HB 151 — An Act amending the act of November 23, 2010 (P.L.1264, No.119), known as the Children in Foster Care Act, further providing for definitions; and providing for benefits.

PRINTER'S NO.   2558

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 151
                                               Session of
                                                 2025

     INTRODUCED BY KRAJEWSKI, DELOZIER, RABB, MERSKI, HILL-EVANS,
        McNEILL, WAXMAN, SANCHEZ, MAYES, PIELLI, KHAN, BOYD, GUENST,
        CERRATO, BERNSTINE, M. MACKENZIE, MADDEN, BURGOS, CARROLL,
        HOWARD, RIVERA, STEELE, CIRESI, SMITH-WADE-EL, SHUSTERMAN,
        FRIEL AND CEPEDA-FREYTIZ, NOVEMBER 6, 2025

     REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, NOVEMBER 6, 2025


                                    AN ACT
 1   Amending the act of November 23, 2010 (P.L.1264, No.119),
 2      entitled "An act providing for requirements for children in
 3      foster care and for grievance policy and procedure," further
 4      providing for definitions; and providing for benefits.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    The definitions of "county agency," "department"
 8   and "private agency" in section 2 of the act of November 23,
 9   2010 (P.L.1264, No.119), known as the Children in Foster Care
10   Act, are amended and the section is amended by adding
11   definitions to read:
12   Section 2.   Definitions.
13      The following words and phrases when used in this act shall
14   have the meanings given to them in this section unless the
15   context clearly indicates otherwise:
16      "Benefits."    Any and all Federal benefits, including Social
17   Security, Supplemental Security Income and veterans benefits.
 1      * * *
 2      "Cost of care."    The reasonable maintenance expenses,
 3   including foster care maintenance payments as defined under 42
 4   U.S.C. § 675(4)(A) (relating to definitions), and special
 5   allowances for a child of similar age.
 6      "County agency."    A county children and youth social service
 7   agency established under section 405 of the act of June 24, 1937
 8   (P.L.2017, No.396), known as the County Institution District
 9   Law, and supervised by the Department of [Public Welfare] Human
10   Services under Article IX of the act of June 13, 1967 (P.L.31,
11   No.21), known as the [Public Welfare] Human Services Code.
12      "Department."    The Department of [Public Welfare] Human
13   Services of the Commonwealth.
14      * * *
15      "Private agency."    A children and youth social service agency
16   subject to the regulatory requirements of the Department of
17   [Public Welfare] Human Services.
18      * * *
19      "Representative payee."    A person designated to receive
20   benefits for a minor child under county agency rules governing
21   the benefits.
22      * * *
23      "Unmet needs."    Expenses for which a county agency is not
24   required by law to provide financial support.
25      * * *
26      Section 2.    The act is amended by adding a section to read:
27   Section 5.1.    Benefits.
28      A county agency shall have the following powers and duties:
29          (1)     The county agency shall ensure that each child in
30      foster care is screened to determine whether the child is

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 1    currently receiving or is eligible to receive Social
 2    Security, Supplemental Security Income, veterans or other
 3    Federal or State benefits within 60 days of being placed in
 4    foster care and annually thereafter.
 5        (2)   Within 60 days of a determination that a child is
 6    potentially eligible to receive Social Security, Supplemental
 7    Security Income, veterans or other Federal or State benefits,
 8    the county agency shall apply for the benefits, in
 9    cooperation with the child's attorney or guardian ad litem,
10    if the screening determines that the child may be eligible
11    for benefits.
12        (3)   If an application for benefits is denied, the county
13    agency shall appeal the decision.
14        (4)   The county agency shall identify, in cooperation
15    with the child's attorney or guardian ad litem, a
16    representative payee in accordance with the established
17    categories of preferred payees as outlined by Social Security
18    and Supplemental Security Income guidelines and apply to
19    become the representative payee if there is no other suitable
20    candidate available.
21        (5)   The county agency shall support the maintenance of
22    benefits for a child transitioning out of foster care or an
23    individual under the county agency's care who has reached the
24    age of legal adulthood. When a child in foster care reaches
25    16 years and 6 months of age, the county agency shall begin
26    to prepare a plan to support the maintenance of benefits for
27    the child as the child transitions out of foster care or
28    reaches the age of legal adulthood. If a child's eligibility
29    for benefits ceases upon entering foster care, the county
30    agency shall assist the child and parent, guardian, permanent

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 1    legal custodian or adoptive parent with the application for
 2    benefits upon the child transitioning out of foster care.
 3        (6)   Notwithstanding 55 Pa. Code Ch. 3140 (relating to
 4    planning and financial reimbursement requirements for county
 5    children and youth social service programs), if the county
 6    agency serves as a representative payee for a child receiving
 7    Social Security, Supplemental Security Income, veterans or
 8    other Federal or State benefits, the county agency shall:
 9              (i)    Use or conserve the benefits in the child's
10        interest, as determined in cooperation with the child and
11        the child's attorney or guardian ad litem, including
12        using the benefits for services or unmet needs not
13        otherwise provided by the county agency, court ordered or
14        covered by health insurance or conserving the benefits
15        for the child's reasonably foreseeable future needs.
16              (ii)    Ensure that for a child in foster care, the
17        child's benefits are not used to reimburse the
18        Commonwealth for the costs of care for the child or other
19        payments made by the Commonwealth to cover any other cost
20        or expense for the child.
21              (iii)    Monitor any Federal asset or resource limit
22        for the benefits and ensure that a child's best interest
23        is served by using or conserving the benefits in a way
24        that avoids violating the Federal asset or resource
25        limit, including conserving funds by establishing
26        individual financial accounts in accordance with 20 CFR
27        416.645 (relating to conservation and investment of
28        benefit payments).
29        (7)   Consistent with the best interest of a child in
30    foster care, the county agency shall place the child's

