Children in Substitute Care, Eligible for Benefits

(1) When a child is placed in substitute care pursuant to a Voluntary Placement Agreement or due to court-ordered custody, the Department may apply for benefits on behalf of the child and to be designated as Representative Payee of such benefits. If the child is already receiving benefits prior to entering Department custody, the Department may apply to be designated as the child's Representative Payee. As Representative Payee, the Department may retain 90% of the child's benefits as reimbursement for the cost of the child's care. The Department may set aside 10 % of the child's benefits in a Personal Needs Account (PNA) to be used only for the child's personal needs. The PNA shall not exceed an aggregate amount of $2,000 (100% of the benefits may be used to reimburse the Department whenever the PNA reaches $2,000). The Department shall periodically review the amount of the uniform "personal needs allowance" for children who receive third-party benefits. (3) A child shall be allowed, subject to approval by the Representative Payee, to spend from the PNA for personal needs, in addition to any uniform "personal needs allowance." (4) When a child who has a PNA leaves placement, the Department shall reconcile the child's PNA account and sends any conserved funds and checks received after the placement ends to the Social Security Administration.