a controversial restructuring of child welfare services. However, the bill ultimately failed to pass pursuant to Senate Joint Resolution 1, indicating it did not advance to enactment.
Contention
The main policy tension in AB1053 is between preserving a child’s benefits for the child’s future use and allowing public agencies to use those benefits to help cover the costs of out-of-home care. The bill resolves that issue in favor of the child by barring agencies from applying the benefits to care costs. Potential points of concern for agencies and policymakers include administrative burden, compliance costs, the need to manage protected accounts and accountings, and coordination with federal benefit programs and fiduciary rules. No specific opposing arguments or named opponents are provided in the available materials.
Prohibits DCF from using federal benefits received by a child in out of home placement to reimburse State for cost of child's care, except under certain circumstances.
Prohibits DCF from using certain federal benefits to reimburse State for cost of a child's care; requires DCF to conserve benefits for child's unmet or future needs.
Reducing certain license fees and training requirements for child care staff, creating a process for day care facility licensees to apply for temporary waiver of certain statutory requirements, authorizing the secretary of health and environment to develop and operate pilot programs to increase child care availability or capacity, transferring certain child care programs to the Kansas office of early childhood and creating day care licensing duties of the director of early childhood.
Resolve, Requiring the Department of Health and Human Services to Study Options for Allowing Children in the Department's Custody to Receive Federal Benefits