HB 1711

H-0473.2
  HOUSE BILL 1711
State of Washington  69th Legislature      2025 Regular Session
By Representatives Callan, Eslick, Reed, and Nance
Read first time 01/29/25.   Referred to Committee on Appropriations.
1      AN ACT Relating to strengthening the financial stability of
2  persons in the care of the department of children, youth, and
3  families; amending RCW 74.13.060; and adding a new section to chapter
4  43.216 RCW.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6     NEW SECTION. Sec. 1. A new section is added to chapter 43.216
7 RCW to read as follows:
8     (1) As of January 1, 2026, the department may not apply any
9 benefits, payments, funds, or accrual paid to, or on behalf of, a
10 person in the care of the department subject to chapter 13.34 or
11 13.40 RCW as reimbursement for the cost of care.
12     (2) When a person is in the care of the department and is not
13 already receiving supplemental security income and retirement,
14 survivors, and disability insurance benefits, the department shall
15 assess whether the person is eligible for such benefits. The
16 department shall screen persons in out-of-home placement for
17 eligibility for such benefits on an ongoing basis. When a person is
18 assessed to be eligible for social security benefits, the department
19 shall:
20     (a)(i) Apply for supplemental security income and retirement,
21 survivors, and disability insurance benefits on behalf of the person.
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1 If a person is over the age of 12, the person shall be asked to
2 consent to authorize a release of information for the application;
3      (ii) When the department applies for supplemental security income
4 and retirement, survivors, and disability insurance benefits on
5 behalf of a person, the department shall provide notification of the
6 application to the person and:
7     (A) The person's caregivers and all parties to the dependency, if
8 the person is a dependent child under chapter 13.34 RCW; or
9      (B) The person's parent or legal guardian if the person is under
10 age 18 and is being held under the supervision of juvenile
11 rehabilitation for juvenile and adult offenders under chapter 13.40
12 RCW;
13      (b) Provide all relevant information to the social security
14 administration concerning potential representative payees; and
15     (c) If the person is approved for benefits, maintain eligibility
16 for the benefits.
17     (3) When a person is in the care of the department and is already
18 receiving supplemental security income and retirement, survivors, and
19 disability insurance benefits and the permanency plan for the person
20 is reunification, the department may delay applying to become the
21 representative payee to support reunification.
22     (4) When the department is the representative payee for a person
23 in the care of the department, the department shall:
24     (a) Place funds into an account on behalf of the person. The
25 department shall disburse funds from the account for the purpose of
26 meeting any of the person's unmet personal needs while in care. Funds
27 may only be used to meet unmet personal needs that are not covered by
28 other state or federal funds and may not supplant other funding
29 sources that would cover the person's care. When the amount of money
30 due to the person exceeds asset limits for the benefit or exceeds the
31 amount needed to provide for the person's personal needs, the
32 department shall place the funds in an appropriate savings or
33 investment that will not count against the person's eligibility for
34 supplemental   security   income   and  retirement,   survivors,  and
35 disability insurance benefits, unless such funds are needed for the
36 person   to  access   medicaid   waiver  services   provided  by  the
37 developmental disabilities administration. Such accounts may include,
38 but are not limited to:
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1     (i) A Washington achieving a better life experience program
2 account managed by the department of commerce pursuant to RCW
3 43.330.462;
4     (ii) A special needs trust or pooled trust; or
5     (iii) A savings account; and
6     (b) Provide an annual account statement to the person, and any
7 other persons required to be notified under subsection (2)(a)(ii)(A)
8 or (B) of this section.
9     (5) When the conditions of placement no longer exist the
10 department shall work with the parent, person, or agency who is
11 legally responsible for the person to become the representative
12 payee. If the person is turning 18, the department shall work with
13 the person to become the payee, unless the person requires a guardian
14 to manage the funds.
15     (6) The department shall develop and implement a financial
16 literacy training for youth that includes information related to
17 public benefits. The training must be provided to persons exiting the
18 care of the department when the person is:
19     (a) Over the age of 14;
20     (b) Receiving or likely to be eligible to receive public benefit
21 payments; and
22     (c) Likely to have the ability to participate in the management
23 of their own payments in the future.
24     Sec. 2.   RCW 74.13.060 and 2009 c 520 s 59 are each amended to
25 read as follows:
26     (1) The secretary or his or her designees or delegatees shall be
27 the custodian without compensation of such moneys and other funds of
28 any person which may come into the possession of the secretary during
29 the period such person is placed with the department or an entity
30 with which it has entered into a performance-based contract pursuant
31 to chapter 74.13 RCW. As such custodian, the secretary shall have
32 authority to disburse moneys from the person's funds for the
33 following purposes only and subject to the following limitations:
34     (a) For such personal needs of such person as the secretary may
35 deem proper and necessary.
36     (b) ((Against the amount of public assistance otherwise payable
37 to such person. This includes applying, as reimbursement, any
38 benefits, payments, funds, or accrual paid to or on behalf of said
39 person from any source against the amount of public assistance
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1 expended on behalf of said person during the period for which the
2 benefits, payments, funds or accruals were paid)) To conserve funds
3 in a savings or investment account subject to section 1 of this act.
4     (2) All funds held by the secretary as custodian may be deposited
5 in a single fund, the receipts and expenditures therefrom to be
6 accurately accounted for by him or her on an individual basis.
7 Whenever, the funds belonging to any one person exceed the sum of
8 ((five hundred dollars)) $2,000, the secretary may deposit said funds
9 in a savings and loan association account, or other savings or
10 investment account subject to section 1 of this act, on behalf of
11 that particular person.
12     (3) When the conditions of placement no longer exist and public
13 assistance is no longer being provided for such person, upon a
14 showing of legal competency and proper authority, the secretary shall
15 deliver to such person, or the parent, person, or agency legally
16 responsible for such person, all funds belonging to the person
17 remaining in his or her possession as custodian, together with a full
18 and final accounting of all receipts and expenditures made therefrom.
19     (4) The appointment of a guardian for the estate of such person
20 shall terminate the secretary's authority as custodian of said funds
21 upon receipt by the secretary of a certified copy of letters of
22 guardianship. Upon the guardian's request, the secretary shall
23 immediately forward to such guardian any funds of such person
24 remaining in the secretary's possession together with full and final
25 accounting of all receipts and expenditures made therefrom.
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