1. (1) In accordance with Subsection 80-2-504(4)(e), the department shall conserve or invest federal benefit funds not expended for maintenance costs in a PTIF or an ABLE account, depending on a minor beneficiary's eligibility, unless good cause exists to use a different account, as described in Section R380-90-4.
2. (2) The department shall calculate eligible deposits upon receipt and conserve at least 25% of each eligible deposit separate from the minor beneficiary's available spending balance.

3. (3)(a) When a minor beneficiary leaves custody, the department shall request authorization from the federal agency that was the source of the minor beneficiary's federal benefit, in accordance with applicable federal regulation, to send any conserved and unspent funds directly to the minor beneficiary or the next representative payee.

   1. (b) The department shall return the conserved and unspent funds to the federal agency that was the source of the benefits if:

      1. (i) the department's request is denied; or
      2. (ii) the department does not receive a response from the federal agency that was the source of the benefits by the time the federal agency requires the funds be returned.
4. (4) If the department receives federal benefit funds for a minor beneficiary no longer in the department's custody, the department shall return those funds to the federal agency that was the source of the benefits.

KEY: DCFS, Division of Child and Family Services, Division of Juvenile Justice and Youth Services, JJYS

Date of Last Change: March 16, 2026

Authorizing, and Implemented or Interpreted Law: 80-2-504