An Act to Increase Participation by the Department of Health and Human Services Regarding Federal Benefits for Which Children in the Custody of the Department Are Eligible
Maine Legislature, Session 131, LD 2078
Committee: Health and Human Services
Sponsors: ROEDER, SUPICA
Amends: 22 MRSA §4069

Legislative Document
No. 2078
H.P. 1337
House of Representatives, December 22, 2023
An Act to Increase Participation by the Department of Health and 
Human Services Regarding Federal Benefits for Which Children in 
the Custody of the Department Are Eligible
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Clerk of the House on December 20, 2023.  Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative ROEDER of Bangor.
Cosponsored by Representative: SUPICA of Bangor.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, certain federal benefits that children in the custody of the Department of 
Health and Human Services are eligible for have not been applied for by the department; 
and
Whereas, those federal benefits can potentially change a child's life; and
Whereas, this legislation must take effect before the expiration of the 90-day period 
so those federal benefits can be applied for as soon as possible; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §4069 is enacted to read:
§4069.  Department application for and administration of certain federal benefits
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Federal benefit" means a benefit administered by the United States Social Security 
Administration or the United States Department of Veterans Affairs.
B.  "Special-needs trust" has the same meaning as in Title 18-B, section 1212, 
subsection 1, paragraph D.
2.  Determination of eligibility.  The department shall determine whether a child in 
the custody of the department is eligible for a federal benefit.  If the department determines 
the child is eligible for a federal benefit, the department shall apply for the federal benefit 
on behalf of the child.  The department shall notify the child, the child's attorney or guardian 
ad litem and the child's parents or legal guardians of the application for the federal benefit.
3.  Representative payee.  The department shall determine the representative payee to 
receive the federal benefit of a child under subsection 2 in accordance with federal 
regulations regarding appointment of representative payees.  If the department is serving 
as the representative payee, the department:
A.  May not use the child's federal benefit to pay for or reimburse the department or 
the State for any of the costs of the child's care;
B.  May use the child's federal benefit for the child's unmet needs beyond what the 
department is required to pay;
C.  If appropriate, shall establish a special-needs trust to use and conserve the child's 
federal benefit in a manner that is consistent with federal and state requirements for 
special-needs trusts and in a manner that avoids federal and state asset and resource 
limits; 
D.  Shall provide an annual accounting of the child's federal benefit to the child, the 
child's attorney or guardian ad litem and the child's parents or legal guardians; and
E.  Shall periodically provide the child with financial literacy training and support, 
including information regarding the availability and use of funds conserved for the 
child in accordance with this section.  The training must begin before the child attains 
years of age or, if the child is not in the custody of the department before the child 
attains 14 years of age, as soon as practicable.
4.  Training.  The department shall provide financial training to department staff who 
implement this section and to all representative payees under subsection 3.  The training 
must include information regarding fiduciary obligations of representative payees, ways to 
preserve federal benefit eligibility, ways to plan and budget for unmet current needs and 
foreseeable future needs of the child receiving federal benefits and ways to ensure required 
accounting is submitted to the United States Social Security Administration and the United 
States Department of Veterans Affairs.
5.  Rules.  The department shall adopt rules implementing this section.  Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill requires the Department of Health and Human Services to determine whether 
a child in the custody of the department is eligible for benefits administered by the United 
States Social Security Administration or the United States Department of Veterans Affairs.  
If the department determines the child is eligible for a federal benefit, the department is 
required to apply for the federal benefit on behalf of the child.  It also requires the 
department to provide training to children receiving a federal benefit, department staff and 
representative payees who receive the federal benefit on behalf of a child.