wa-law.org > bill > 2025-26 > SB 5911 > Passed Legislature
Beginning January 1, 2027, the department may not apply any benefits, payments, funds, or accrual paid to, or on behalf of, a person in extended foster care as reimbursement for the cost of care.
When a person in extended foster care is not already receiving social security benefits, including supplemental security income and retirement, survivors, and disability insurance benefits, the department shall assess whether the person is eligible for such benefits. When a person is assessed to be eligible for social security benefits, the department shall:
Assist the person to become the payee for their social security benefits and maintain eligibility for those benefits while the department is the representative payee; and
Assist persons who are designated as payees for their benefits establish a financial account appropriate for receiving those benefits such as a Washington achieving a better life experience account, a checking or savings account, or another form of electronic banking. The department may provide support to determine if the person can manage the account on their own or if they need an authorized representative to manage their account.
If a person in extended foster care is determined to need additional support in managing their benefits, the department shall make reasonable efforts to identify a suitable individual to serve as the person's authorized representative. If neither the person nor the department is able to identify a suitable authorized representative, the department may serve in that role until the person or the department can identify a suitable individual to serve in place of the department. The department may contract with an external entity to administer and manage the accounts governed by this section on the department's behalf.
If the department is the representative payee for social security benefits for a person in foster care or extended foster care, the department maintains a fiduciary duty to manage the funds consistent with federal social security administration rules and regulations.
For purposes of this section, "person in extended foster care" means a person who is age 18 to 21 who is in the care of the department under chapter 13.34 RCW.
The secretary or his or her designees or delegatees shall be the custodian without compensation of such moneys and other funds of any person which may come into the possession of the secretary during the period such person is placed with the department or an entity with which it has entered into a performance-based contract pursuant to chapter 74.13 RCW. As such custodian, the secretary shall have authority to disburse moneys from the person's funds for the following purposes only and subject to the following limitations:
For such personal needs of such person as the secretary may deem proper and necessary; and
Except as provided in section 1 of this act, against the amount of public assistance otherwise payable to such person, which includes applying, as reimbursement, any benefits, payments, funds, or accrual paid to or on behalf of said person from any source against the amount of public assistance expended on behalf of said person during the period for which the benefits, payments, funds or accruals were paid.
All funds held by the secretary as custodian may be deposited in a single fund, the receipts and expenditures therefrom to be accurately accounted for by him or her on an individual basis. Whenever, the funds belonging to any one person exceed the sum of $2,000, the secretary may deposit said funds in a qualifying protected account for which the person is eligible, such as a Washington achieving a better life experience program account or a similar account, on behalf of that particular person.
When the conditions of placement no longer exist and public assistance is no longer being provided for such person, upon a showing of legal competency and proper authority, the secretary shall deliver to such person, or the parent, person, or agency legally responsible for such person, all funds belonging to the person remaining in his or her possession as custodian, together with a full and final accounting of all receipts and expenditures made therefrom.
The appointment of a guardian for the estate of such person shall terminate the secretary's authority as custodian of said funds upon receipt by the secretary of a certified copy of letters of guardianship. Upon the guardian's request, the secretary shall immediately forward to such guardian any funds of such person remaining in the secretary's possession together with full and final accounting of all receipts and expenditures made therefrom.