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Liablility / Criminal Records - FAQs

What are dormant funds and what is the proper process for these funds?

There are two types of dormant funds:

• Abandoned Property - A client leaves DFCS custody or care, and their whereabouts are unknown. In this case, the funds normally escheat to the state after five years. Contact the Division Legal Services Officer for instructions. These funds should not be released without proper legal authority, in some cases the local probate court.
• Deceased Person Property – A client dies while in custody or care. Contact the Division Legal Services Officer for instructions. These funds are normally held for five years, after which time the county attorney may request these funds be given to the local school system. These funds should not be released without proper legal authority, in some cases the local probate court.

Should a DFCS agency manage representative payee funds without a court order?

No, Unless the DFCS agency is the official Social Security representative payee, or has a court order designating the agency as the representative payee, the agency has no authority receive the money and/or make decisions on its use. However, do not confuse this with eligibility policy may allow the County Department to be a Protective Payee for an AFDC (GSTG) check for a period of time, subject to policy in effect at the time.