Mo. Code Regs. tit. 13 § 35-34.080
Current through Register Vol. 49, No. 20, October 15, 2024
Section 13 CSR 35-34.080 - Children's Income Disbursement System (KIDS)PURPOSE: This amendment updates policy and practice regarding funds distributed into the Children's Income Disbursement System for youth in the custody of Children's Division.
(1) The administration of monies deposited in Children's Income Disbursement System (KIDS) accounts shall be governed by the provisions of 210.560, RSMo, applicable federal statutes and regulations and this section.(2) When a child is placed in the legal custody of the Children's Division (CD) under Chapter 211, RSMo, the CD shall establish an account to receive and hold money received by the division on behalf of the child. Monies received by a child in the custody of the CD shall be processed through the Children's Services Income Disbursement System (KIDS). (A) An account within KIDS shall be established upon the initial receipt of funds on behalf of the child.(B) The funds received may be applied toward the care of the child prior to authorizing payment from state or federal funds for the child's care.(C) These funds shall be received by the Division of Finance and Administrative Services (DFAS) for deposit with a financial institution and accounted for in the name of the child in the Children's Income Disbursement System (KIDS).(D) KIDS accounts may not be combined with any other funds, and these funds may not be accessed for any other purpose than the maintenance and special expenses of the individual child.(3) Money received on behalf of the child shall be processed through the Division of Finance and Administrative Services. (A) The director of the Children's Division shall apply to be the payee for any independent source of benefits for children in the care and custody of CD.(B) Once the child's KIDS account has been established, the payer shall be instructed to send the income directly to DFAS who will enter the funds into the KIDS account.(C) Any Social Security or Veteran's Administration (VA) monies received by the county office for deposit in a child's KIDS account must be registered on the appropriate form and sent to DFAS for deposit into the KIDS account. Any child support money received in the county office for deposit must be sent to the Child Support Financial Resolutions Section prior to deposit. (4) Except as may be otherwise provided in section (5), the KIDS account will automatically be debited for maintenance payments and other expenses incurred for the benefit or care of the child. Department of Social Services (DSS) shall process fund recoupments on all active KIDS accounts. The fund recoupment process takes money from the child's account and refunds it to the state for services paid from CD program funds. (A) If the child has a source of income, but for any reason the income is not received during a given month, and there are insufficient funds in the KIDS account, payment for the child's expenses that month will be made from CD program appropriations by the type of funding source for which the child is eligible. When the income for that month is actually received, it will be deposited in the child's KIDS account and a manual fund recoupment will be done to pay maintenance and/or special expenses for subsequent months.(B) The receipt, administration and disbursement of all monies that the division receives on the child's account from any department or agency of the United States government, including but not limited to the Social Security Administration and the Veteran's Administration, shall be governed by the applicable statutes, regulations and rules of the respective federal government programs.(C) The receipt, administration and disbursement of all monies that the division receives on the child's account from any department or agency of the state of Missouri, shall be governed by the applicable statutes, regulations and rules of the respective state government programs.(5) The division may accept funds which a parent, guardian, or other person voluntarily wishes to provide for the use and benefit of the child. The use and deposit of such funds shall be governed by 210.560, RSMo and any additional directions given by the provider of the funds. (A) Monies received voluntarily from any parent, guardian, or other person on behalf of a child for deposit in the child's account shall be disbursed as provided in section (4) of this rule unless the person providing the funds furnishes specific, clear written instructions at the time that the funds are provided directing how the funds shall be used. The division shall keep the instructions with the child's records as provided in section (6) below. If the division is unable to disburse the funds in the manner provided in the written instructions, or if the written instructions are unclear, the division shall provide written notice to the person provides the funds and request further written instructions regarding disbursement of the funds. If the division does not receive written instructions within thirty (30) days of the date that the notice is given, the division may, at the division's discretion, disburse the funds as provided in section (4) of this rule or refund the balance of monies provided to the person providing the funds.(B) The division shall provide an itemized statement detailing the disbursement of any voluntary funds as described in subsection (5)(A) above received from a parent, guardian, or other person upon request by the person providing the funds.(6) A copy of all forms, statements, and information on each child's account shall be maintained with child's records for five (5) years after the child's case is closed.(7) When a child leaves alternative care, the CD shall contact the FACES Payment Unit, for the determination of prior expenses which should be paid from the KIDS account. The FACES Payment Unit shall determine prior expenses for five (5) years prior to the date the child left alternative care pursuant to section 516.120, RSMo. The FACES Payment Unit will process prior expenses to be paid from the KIDS account through fund recoupments for payments made on behalf of the child.(8) The division shall furnish an annual, itemized statement listing all transactions involving the funds which have been deposited or disbursed on the child's behalf from the child's account to the child's guardian ad litem. The statements and supporting documentation shall be open to inspection to the guardian ad litem and the child.(9) Nothing in this section shall be deemed to apply to funds regularly due to the state of Missouri for the support and maintenance of children in the care and custody of the division or collected by the state of Missouri as reimbursement for state funds expended on behalf of the child. This includes, but is not limited to, payments for child support and state debt.(10) When the child is released from the custody of the division or the child dies and the division is holding funds in a KIDS account, the division shall use all proper diligence to dispose of the balance accumulated in the child's account as set forth in 210.560.8, 9 and 10, RSMo or as may be otherwise provided by law. AUTHORITY: section 210.560, RSMo 2000.* Original rule filed Oct. 7, 2005, effective April 30, 2006. Amended by Missouri Register May 1, 2019/Volume 44, Number 9, effective 7/1/2019*Original authority: 210.560, RSMo 1987.