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HB 25-1271

Federal Benefits for Youth in Foster Care

2025 Regular Session Introduced by Judy Amabile and 48 co-sponsors

Requires counties to screen foster youth for federal survivor benefits, apply on their behalf, and preserve funds for the youth’s current and future needs rather than county costs.

Governor Signed
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Bill Summary · HB 25-1271

HB 25‑1271 — Federal Benefits for Youth in Foster Care (Governor Signed)

Status: Governor signed (May 28, 2025)
Introduced: Feb 18, 2025
Primary sponsors: Reps. Gilchrist, Brown; Sens. Daugherty, Michaelson Jenet

Purpose / Intent

Require county human/social services departments to screen foster children and youth for federal survivor benefits (Social Security, Veterans Benefits Administration, Railroad Retirement Board), apply for eligible benefits, and protect those benefits for the individual child rather than allowing counties to use them to offset foster‑care costs. The bill seeks to preserve benefits for children’s current unmet needs and future stability.

Key provisions

  • Screening and applications
    • Counties must determine whether each child/youth in foster care (including youth in transition programs) may be eligible for federal survivor benefits within 90 days after placement.
    • If potentially eligible, the county must apply on the child’s behalf.
  • Representative payee / fiduciary duties
    • Counties that serve as representative payees must establish an individual trust/account for each child’s federal benefits.
    • Counties may not use these federal survivor benefits to pay county costs for providing basic foster‑care services.
    • Account funds may be used for a limited set of current, unmet needs (tuition, transitional housing costs, technology, medical treatment, transportation, etc.); otherwise funds must be saved for the child’s future needs.
    • When the child leaves foster care, remaining funds must be released to the youth.
  • Notices, reporting, appeals
    • Counties must provide notices about benefit applications, decisions, and appeals and provide an annual report to the child, parents, and legal counsel about benefits collected and earnings.
  • State Department of Human Services (CDHS)
    • CDHS must develop regulations, guidance, and training for counties (procedures for eligibility screening, payee selection, appeals, account management) and provide technical assistance during the implementation period.

Who is affected

  • Primary: children and youth in foster care (and youth in transition programs) — increased likelihood of receiving federal survivor benefits and having those funds reserved for their use.
  • Counties: new administrative duties (screening, application, account management, reporting) and restrictions on using benefits to offset foster‑care costs.
  • CDHS: responsibility for guidance, training, monitoring.
  • Representative payees and caregivers: new rules on account use and notice requirements.

Fiscal and timeline highlights

  • Implementation timing varied across bill versions; fiscal staff’s revised analyses use July 1, 2027 as the latest implementation milestone for county duties (earlier committee versions cited July 1, 2026). Counties must screen within 90 days of placement.
  • Fiscal impact (Legislative Council / JBC analyses):
    • No FY 2025‑26 appropriation required in the revised fiscal note; earlier versions recommended a FY 2025‑26 appropriation of $109,179 (1.0 FTE).
    • State (CDHS) costs: ~$131,000 in an initial fiscal year for one staff FTE and centrally appropriated costs; out‑year potential cost increases up to about $1.4 million (FY 2027‑28) and ~$1.1 million ongoing in later years, assuming the state covers most increased county child‑welfare costs.
    • County cost increases estimated at about $1.6 million beginning in the first full implementation year and about $1.2 million thereafter.
    • Assumption driving costs: expanded screening is expected to identify ~105 additional eligible youth annually (based on TRAILS data and eligibility assumptions).
  • JBC noted the out‑year cost could require General Fund appropriations and that the final allocation between counties and state will depend on future budget decisions.

Procedural history

  • Passed both chambers with amendments; Senate and House concurred on amendments; sent to governor May 14, 2025; signed May 28, 2025. Committee and fiscal staff amendments during April–May 2025 clarified implementation timing and fiscal treatment.

Compiled from official sources — confirm details with the bill’s official record.

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