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 1    benefits in individual financial accounts that avoid asset
 2    limitations for Federal and State programs, such as a PA ABLE
 3    savings account. The county agency shall establish individual
 4    financial accounts for the purpose of limiting the county
 5    agency's use of a child's benefits. The county agency shall
 6    cooperate with the Social Security Administration, the child
 7    and the child's attorney or guardian ad litem to ensure that
 8    when the child leaves foster care or reaches 18 years of age,
 9    all payments of benefits shall be returned to the Social
10    Security Administration to be held on the child's behalf or,
11    upon the instructions of the Social Security Administration,
12    transferred to the child or a new representative payee.
13        (8)    The county agency shall notify the parent, guardian,
14    permanent legal custodian or adoptive parent and child
15    through the child's attorney or guardian ad litem of an
16    application, decision, communication or appeal related to the
17    child's Social Security, Supplemental Security Income,
18    veterans or other Federal or State benefits.
19        (9)    The county agency shall provide a quarterly
20    accounting of the amount and use of all benefits that each
21    child in foster care is receiving. The accounting shall
22    contain an itemized list of each expenditure by the county
23    agency, private agency and any third-party representative
24    payee. The accounting shall be provided to the child through
25    the child's attorney or guardian ad litem.
26        (10)   The county agency shall provide a child in foster
27    care with ongoing financial literacy training tailored to the
28    individual child's development, functioning and needs and
29    support in maintaining benefit eligibility, including
30    providing information regarding the existence, availability

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 1    and use of money conserved for the child. The training and
 2    support shall be provided when a child in foster care reaches
 3    14 years of age or within six months of being placed in
 4    foster care for children over 14 years of age. Financial
 5    literacy training concerning restrictions on the use of
 6    conserved money shall be made available to all parents,
 7    guardians, permanent legal custodians and adoptive parents
 8    gaining access to money conserved by the county agency.
 9        (11)    The department and county agency shall assess the
10    feasibility of providing repayments for a child formerly in
11    foster care whose benefits were not used in the best interest
12    of the child.
13        (12)    The county agency shall collect, maintain and
14    provide data relating to the application, use and
15    conservation of Federal and State benefits for a child in
16    foster care in an annual report provided to the public. The
17    report may not reveal to the public identifying information
18    about a child either currently or formerly in foster care.
19        (13)    Conservation of the benefits shall fulfill the
20    exhaustion of eligibility and receipt of benefits
21    requirements under section 704.2 of the act of June 13, 1967
22    (P.L.31, No.21), known as the Human Services Code.
23        (14)    The department and county agency may contract with
24    a third party to fulfill any of the requirements under this
25    section.
26        (15)    Within nine months of the effective date of this
27    section, the Department of Human Services Office for
28    Children, Youth and Families shall issue guidance on the
29    implementation of this section. The following shall apply:
30               (i)   Not later than 30 days after the effective date

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 1        of this section, the office shall convene a meeting with
 2        stakeholders who shall include, at a minimum,
 3        representatives from county welfare directors, child
 4        advocacy organizations, current and former foster
 5        children and other relevant stakeholders, as determined
 6        by the department.
 7             (ii)    The guidance shall include best practice
 8        guidelines for county child welfare agencies. Best
 9        practice guidelines shall include establishing procedures
10        for the following:
11                    (A)   Determining the manner and tools for
12             conducting disability screenings for children who may
13             be eligible for benefits.
14                    (B)   Assisting in the application process for
15             benefits for each child who, pursuant to the
16             disability screening, is likely to be determined
17             eligible for benefits.
18                    (C)   Requesting reconsideration and appealing
19             adverse decisions where appropriate.
20                    (D)   Informing parents and caretakers at the time
21             a child leaves foster care of potential eligibility
22             for benefits for the child if the child is not
23             receiving benefits but may be eligible, upon
24             application, to receive those benefits.
25                    (E)   Informing foster children of their rights
26             and responsibilities for the continued receipt of
27             benefits, the sources of assistance that may be
28             available for resolving problems foster children may
29             have with the receipt of benefits and the process for
30             transferring accumulated benefits.

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1                     (F)   Providing counties strategies for leveraging
2              existing providers of civil legal services and
3              leveraging funds under 42 U.S.C. Ch. 7 Subch. IV Pt.
4              E (relating to Federal Payments for Foster Care,
5              Prevention and Permanency) to provide legal
6              assistance to children and youth to comply with the
7              law.
8     Section 3.    This act shall take effect in 60 days.




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