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Arizona Revised Statutes Title 8. Child Safety § 8-468. Federal benefits; dependent children; application; prohibition; accounting; notice; annual review

Current as of January 01, 2025 | Updated by Findlaw Staff

A. For all children in the care of the department of child safety, the department of child safety shall determine whether each child is receiving or eligible for benefits administered by the social security administration or the veterans administration within sixty days after the child enters the department's care. If the department of child safety determines that a child is eligible or may be eligible for federal benefits, the department of child safety shall apply for the benefits on behalf of the child.

B. If a child is already receiving benefits before entering the department's care or if the department applies for benefits on behalf of the child, the department shall identify, in consultation with the child and the child's attorney, a representative payee in accordance with 20 Code of Federal Regulations sections 404.2021 and 416.621 and shall apply to become the representative payee only if no other suitable candidate is available. If the department of child safety is appointed to serve as the representative payee, the department:

1. May not use the child's federal benefits, other benefits, savings or assets to pay for or to reimburse the department of child safety or this state for any of the costs of the child's care.

2. May use the child's federal benefits for the child's unmet needs beyond what the department of child safety is obligated, required or agrees to pay.

3. Shall establish an appropriate account to use and conserve the child's benefits in the child's best interest for current unmet needs and future needs in a manner consistent with federal and state asset and resource limits. The account may include any of the following:

(a) A special needs trust.

(b) A pooled special needs trust.

(c) An achieving a better life experience account established pursuant to section 529a of the internal revenue code.  1

(d) Any other trust account determined not to interfere with social security or asset limitations for any other benefit program.

4. In addition to the requirements of § 14-9115, shall provide an annual accounting as to the use, application or conservation of the child's federal benefits to the child, the child's attorney and the child's parents or guardians.

5. Shall periodically review if someone other than the department is available to apply to assume the role of representative payee and could better serve in that role in the child's best interests.

C. The department of child safety shall notify the child, the child's parents, unless parental rights have been terminated, the child's guardian, the child's current placement and the child's attorney of any application, decision or appeal related to a child's federal benefits. In providing notice of any denial of benefits, the department shall consult with the child's attorney and appeal the denial if it is in the child's best interests.

D. The department shall annually review cases of children in the department's care to determine whether a child may have become eligible for benefits after the department's initial assessment.

E. Notwithstanding any other law, on termination of the department's responsibility for the child, the department shall release any monies remaining to the child's credit pursuant to the requirements of the funding source or, in the absence of any requirements, shall release the remaining monies to:

1. The child, if the child is at least eighteen years of age or is emancipated.

2. The person who is responsible for the child if the child is a minor and not emancipated.

1 Internal Revenue Code sections may be found in Title 26 of U.S.C.A.
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Cite this article: FindLaw.com - Arizona Revised Statutes Title 8. Child Safety § 8-468. Federal benefits; dependent children; application; prohibition; accounting; notice; annual review - last updated January 01, 2025 | https://codes.findlaw.com/az/title-8-child-safety/az-rev-st-sect-8-468/

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