MANAGING AND USING UNEARNED INCOME AND RESOURCES FOR FOSTER CHILDREN AND YOUTH

LEGAL BASIS, PURPOSE, AND DEFINITIONS

The legal basis for the department managing and using foster children's and youth's unearned income and resources are:

(1) RCW 74.13.031; and

(2) RCW 74.13.060.

The department will apply for and use any unearned income and resources, including reimbursements, benefits, payments, funds, or accruals paid to or on behalf of children or youth in foster care to cover the amount of public assistance used on their behalf as outlined in RCW 74.13.060.

The following definitions apply to this chapter:

"Department" means the Washington state department of children, youth, and families.

"Out-of-home care" means the same as defined in RCW 13.34.030.

"Social Security Disability Income (SSDI)" means the same as defined in 42 U.S.C. § 423.

"Supplemental Security Income (SSI)" means the same as defined in 42 U.S.C. § 1381a.

((STATE SUPPLEMENTARY PAYMENT PROGRAM))

(((1) Unearned income includes supplemental security income (SSI), Retirement, Survivors and Disability Insurance (RSDI), veteran's benefits, railroad retirement benefits, inheritances, or any other payments for which the child is eligible, unless specifically exempted by the terms and conditions of the receipt of the income. The department must use income not exempted to cover the child's cost of care, except for resources held in trust for an American Indian child.

(2) Any person, agency or court that receives payments on behalf of a child in out-of-home care must send the payments to the department's division of child support.))The department must:

((By agreement with the regional office of the veterans' administration,))The department may receive benefits on behalf of children ((who have been placed by court order under the department's supervision or custody))or youth placed in out-of-home care by the court, when approved by the veteran's administration.

STATE SUPPLEMENTARY PAYMENT PROGRAM

The ((children's administration state supplementary payment (CA/SSP)))department's state SSP is a state-paid cash assistance program for specific eligible foster children ((with the children's administration))and youth. The ((CA/SSP))SSP program may be discontinued at any time and for any reason((,)) and is limited to the funds available to ((children's administration))the department for ((such))these payments. Receipt of a ((CA/SSP))SSP payment in any month does not guarantee payment for subsequent months even if all eligibility criteria remain met.

To be eligible to receive ((CA/SSP, you))SSP, individuals must meet ((all of)) the following eligibility requirements:

(1) Be a child or youth who has entered foster care ((())as outlined in Title 45 C.F.R. § 1355.20(()));

(2) Already receive ((supplemental security income (SSI)))SSI benefits or have recently received notice of an award for ((such))these benefits; ((and))

(3) Receive behavior rehabilitation services (BRS) for out-of-home ((placement))care services for all or part of a month; and

(4) Not receive foster care maintenance payments ((under))as outlined in Title IV-E of the Social Security Act ((())42 U.S.C. § 670(())).

The SSP eligibility verification and payment process is usually completed two months following the month of ((your)) potential eligibility for an SSP ((payment)). ((You))Individuals will receive an SSP ((payment)) when all ((of the)) eligibility criteria (((WAC 388-25-1010) have been))outlined in WAC 110-50-1230 is verified. Children or youth who have recently received notice of an award for SSI will receive a ((CA/SSP payment))SSP beginning the month the Social Security Administration places them into pay status, if all other eligibility criteria are met for that month.

Once ((you have been))individuals are identified as eligible for a ((CA/SSP payment, CA))SSP, the department will send out written notification to the current SSI representative payee.

((You can))Individuals may apply through ((children's administration))the department to determine ((your))their eligibility for ((CA/SSP))SSP, but eligibility is limited to those meeting the eligibility requirements in WAC ((388-25-1010))110-50-1230.

In the event ((that your))an individual's eligibility for ((CA/SSP payments))SSP is denied or terminated, or the amount of ((such payments is))these payments are reduced, ((you))they have the right to file an informal complaint ((pursuant to)), per RCW 74.13.045 and chapter ((388-39A WAC and))110-09 WAC, to request a hearing ((under))outlined in chapters 34.05 RCW and ((chapter 388-02))110-03 WAC, except that there is no right to a hearing if the reason for the change is lack of funding.