1. (a)

   1. (1) The Department of Human Services, Division of Children and Family Services, maintains trust accounts for children in foster care who receive:

      1. (A) Supplemental Security Insurance (SSI);
      2. (B) Social Security Administration Title II benefits;
      3. (C) Child support;
      4. (D) Veterans benefits (VA);
      5. (E) Railroad benefits (RR); or
      6. (F) Worker’s compensation.
   2. (2) These benefits will automatically be used to pay for the child’s foster care expenses, which include the monthly board payments and contract payments.
   3. (3) The Department of Human Services will apply to become the payee for benefits collected, as appropriate.

2. (b)

   1. (1) The Department of Human Services must monitor accounting for all children in foster care to protect against duplicated funding or other errors.
   2. (2) Monetary payment to resource parents through the division board payment may be adjusted based on the amount of benefits a resource parent receives directly for a foster child.
   3. (3) For details, review 9 CAR § 40-831, financial support to foster parents.

3. (c)

   1. (1) The division must ensure that potential changes in payee are assessed when a child receiving benefits initially enters foster care.
   2. (2) The IV-E/Medicaid Eligibility Unit will screen all the division clients for potential SSI and SSA eligibility, based on information reported on the SSI screening questionnaire completed by the division field staff, and make applications for those who may meet Social Security Administration criteria.
   3. (3) Ultimately, the authorizing agency of the benefits is the decision-making entity regarding payees for SSA and SSI benefits.

4. (d)

   1. (1) The child’s trust fund account must not exceed resource limits, to maintain eligibility for Medicaid and Title IV-E.
   2. (2) The division will coordinate the monitoring of trust fund accounts with the Office of Finance, IV-E/Medicaid Eligibility Unit, and other pertinent agencies to ensure the timely and efficient management of these accounts.

   3. (3) Resource limits are:

      1. (A) Two-thousand dollars ($2,000) for Non-IV-E Foster Care Medicaid (category ninety-one (91));
      2. (B) Two-thousand dollars ($2,000) for Foster Care EC Medicaid (category ninety-six (96)), DDS Waiver Medicaid, Foster Care Spend Down Medicaid (category ninety-seven (97)), and Supplemental Security Income (SSI category forty-five (45)), Long-Term Care Medicaid; and
      3. (C) Ten thousand dollars ($10,000) for Title IV-E.

5. (e)

   1. (1) Authorized uses of different funds vary according to their sources.
   2. (2) However, any expenditure from a child’s trust account (in foster care) must be for the direct care or needs of the child in receipt of the income.
   3. (3) Funds cannot be used for siblings, parents, or other individuals in the initial removal home.

   4. (4) Authorized uses are as follows:

      1. (A) Income in a regular account has no restrictions, but spending must be appropriately prioritized according to the child’s needs and disability; and
      2. (B) SSI Income in a dedicated account may be used for the following with approval from the Social Security Administration:

6. (i) Medical treatment;

   1. (ii) Education;

      1. (iii) Job skills training; or

         1. (iv) If they pertain to an impairment:
7. (a) (a) Personal needs assistance;

8. (b) (b) Housing modifications;

   1. (c) (c) Special equipment;

      1. (d) (d) Therapy or rehabilitation; or
9. (e) (e) Other items or services if approved by the Social Security Administration.

10. (f)

    1. (1) When the division Eligibility Unit places a hold for funds on a trust account for a purchase for the youth, those funds will not be held for more than sixty (60) days.
    2. (2) After sixty (60) days, the held funds will be released for other account uses unless an extension is requested and approved.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "06/2022"