Section 479-1-003 - GUARDIANSHIP ACCOUNTS 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.
003.01DEPARTMENT 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. § 43-907.003.02CALCULATION OF ASSETS. The assets of a Child in the custody of the Department will be calculated pursuant to the Department's established policy.003.03USE 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.003.04CLOSING 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.479 Neb. Admin. Code, ch. 1, § 003
Amended effective 8/19/2023