D.C. Law 24-309. Preserving Our Kids' Equity Through Trusts and Fostering Stable Housing Opportunities Amendment Act of 2022.
AN ACT
To amend the Prevention of Child Abuse and Neglect Act of 1977 to require the Child and Family Services Agency to implement the Foster Youth to Independence Initiative and to conserve children's federal benefits; to amend the Grandparent Caregivers Pilot Program Establishment Act of 2005 to conform the definition of godparent with its definition in the Close Relative Caregiver Subsidy Pilot Program Establishment Amendment Act of 2019, to clarify the date on which subsidy payments are to begin, and to make other programmatic improvements; and to amend the Close Relative Caregiver Subsidy Pilot Program Establishment Amendment Act of 2019 to make the program permanent, to clarify the date on which subsidy payments are to begin, and to make other programmatic improvements.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Preserving Our Kids' Equity Through Trusts and Fostering Stable Housing Opportunities Amendment Act of 2022".
Sec. 2. Title III of the Prevention of Child Abuse and Neglect Act of 1977, effective September 23, 1977 (D.C. Law 2-22; D.C. Official Code § 4-1303.01 et seq.), is amended as follows:
(a) A new section 303g is added to read as follows:
"Sec. 303g. Housing for youth aging out of Agency custody.
"(a)(1) At least 90 days before a youth leaves foster care in accordance with a transition plan described in section 475(5)(H) of the Social Security Act, approved June 17, 1980 (94 Stat. 510; 42 U.S.C. § 675(5)(H)) ("aging-out youth"), the Agency shall develop, in consultation with the aging-out youth and the youth's guardian ad litem, and provide to the aging-out youth and their guardian ad litem, a written housing plan.
"(2) If the housing plan does not contemplate the aging-out youth receiving a housing voucher, the plan shall include a thorough explanation of why the aging-out youth is not:
"(A) At risk of homelessness as that term is defined under
"(B) Prepared for independent living; or
"(C) Otherwise in need of a primary residence for independent living.
"(3) The housing plan shall include a description of housing options being pursued for the aging-out youth, including an explanation as to why each option is in the aging-out youth's best interest.
"(b) The Agency shall collaborate with the District of Columbia Housing Authority ("DCHA") to secure for an aging-out youth who is leaving foster care within 90 days or who has left foster care within the past 5 years who is at risk of homelessness and who requires assistance securing a primary residence for independent living other than a college dormitory or military housing a Family Unification Program Housing Choice Voucher.
"(c) The Agency and DCHA shall take any action required by the United Sates Department of Housing and Urban Development to administer the Foster Youth to Independence ("FYI") Initiative, which may include the Agency:
"(1) Providing or securing supportive services for participating youth for the duration of the FYI Initiative voucher;
"(2) Providing a written certification to DCHA verifying the youth's child welfare history; and
"(3) Identifying youth eligible for an FYI Initiative voucher within the Agency's caseload and communicating their eligibility to the youth.
"(d) Beginning on February 28 of the year after the effective date of this section, and no later than February 28 of each year thereafter, the Mayor shall submit a report to the Council on the Agency's efforts to ensure that no aging-out youth becomes homeless, including information on:
"(1) The number of aging-out youths who left foster care in the preceding fiscal year;
"(2) The number and percentage of aging-out youths who left foster care in the preceding fiscal year who were homeless, as that term is defined under
"(3) The number and percentage of aging-out youths who left foster care in the preceding 5 fiscal years who were homeless, as that term is defined under
"(4) Housing options available to aging-out youth and the process for accessing each housing option;
"(5) The processes by which the Agency matches aging-out youth with housing resources, including the use of matrices or other tools by any formal or informal governmental body, and a description of the considerations, qualifications, or other relevant factors that the Agency relies on when matching aging-out youth with housing resources; and
"(6) Any barriers faced by the Agency in successfully matching aging-out youth with housing resources and the Agency's mitigation of those barriers.".
(b) A new section 312 is added to read as follows:
"Sec. 312. Social Security benefits of children in Agency custody.
"(a) Upon a child's removal under
"(b) The Agency shall immediately notify the child, the child's guardian ad litem, and the child's parents or guardians of:
"(1) Any application for Social Security benefits made by the Agency on the child's behalf;
"(2) Any application by the Agency to become the child's Social Security benefits representative payee;
"(3) Any decisions or communications from the Social Security Administration regarding the child's benefits application; and
"(4) Any appeal by the Agency regarding the child's benefits application.
"(c) When the Agency serves as the representative payee or in another fiduciary capacity for a child receiving Social Security benefits, the Agency shall:
"(1) Be prohibited from reimbursing the District for any costs associated with the child's care using the child's Social Security benefits;
"(2) Monitor federal asset or resource limits that would affect the child's eligibility to continue to receive benefits and conserve the benefits in a way to avoid violating or exceeding those limits, including by:
"(A) Applying to the Social Security Administration for a Plan for Achieving Self-Support ("PASS") account for the child and determining the amount of benefits to deposit in the PASS account that would be in the best interests of the child;
"(B) Establishing a 529A plan account for the child;
"(C) Establishing an individual development account for the child;
"(D) Establishing a special needs trust for the child or joining a pooled special needs trust on behalf of the child;
"(E) If federal law requires certain back payments of benefits to be deposited into a dedicated account, opening a dedicated account for the child and complying with the requirements under 20 C.F.R. § 416.640(e); or
"(F) Applying any other exclusions from federal asset or resource limits available under federal law; and
"(3) Provide, at least once every 6 months, an accounting to the child, the child's guardian ad litem, and the child's parents or guardians of the child's resources, including of any Social Security benefits.
