Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: The purpose of this rule is to
account for monies received by the Division of Youth Services (DYS) from the
Social Security Administration when the DYS has been named the representative
payee of a residential youth. The DYS Child Benefits Fund is established within
the State Treasury for depositing of payments from the Social Security
Administration to youth in DYS custody. Monies deposited in this fund shall be
used only for the purposes specified by federal or state law or by these
regulations. Monies in this special trust fund are not deemed to be state
funds.
(1) As used in this
regulation, unless the context clearly indicates otherwise, the following terms
mean:
(A) "Benefit" means monies received on
behalf of a youth from the Social Security Administration;
(B) "Youth" means a person under twenty-one
(21) years of age committed to the custody of the Division of Youth Services
(DYS); and
(C) "Residential Youth"
means a youth who has been committed to the DYS in the manner provided by law,
and who is placed in residential care.
(2) The Fiscal Liaison for the DYS is
responsible for establishing centralized methods to oversee the accounting of
receipts and disbursements from this fund. Such methods require that-
(A) There shall be an individual ledger for
each youth receiving benefits when DYS has been appointed as Representative
Payee for a youth in custody. The ledger shall contain all deposits and
withdrawals of the youth's money;
(B) There shall also be a control ledger to
track all deposits and withdrawals from the fund; and
(C) The control ledger shall be reconciled
monthly with the individual ledger and the fund balance.
(3) Receipts from the Social Security
Administration.
(A) All funds directly
received by DYS as payee for a residential youth shall be deposited into the
DYS Child Benefits Fund.
(B) Any
checks received by the DYS from the Social Security Administration will be sent
to the Division of Finance and Administrative Services (DFAS) for deposit into
the DYS Child Benefits Fund.
(4) Utilization of the Child Benefits Fund.
(A) Monies deposited in this fund shall be
used only for the purposes authorized by federal and state law, or by
regulation of the DYS.
(B) Each
facility with a youth receiving a Social Security benefit shall be issued a
purchasing card designated solely for the use of the Social Security benefits
of a youth in custody.
(C)
Authorized DYS facility staff may make purchases for the youth receiving
benefits up to the amount held in the youth's fund based on need. All purchases
shall be approved by the facility manager or his or her designee. Youth will
not be provided with cash.
(5) Payments from the Child Benefits Fund
include:
(A) Facility staff for each facility
shall submit monthly purchasing card statements to DYS Central Office, along
with copies of receipts from purchases;
(B) If funds are available, payments from the
DYS Child Benefits Fund shall be made to off-set any purchases made for the
youth in custody with the purchasing card; and
(C) All expenditures shall be posted to the
applicable individual ledgers and the control ledger.
(6) Removal of DYS as Representative Payee.
(A) DYS will resign as representative payee
upon the release of a youth from residential care.
(B) DYS will submit to the Social Security
Administration a written request to resign as representative payee, along with
a check for the remaining balance in the youth's individual ledger and any
documentation requested by the Social Security Administration concerning all
account activity as may be required by federal law.
