Current through September 17, 2024
When a Child is a Department Ward, the Department will
control and administer any assets of the Child pursuant to Neb. Rev. Stat.
§
43-907 and federal law. The
Department will establish a guardianship account for the assets and may use the
assets of the Child to reimburse the Department for the child's cost of care,
if the child's assets are over $1,000. This section does not apply to young
adults participating in the Bridge to Independence Program.
003.01
DEPARTMENT AS
PAYEE. When a Child placed in the custody of the Department is
receiving financial benefits from another source, such as the Social Security
Administration or the Department of Veterans Affairs, steps will be taken to
have the Department named as the representative payee for those benefits.
003.01(A)
WHEN CHILD TURNS
18. When a Child placed in the custody of the Department is 18
years of age or older, the Child may become the payee of his or her financial
benefits. If this occurs when the Child is in a Supervised Independent Living
setting, the Child may keep the financial benefits for personal use.
003.01(B)
NOTICE.
When the Department serves as representative payee for a state ward receiving
social security benefits, the Department shall provide notice as required by
Neb. Rev. Stat. §
43-907.
003.01(C)
REQUESTS FOR
RECORDS. When the Department receives a request for accounting
records or upon the termination of the Department's role as representative
payee, the Department shall provide accounting records within thirty (30) days
pursuant to Neb. Rev. Stat. §
43-907.
003.02
CALCULATION OF
ASSETS. The assets of a Child in the custody of the Department
will be calculated pursuant to the Department's established policy.
003.03
USE OF
ASSETS. Any assets under the control and administration of the
Department pursuant to this section will only be used to pay for the personal
expenses of the Child or to reimburse the Department for payments made on
behalf of the Child. The assets may not be used to pay for expenses related to
the parents or any other individual. The Department will authorize the use of
the child's assets as set forth in Department policy.
003.04
CLOSING THE GUARDIANSHIP
ACCOUNT. When a Child is no longer in the custody of the
Department or the Child reaches age 19, the child's guardianship account
through the Department will be closed. At the time of closure, any funds in the
guardianship account will be dispersed as set forth in this section.
003.04(A)
SOCIAL SECURITY
ADMINISTRATION FUNDS. When the funds were received from the Social
Security Administration, the remaining available funds are returned to the
Social Security Administration.
003.04(B)
OTHER
FUNDS. When the funds were received from a source other than the
Social Security Administration, the funds will be dispersed as follows:
(i) Unless a guardian or conservator has been
appointed by the court, the funds will be returned to the Child, if the Child
has reached the age of majority;
(ii) Unless a guardian or conservator has
been appointed by the court, the funds will be returned to the child's
custodial parent, including adoptive parents, if the Child has not reached the
age of majority; or
(iii) If a
guardian or conservator has been appointed by the court, the funds will be
released to the guardian or conservator.
003.04(C)
DEATH OF
CHILD. In the event of the death of a Child in the custody of the
Department, available funds in the child's guardianship account may be used to
cover funeral and burial expenses. Any remaining funds will be returned as
follows:
(i) When the funds were received
from the Social Security Administration, the remaining available funds will be
returned to the Social Security Administration; and
(ii) When the funds were received from a
source other than the Social Security Administration, the funds will be
returned to the child's most recent custodial parent, including adoptive
parents. If no parental rights are intact, the Department will determine how to
disperse the funds.
