THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WASHINGTON, COSTA, TARTAGLIONE, WOZNIAK AND KITCHEN, FEBRUARY 11, 2011

REFERRED TO JUDICIARY, FEBRUARY 11, 2011  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in juvenile matters,

further providing for disposition of dependent child.

The General Assembly finds and declares as follows:

(1)  When compared to all youth, foster youth are more

likely to be institutionalized, to lack sufficient education

and to have higher incidences of homelessness and mental

health problems following discharge from foster care.

(2)  Key to transition planning for foster youth is

ensuring that qualified youth are approved for all benefits,

most importantly Federal Supplemental Security Income (SSI)

benefits, and that they are able to accumulate some level of

savings to aid in their transition to independent living.

(3)  Foster youth with disabilities gain significant

advantages at the time of emancipation if their eligibility

for SSI benefits has been established prior to their

emancipation.

(4)  Federal law and regulations prohibit a child who

receives a federally funded Aid to Families with Dependent

Children - Foster Care (AFDC-FC) benefit in excess of the

Federal SSI benefits from applying for SSI until 90 days

prior to the Federal AFDC-FC benefits ending. After the

application for SSI benefits is accepted by the Social

Security Administration, Federal rules indicate that the

child may receive federally funded AFDC-FC benefits during

the remainder of the application process. Upon approval for

SSI benefits, these benefits may be suspended for up to 12

months, during which time a child may receive federally

funded AFDC-FC benefits without losing eligibility for SSI

benefits. Using this flexibility will allow for applications

to be made on behalf of federally eligible youth who are

nearing emancipation from foster care.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6351 of Title 42 of the Pennsylvania

Consolidated Statutes is amended by adding subsections to read:

§ 6351.  Disposition of dependent child.

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(b.2)  Screening upon placement.--The county agency shall

screen a child who is placed outside the child's home pursuant

to subsection (a) and who is not eligible to receive federally

funded Aid to Families with Dependent Children - Foster Care

(AFDC-FC) benefits for Federal Supplemental Security Income

(SSI) eligibility at the time of placement for potential

eligibility for the Federal SSI program utilizing the guidelines

established under the Social Security Act (49 Stat. 620, 42

U.S.C. § 301 et seq.). If the child is determined to be eligible

through the screening process, the county agency shall submit an

application for benefits to the Social Security Administration

on behalf of the child within ten days of completion of the

screening.

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(g.1)  Screening prior to termination of jurisdiction.--

(1)  Prior to the termination of jurisdiction over a

dependent child who is 18 years of age or older, the county

agency shall screen the child for the Federal SSI program

utilizing the guidelines established under the Social

Security Act.

(2)  The screening shall use the Title XVI of the Social

Security Act criteria for eligibility and shall occur when

the child is at least 17 years of age and not older than 17

years and six months of age. The county agency shall submit

an application to the Social Security Administration on

behalf of a child who is screened as being likely to be

eligible for Federal SSI benefits 90 days prior to the child

reaching 18 years of age.

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Section 2.  This act shall take effect in 60 days.