Pennsylvania 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; providing for RSDI benefits; and imposing duties on the Joint State Government Commission and the Department of Human Services.

Bill Text

PRIOR PRINTER'S NOS. 2558, 3690 PRINTER'S NO. 3746
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, CEPEDA-FREYTIZ, SCHWEYER, INGLIS, KAZEEM, FIEDLER,
PARKER, BELLMON AND MADSEN, NOVEMBER 6, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JULY 1, 2026
AN ACT
Amending the act of November 23, 2010 (P.L.1264, No.119),
entitled "An act providing for requirements for children in
foster care and for grievance policy and procedure," further
providing for definitions; providing for RSDI benefits; and
imposing duties on the Joint State Government Commission and
the Department of Human Services.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "county agency," "department"
and "private agency" in section 2 of the act of November 23,
2010 (P.L.1264, No.119), known as the Children in Foster Care
Act, are amended and the section is amended by adding
definitions to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
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* * *
"County agency." A county children and youth social service
agency established under section 405 of the act of June 24, 1937
(P.L.2017, No.396), known as the County Institution District
Law, and supervised by the Department of [Public Welfare] Human
Services under Article IX of the act of June 13, 1967 (P.L.31,
No.21), known as the [Public Welfare] Human Services Code.
"Department." The Department of [Public Welfare] Human
Services of the Commonwealth.
* * *
"Private agency." A children and youth social service agency
subject to the regulatory requirements of the Department of
[Public Welfare] Human Services.
* * *
"Representative payee." A person designated to receive
benefits for a minor child under county agency rules governing
the RSDI benefits.
* * *
"Retirement, Survivors and Disability Insurance Benefits" or
"RSDI benefits." The Federal program administered by the Social
Security Administration that provides monthly insurance benefits
to eligible dependents and survivors of insured individuals.
* * *
Section 2. The act is amended by adding a section to read:
Section 5.1. RSDI benefits .
A county agency shall have the following powers and duties:
(1) The county agency shall ensure that each child in
foster care is screened to determine whether the child is
currently receiving or is eligible to receive RSDI benefits
within 60 days of being placed in foster care and annually
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thereafter.
(2) Within 90 days of a determination that a child is
potentially eligible to receive RSDI benefits, the county
agency shall apply for the RSDI benefits, in cooperation with
the child's attorney or guardian ad litem .
(3) If an application for RSDI benefits is denied, the
county agency shall appeal the decision.
(4) The county agency shall identify, in cooperation
with the child's attorney or guardian ad litem, a
representative payee in accordance with the established
categories of preferred payees as outlined by Social Security
Administration guidelines and apply to become the
representative payee if there is no other suitable candidate
available.
(5) The county agency shall support the maintenance of
RSDI benefits for a child transitioning out of foster care or
an individual under the county agency's care who has reached
the age of legal adulthood. When a child in foster care
reaches 14 years of age, the county agency shall begin to
prepare a plan to support the maintenance of RSDI benefits
for the child as the child transitions out of foster care or
reaches the age of legal adulthood. If a child's eligibility
for RSDI benefits will continue upon the child's discharge or
transition from foster care, the county agency shall assist
the child and the parent with applying as a representative
payee for the child. If the child has attained 18 years of
age and is not in need of a representative payee, the county
agency shall assist the child with the child's application to
the Social Security Administration. During the pendency of
the application for a new representative payee, the county
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agency shall remain a child's representative payee until the
child attains 19 years of age.
(6) Notwithstanding 55 Pa. Code Ch. 3140 (relating to
planning and financial reimbursement requirements for county
children and youth social service programs), if the county
agency serves as a representative payee for a