Bill
HB 1347
Federal Disability Benefits for Foster Care Youth
The bill creates a statewide framework for screening, applying for, and managing federal disability benefits (SSI and survivor benefits) for foster youth, with strict accounting an
Bill
HB 1347
The bill creates a statewide framework for screening, applying for, and managing federal disability benefits (SSI and survivor benefits) for foster youth, with strict accounting an
Author/Status
- Prime Sponsors: Rep. Gilchrist, Rep. Brown, Rep. Camacho, Rep. Clifford, Rep. Froelich, Rep. Stewart R., Rep. Willford; Sen. Daugherty, Sen. Ball
- Committee: Health & Human Services (House) and related actions
- This is the introduced version; amendments have been proposed and referenced in fiscal notes and committee amendments.
Purpose and Intent
- The bill expands and standardizes the process by which children and youth in foster care may access and manage federal disability-related benefits, specifically:
Federal survivor benefits (existing under current law, to be extended in scope to SSI)
Key Provisions and Changes
1) Scope and Policy Intent (Section 19-7-105)
- Colorado state policy declares an intent to set aside all federal benefits (including survivor benefits and disability benefits) for the individual foster youth.
- Specifically for SSI, the bill emphasizes:
- Screening all entering foster care for SSI eligibility
- Increasing transparency in how SSI is spent and managed
- Strengthening county departments’ capacity to apply for and manage SSI on behalf of foster youth, with support from the state
2) Definitions
- Clarifies terms:
- “Federalsupplemental security income” means SSI under Title XVI
- “Interested party” includes the youth, their counsel, guardians ad litem, current placement contacts, etc.
3) SSI Screening, Application, and Management (Main SSI Provisions)
- Beginning on or before July 1, 2028:
- If a county department substantiates abuse/neglect and the child may be eligible for SSI, the county must initiate screening and, if likely eligible, begin the SSI application process within specified timelines.
- For youth in the Children’s Habilitation Residential Program Waiver, the county must apply for SSI on the child’s behalf.
- Annual Case Review:
- If initial determinations indicate low likelihood of SSI eligibility, counties must annually review the case to determine if circumstances have changed.
- If a disability is identified but SSI eligibility remains unlikely, the county must document the reasons.
- Documentation:
- The county must document disability determinations and compliance with state/federal reporting requirements.
4) County as Representative Payee/Fiduciary
- If the county is the SSI representative payee or fiduciary, it cannot use SSI funds to pay county costs of care.
- Above the countable resource threshold, SSI funds must be deposited into an ABLE (Achieving a Better Life Experience) savings account for the child/youth.
- The county must maintain a detailed accounting of SSI expenditures and provide annual accounting to the youth and their legal representative.
5) Account Management and Reporting (SSI)
- The act requires annual accounting of SSI funds, including:
- Amounts received, sources, and balances
- Expenditures by need type and funding source
- Expenditures made on behalf of the child/youth and corresponding accounting details
6) Rules and Technical Assistance
- CDHS must adopt rules by Jan 1, 2028, addressing:
- SSI screening, application, account management, and notice requirements
- Technical assistance to county departments
- Coordination with the Office of the Child’s Representative to guide youth counsel and guardians ad litem on SSI appeals
- By July 1, 2028, each county department must designate a single employee as the point of contact for federal benefits for foster youth.
7) Technical Amendments (House Amendments)
- Several amendments adjust wording, streamline references, and clarify responsibilities around:
- Developmental screenings for younger children (AGE 6 and under)
- Initial intake and disability evaluation in medical intake for out-of-home placements
- Revisions to ensure consistency with federal rules on representative payees
8) Effective Date
- The act becomes effective 90 days after sine die adjournment of the General Assembly, subject to any referendum petitions.
Estimated Fiscal Impact (from Legislative Council Staff)
- State expenditures (CDHS) increase:
- FY 2027-28: about $150,244
- FY 2028-29: about $3,084,269
- FY 2029-30: about $2,216,493
- Funding mix includes General Fund, county cash funds (local match), and federal funds
- Ongoing need for 1.0 FTE (CDHS) starting July 2027 to implement rules, oversee compliance, and provide technical assistance
- Additional one-time TRAILS system update and related IT costs
- Local government (counties) costs are significant, funded by state, county funds, and IV-E federal funds; counties would hire dedicated staff to screen, apply, track, and report SSI activities
Who Would Be Affected
Timeline and Process
Overall Impact
Compiled from official sources — confirm details with the bill’s official record.
Sign in to ask a question.