Vermont H 657: An act relating to the modernization of Vermont’s communications taxes and fees

Bill Text

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No. 136. An act relating to various programming and requirements
within the Department for Children and Families.
(H.657)
It is hereby enacted by the General Assembly of the State of Vermont:
* * * Removing Reach Up Asset Limit * * *
Sec. 1. 33 V.S.A. § 1103 is amended to read:
§ 1103. ELIGIBILITY AND BENEFIT LEVELS
* * *
(c) The Commissioner shall adopt rules for the determination of eligibility
for the Reach Up program and benefit levels for all participating families that
include the following provisions:
* * *
(5)(A) The asset limitation shall be $9,000.00 for families for the
purposes of determining initial and continuing eligibility for the Reach Up
program, and the following savings accounts shall not be considered in the
calculation for determining the asset limitation:
(i) a retirement account, such as an individual retirement
arrangement (IRA), a defined contribution plan qualified under 26 U.S.C.
§ 401(k), or any similar account as defined in 26 U.S.C. § 408; and
(ii) a qualified child education savings account, such as the
Vermont Higher Education Investment Plan, established in 16 V.S.A. § 2877,
or any similar plan qualified under 26 U.S.C. § 529.

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(B) The value of assets accumulated from the earnings of adults and
children in participating families and from any federal or Vermont earned
income tax credit shall be excluded for purposes of determining continuing
eligibility for the Reach Up program. The Department shall not impose an
asset limit for the purpose of initial and continuing eligibility for the Reach Up
program.
* * *
* * * Social Security Benefits for Youth in Foster Care * * *
Sec. 2. 33 V.S.A. § 4902 is amended to read:
§ 4902. DEFINITIONS
As used in this chapter:
(1) “Child” means a person under 18 years of age committed by the
Family Division of the Superior Court to the Department for Children and
Families.
(2) “Commissioner” means the Commissioner for Children and
Families.
(3) “Department” means the Department for Children and Families.
(4) “Foster care” means care of a child, for a valuable consideration, in a
child care institution or in a family other than that of the child’s parent,
guardian, or relative.
(5) “Qualified ABLE account” means an ABLE account, as that term is
defined in section 8002 of this title, or an account established pursuant to any

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qualified state ABLE program created pursuant to 26 U.S.C. § 529A (section
529A of the Internal Revenue Code of 1986).
(6) “Representative payee” means the person appointed by the Social
Security Administration to manage Social Security benefits for a child.
(7) “RSDI benefits” means a child’s retirement, survivors, or disability
insurance benefits under 42 U.S.C. chapter 7, subchapter II (Title II of the
Social Security Act).
(8) “Social Security Act” means the Social Security Act, 42 U.S.C.
chapter 7, as may be amended.
(9) “Social Security benefits” means a child’s RSDI benefits, SSI
benefits, or both, as applicable.
(10) “SSI benefits” means a child’s Supplemental Security Income
benefits under 42 U.S.C. chapter 7, subchapter XVI (Title XVI of the Social
Security Act).
Sec. 3. 33 V.S.A. § 4907 is added to read:
§ 4907. FOSTER CARE; SOCIAL SECURITY BENEFITS
(a) The Department shall not use any portion of a child’s Social Security
benefits to offset the State’s costs for the child’s maintenance except to
maintain the child’s eligibility for SSI benefits and to avoid a violation of
federal asset or resource limits.
(b) Upon the request of the child or the child’s foster care provider, the
Department, in its capacity as representative payee for a child, may use the

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child’s Social Security benefits for the child’s unmet needs beyond the amount
that the State is obligated, required, or agrees to pay for the care of the child.
(c) In its capacity as representative payee for a child and with the assistance
of the State Treasurer, the Department shall:
(1) establish an account for the child, which shall be a qualified ABLE
account for any child receiving SSI benefits;
(2) monitor any federal asset or resource limits for the child’s SSI
benefits;
(3) ensure that the child’s best interests are served by using the child’s
Social Security benefits for the child’s unmet needs or conserving the child’s
Social Security benefits in a way that avoids violating any federal asset or
resource limits that would affect the child’s ability to receive SSI benefits;
(4) appeal any denied application for SSI benefits submitted on behalf of
a child; and
(5) provide an annual accounting of the use, application, or conservation
of the child’s Social Security benefits, including any payments made under
subsection (b) of this section, to the child; the child’s parent, legal guardian, or
counsel; the Family Division of the Superior Court; and the Office of the
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