COUNCIL OF THE DISTRICT OF COLUMBIA, THE JOHN A. WILSON BUILDING 31350 PENNSYLVANIA AVENUE, NW WASHINGTON, D.C. 20004 David Grosso Committee Member Councilmember At-Large Government Operations Chairperson, Committee on Education Health Human Services Labor and Workforce Development September 38, 2020 Brenda Donald Director Child and Family Services Agency 200 | Street, S.E. Washington, D.C. 20003 Director Donald: Thank you for your letter regarding Bill 23-880 — The ABLE Accounts for Youth in Care Amendment Act of 2020 and Bill 23-881 - The Overpayment of Benefits for Youth in Care Amendment Act of 2020. | am following up regarding your questions and concerns. Bill 23-880 — The ABLE Accounts for Youth in Care Amendment Act of 2020 Federal Legislation Weare fully aware of the federal law that established the ABLE accounts and in compliance with federal law the District of Columbia introduced and passed D.C. Law 21-061, the "ABLE Program Trust Establishment Act of 2025.” The intention behind Bill 23-880 is to take the existing law one step further by ensuring that all eligible residents, specifically some of our most vulnerable young citizens, know of this option and have assistance enrolling in this program. Additionally, Bill 23-880 gives our eligible residents the chance to grow their savings and help prepare them for life outside of government care. | would also like to note that if there are District of Columbia youth in placements outside of the city, they would be eligible to open an account in the District. lam, of course, open to suggestions around the clarity of the bill. Eligibility Regarding whom is eligible, we recognize the difficulty of having a foster parent manage the accounts since foster youth may be transient. Youth can open and maintain their own accounts, as with the Capital Area Asset Builders (CAAB) accounts, at the age of 28. Along with thefinancial literacy provided on CAAB, ABLE accounts should be included in the financial literacy lessons, especially for those who have a disability. Physical disabilities such as blindness or mental conditions such as depression would equally qualify youth. Therefore, youth who have either Social Security Income, Social Security Disability, Medicaid, or most importantly, a diagnosed condition such as clinical depression or blindness, would qualify. ! want to note that although the CAAB accounts are a great resource to youth, those receiving SSDI, Medicaid, and Social Security are limited to the $2,000 cap, limiting them from saving more. Account Management Regarding management of the accounts, as stated above, youth at the age of 18 can manage and monitor their own ABLE accounts. According to our own ABLE program, the accounts can be used for not only for disability expenses, but other qualified expenses including: Education; Housing; Transportation; Employment training and support; Assistive technology and personal support services; Health, prevention and wellness; Financial management and administrative services; Legal fees; Expenses for oversight and monitoring; Funeral and burial expenses Although youth would be responsible for their own accounts, they should be able to seek assistance from their social worker if they need to withdraw for any of the above qualified expenses. Bill 23-881 - The Overpayment of Benefits for Youth in Care Amendment Act of 2020 Notice of Overpayments In your letter, you state that The S ‘overpayments that occur. Security Administration will notify you of any a. Can you provide, in detail, the process by which the agency follows up on overpayments?” 2. Does CFSA only follow up on overpayments if notified of them by SSA? * D.C. Code § 47-4901a. Does CFSA keep a record of their own that details overpayments and the notifications to the account holder? b. How many notifications of overpayments did CFSA transmit to account holders in FY38, FYa9, and FY 20? ¢. How are notifications of overpayments transmitted—electronically, by phone, by mail, or another way? Responsibility for Overpayments Regarding your response in which you state that CFSA should only be responsible for reporting income changes and overpayments when CFSA is the payee: 2. CFSA becomes the payee when youth are in their care. Please explain your statement further. 2. Isthere any time CFSA would not be assigned as the payee, other than when a child goes back home, is adopted, or emancipated? You asked for clarification on how CFSA is responsible for overpayments. As you mentioned in your letter, CFSA should repay the overpayment back to the Social Security Administration. We will work with the Committee on Human Services to clarify this point in the bill. However, we would love to discuss ways CFSA may be willing to compensate youth for any debt they incurred in your care. Legislative Impact | would like the agency's help in fully understanding how many youths this bill would affect. Please provide answers to the following: 2. How many youth 28-20 years old in your care have a diagnosed disability? a. How many of those youth receive SSI, SSDI, or Medicaid? 2. How many of the youth who have aged out in the last five years have overpayments, and how many of those in the last five years has CFSA fully paid or is still paying? ‘a. What is the total amount, combined, that CFSA owes to the Social Security Administration? In addition to the above questions, please answer the following: 2. Ifa former foster youth is currently making overpayments at the fault of CFSA, what can they do to get that payment resolved? 2. IS CFSA not willing to compensate youth for any financial burdens placed on them due to the agency's lack of follow up with the SSA? 3. IF CFSA claims to repay the overpayments, why are former foster youth exiting care with debt to the SSA? | again appreciate your letter on this critical issue and look forward to a productive discussion. As with all legislation that is introduced at the Council, | believe that a hearing is the mostappropriate forum to discuss these topics as it provides the youth most impacted by these issues ‘an opportunity to share their real world experiences with us. | look forward to your response. Sincerely, Pet David Grosso Council of the District of Columbia Chairperson, Committee on Education Ce: The Honorable Brianne K. Nadeau Raleigh Lancaster, Senior Legislative Counsel, Councilmember Brianne K. Nadeau Wayne Turnage, Deputy Mayor for the District of Columbia Health and Human Services Robert Matthews, Principal Deputy Director Rachel Joseph, Chief of Staff Nicola Grey, Interim General Counsel