§ 5-527.1. Protecting the resources of children in State custody
West's Annotated Code of MarylandFamily LawEffective: October 1, 2018
Effective: October 1, 2018
MD Code, Family Law, § 5-527.1
§ 5-527.1. Protecting the resources of children in State custody
(a) This section applies to children committed to the custody of the Department.
(b) When applying for benefits under this section for a child in the Department's custody, the Department shall, in cooperation with the child's attorney, identify a representative payee or fiduciary in accordance with the requirements of 20 C.F.R. §§ 404.2021 and 416.621.
(c) Consistent with federal law, when the Department serves as the representative payee or in any other fiduciary capacity for a child receiving Veterans Administration benefits, Supplemental Security Income, or Social Security benefits, the Department shall:
(2) ensure that when the child attains the age of 14 years and until the Department no longer serves as the representative payee or fiduciary, a minimum percentage of the child's benefits are not used to reimburse the State for the costs of care for the child and are used or conserved in accordance with items (3) and (4) of this subsection, as follows:
(3) for the child's benefits or resources that are below or not subject to any federal asset or resource limit, exercise discretion in accordance with federal law and in the best interest of the child to conserve the funds or use the funds for services for special needs not otherwise provided by the Department, including choosing one or more of the options listed under item (4) of this subsection;
(4) appropriately monitor any federal asset or resource limits for the benefits and ensure that the child's best interest is served by using or conserving the benefits in a way that avoids violating any federal asset or resource limits that would affect the child's eligibility to receive the benefits, including:
(d)(1) The Department shall immediately notify the child through the child's attorney of:
(2) When the Department serves as the representative payee or otherwise receives Veterans Administration benefits, Supplemental Security Income, or Social Security benefits on the child's behalf, the Department shall provide notice to the child through the child's attorney of the following before each juvenile court hearing regarding the child:
Credits
Added by Acts 2018, c. 815, § 1, eff. Oct. 1, 2018; Acts 2018, c. 816, § 1, eff. Oct. 1, 2018.
MD Code, Family Law, § 5-527.1, MD FAMILY § 5-527.1
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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