FEDERAL BENEFITS FOR CYFD CUSTODY

HB 364 requires New Mexico's Children, Youth and Families Department (CYFD) to determine eligibility for federal benefits (like Supplemental Security Income) for children in its legal custody within 60 days of placement and annually thereafter. The bill mandates CYFD to apply for these benefits on the child’s behalf, manage them as the child’s "representative payee" if no other suitable person is available, and ensure funds are used only for the child’s unmet needs - not to cover CYFD care costs. It also requires CYFD to provide annual financial reports to the child and their legal representatives, and to return any remaining funds to the child (or parent/guardian if under 18) upon termination of custody. This law directly affects children in CYFD custody by ensuring they access available federal benefits while protecting those funds from being used for state care expenses.