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WI AB1053

WI AB1053
The state or federal benefits of a child in out-of-home care. (FE)


summary

Introduced
02/26/2026
In Committee
02/26/2026
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

Under this bill, if the Department of Children and Families or a county department of human services or social services (collectively, the department) is appointed as representative payee for a child in out-of-home care who is receiving state or federal benefits, the department must conserve the child’s benefits in protected accounts that avoid asset limitations for federal and state programs, consistent with the best interests of the child; provide a periodic accounting to the child, the child’s attorney or guardian ad litem, and the child’s parent, guardian, or Indian custodian regarding the conservation and use of the child’s benefits while the child is in the department’s care; and work with the child and the appropriate federal agency to return remaining funds to the child or another fiduciary once the child exits the department’s care. Under the bill, the department may contract with a public or private agency to fulfill the requirements of the bill. The bill prohibits the department from using benefits received on behalf of a child to pay for the costs of caring for the child in out-of-home care. For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

AI Summary

This bill requires that if a state or county department of human or social services (referred to collectively as "the department") is appointed to manage state or federal benefits for a child in out-of-home care, the department must safeguard these benefits in special accounts that do not count against limits for other government programs, always acting in the child's best interest. The department must also regularly inform the child, their legal representative (attorney or guardian ad litem), and their parents or guardians about how these benefits are being managed and used while the child is in care, and assist the child in getting any remaining funds back when they leave the department's care. The department has the option to hire other public or private agencies to help with these duties and is explicitly prohibited from using a child's benefits to cover the costs of their out-of-home care.

Committee Categories

Education

Sponsors (10)

Last Action

Read first time and referred to Committee on Children and Families (on 02/26/2026)

bill text


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