California Welfare and Institutions Code

§ 13756

WIC § 13756 Effective Jan 1, 2025Div. 9 · Part 3 · Ch. 6.2

Statute text

(a)The Legislature finds that the State of California has utilized federal benefits administered by the federal Social Security Administration to offset the cost of foster care placement and that the utilization of these funds to support youth and young adults with their transition to adulthood would meet an urgent need for a population that is at high risk of homelessness. The Legislature finds that it is in a child’s best interests to ensure that federal survivors’ benefits for which they are eligible are available for their current and future use. It is the intent of the Legislature that federal Social Security Administration survivors’ benefits received by a child or youth in foster care shall not be utilized by the county placing agency to offset the cost of the child or youth’s care, and that placing agencies shall instead conserve those funds for the future use of the beneficiary.

(b)When the placing agency serves as the representative payee or in any other fiduciary capacity for a child or youth receiving federal Social Security Administration survivors’ benefits, the placing agency shall act in accordance with the Guide for Organizational Representative Payees, as published by the federal Social Security Administration, and shall do all of the following:

(1)Ensure that the child’s survivors’ benefits are not used to pay for, or to reimburse the placing agency for, any costs of the child’s care and supervision, as defined in subdivision (b) of Section 11460, and are conserved in accordance with paragraph (2).

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Legislative history

Repealed and added by Stats. 2024, Ch. 623, Sec. 6. (AB 2906) Effective January 1, 2025. Conditionally operative on or after January 1, 2025, by its own provisions.