"(d) Upon the child's exit from foster care, the Agency shall develop a written plan in collaboration with the child, the child's guardian ad litem, and any individual with parental rights regarding the future use and control of the child's resources conserved under this section that would be in the best interest of the child. The following party's preferences shall be considered in the best interest of the child if there is disagreement on the use and control of the child's resources:
"(1) The child, if the child is or will be an aged-out youth, as that term is defined in
"(2) The adoptive parent, if the child is or will be adopted; or
"(3) The child's parent or guardian if the child is or will be reunited with the parent or guardian.
"(e) The Agency shall timely effectuate portions of the written plan within its control or designated responsibilities. If the Social Security Administration takes any action inconsistent with the realization of the written plan, the Agency shall develop a revised written plan consistent with subsection (d) of this section.
"(f) The Agency shall avoid overpayment of Social Security benefits while serving as the representative payee and shall pay any discovered overpayment to the appropriate federal entity. The Agency may request a waiver of adjustment or recovery of an overpayment, including filing an appeal; provided, that the Agency shall pay any overpayment amount deemed final.
"(g) The Agency shall provide at least 5 hours of financial literacy education, financial management training, and financial skills building to any individual gaining access for the first time to the child's resources conserved by the Agency; except, that an individual's failure to attend or receive Agency-sponsored training shall not constitute Agency non-compliance with the written plan regarding the future use and control of conserved resources developed under this section.
"(h)(1) The Agency may execute any contracts, grants, or agreements necessary to implement the provisions of this section.
"(2) The Agency's duties under this section may be delegated to an Agency contractee or grantee.
"(i) Beginning on February 28 of the year after the applicability date of this section, and no later than February 28 of each year thereafter, the Mayor shall submit a report to the Council on the Agency's efforts to conserve the Social Security benefits of children under its care, which shall include:
"(1) The number of children receiving Social Security benefits;
"(2) Without divulging identifiable information, for each child receiving benefits, the type of benefits, the amount conserved, and the type of account in which the benefits are being conserved;
"(3) The total amount of federal benefits being conserved by the Agency;
"(4) The total number of accounts established each month; and
"(5) A summary of the Agency's efforts to educate children, their parents or guardians, and their guardians ad litem on financial literacy and the requirements of this section.
"(j) The Mayor, pursuant to
Sec. 3. The Grandparent Caregivers Pilot Program Establishment Act of 2005, effective March 8, 2006 (D.C. Law 16-69; D.C. Official Code § 4-251.01 et seq.), is amended as follows:
(a) Section 101(1A) (D.C. Official Code § 4-251.01(1A)) is amended to read as follows:
"(1A) "Godparent" means an individual with close personal or emotional ties with the child or the child's family that pre-date the child's placement with the individual.".
(b) Section 103 (D.C. Official Code § 4-251.03) is amended as follows:
(1) Subsection (a)(5) is amended to read as follows:
"(5) The grandparent's annual household income is under 200% of the federally defined poverty level;".
(2) The lead-in language of subsection (c)(1) is amended to read as follows:
"(c)(1) Provided that written notice of termination shall be postmarked 15 days before the effective date of the termination of a grandparent's subsidy payments, the Mayor shall terminate subsidy payments to a grandparent at any time if:".
(3) New subsections (g) and (h) are added to read as follows:
"(g) The Mayor shall resolve all doubts regarding eligibility in favor of the applicant.
"(h) The Mayor shall process an application for a subsidy with reasonable promptness. An applicant whose application has been approved shall receive the first subsidy payment within 45 days of being deemed eligible, unless a delay is caused by unusual circumstances beyond the Mayor's control.".
(c) Section 104 (D.C. Official Code § 4-251.04) is amended by adding a new subsection (d) to read as follows:
"(d) The amount of the first subsidy payment shall be calculated from the date the grandparent or relative caregiver is deemed eligible to receive a subsidy.".
Sec. 4. The Close Relative Caregiver Subsidy Pilot Program Establishment Amendment Act of 2019, effective November 26, 2019 (D.C. Law 23-32; D.C. Official Code § 4-251.21 et seq.), is amended as follows:
(a) Section 102 (D.C. Official Code § 4-251.22) is amended to read as follows:
"Sec. 102. Establishment of a program to provide subsidies for close relative caregivers.
"By December 31, 2019, the Mayor shall establish a program through which eligible close relative caregivers may receive subsidy payments for the care and custody of a child residing in their home.".
(b) Section 103 (D.C. Official Code § 4-251.23) is amended as follows:
(1) Subsection (a)(5) is amended to read as follows:
"(5) The close relative's annual household income is under 200% of the federally defined poverty level;".
(2) The lead-in language of subsection (d)(1) is amended to read as follows:
"(d)(1) Provided that written notice of termination shall be postmarked 15 days before the effective date of the termination of a close relative's subsidy payments, the Mayor shall terminate subsidy payments to a close relative if:".
(3) New subsections (h) and (i) are added to read as follows:
"(h) The Mayor shall resolve all doubts regarding eligibility in favor of the applicant.
"(i) The Mayor shall process an application for a subsidy with reasonable promptness. An applicant whose application has been approved shall receive the first subsidy payment within 45 days of being deemed eligible, unless a delay is caused by unusual circumstances beyond the Mayor's control.".
(c) Section 104 (D.C. Official Code § 4-251.24) is amended by adding a new subsection (e) to read as follows:
"(e) The amount of the first subsidy payment shall be calculated from the date the close relative caregiver is deemed eligible to receive a subsidy.".
Sec. 5. Applicability.
(a) Amendatory section 312 within section 2(b) shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.
(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan and provide notice to the Budget Director of the Council of the certification.
(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.
(2) The date of publication of the notice of the certification shall not affect the applicability of this act.
Sec. 6. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 7. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.
