Bill > A2053

Introduced Session

This bill prohibits the Department of Children and Families from using the property or benefits of any child under the custody of the Division of Child Protection and Permanency to offset the State's costs for the child's maintenance, except to maintain the child's eligibility for federal Supplemental Security Income Program (SSI) benefits and to avoid a violation of federal asset or resource limits under the SSI program. The bill also stipulates that the department must appropriately monitor any federal asset or resource limits for the child's relevant benefits, establish a qualified ABLE account or other trust account for every child who is eligible, and ensure that the child's best interest is served by using the benefits for the child's unmet needs or conserving the benefits in a way that avoids violating federal asset or resource limits that would affect the child's ability to receive the benefits. The bill requires the Commissioner of Children and Families to apply for any federal waivers necessary to implement the provisions of the bill and ensure continued federal reimbursement for State expenditures for child welfare services under Title IV-E of the Social Security Act. The bill stipulates that if a child is or may be eligible for SSI benefits, the department will, if necessary for the child's eligibility for such benefits, forego claiming the child for the purposes of federal reimbursement for State child welfare services. Authorized under "The Stephen Beck, Jr., Achieving a Better Life Experience Act," Pub.L.113-295, ABLE accounts are tax-exempt savings accounts intended to help individuals with disabilities and their families to save private funds for disability-related expenses, while still maintaining eligibility for means-tested federal benefits under Medicaid and the Supplemental Security Income Program. New Jersey's qualified State ABLE program allows individuals with disabilities and their families to save up to $18,000 annually, and a maximum of $305,000 over a lifetime, for disability-related expenses; balances under $100,000 are excluded from the SSI resource limit. The federal Social Security Administration typically will appoint the department as the representative payee for a child under the division's custody to manage any federal benefits to which the child is entitled. These federal benefits include, but are not limited to: (1) Social Security Disability Insurance benefits, based on the work history of a disabled or deceased parent; (2) Supplemental Security Income benefits for a child who is under the age of 18 years, has a disability, and who meets certain income and resource limits established by the Social Security Administration; (3) Survivor benefits for children of deceased military veterans, which are provided by the Veterans Administration; and (4) Railroad Retirement Benefits. These federal benefits are provided in the child's name, but are intended to be used to support the costs associated with the child's care. In the case of a child in an out-of-home placement, the department is the child's caregiver and, under federal law, may be allowed to use the child's federal benefits to offset the State's costs to maintain the child in an out-of-home placement.

AI Summary

Committee Categories

Shama Haider (D)*,  Shanique Speight (D)*,  Verlina Reynolds-Jackson (D), 

Withdrawn Because Approved P.L.2025, c.162. (on 01/13/2026)

Official Document