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HB 1347

Federal Disability Benefits for Foster Care Youth

2026 Regular Session

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

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Bill Summary · HB 1347

Summary of HB 1347 (Colorado, 2026 Session) — Federal Disability Benefits for Foster Care Youth

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 Supplemental Security Income (SSI) for youth with disabilities
  • Federal survivor benefits (existing under current law, to be extended in scope to SSI)

    • The overarching aim is to “screen, apply for, and manage” federal disability benefits for foster youth, and to establish proper accounting and protections for the use of those benefits, including saving and reporting requirements.

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

  • Foster youth in Colorado’s child welfare system
  • County departments of human services (application processing, accounts, and reporting)
  • Colorado Department of Human Services (rulemaking, guidance, and coordination)
  • Office of the Child’s Representative and guardians ad litem (guidance on appeals)
  • Potentially disparate impacts on counties’ budgets due to enhanced administrative duties

Timeline and Process

  • Rules by Jan 1, 2028
  • SSI screening and potential SSI application initiated within 45 days after a positive disability determination (as early as 2028)
  • A designated county employee as point of contact for federal benefits by July 1, 2028
  • Ongoing annual reviews and annual accounting requirements
  • Effective date 90 days after sine die adjournment of 2026 session (subject to petitions)

Overall Impact

  • The bill would formalize and broaden a statewide framework for securing federal SSI and survivor benefits for foster youth, institute strict accounting and savings requirements, and increase the administrative capacity of counties to manage these benefits on behalf of youth, with a focus on transparency, oversight, and long-term financial planning through ABLE accounts.

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

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