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AB-846 Foster youth: identity theft.(2011-2012)

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Amended  IN  Senate  June 07, 2011
Amended  IN  Assembly  March 31, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 846


Introduced  by  Assembly Member Bonilla
(Coauthor(s): Senator Liu)

February 17, 2011


An act to amend Section 10618.6 of the Welfare and Institutions Code, relating to public social services.


LEGISLATIVE COUNSEL'S DIGEST


AB 846, as amended, Bonilla. Foster youth: identity theft.
Under existing law, Existing law requires a county welfare department is required to request a consumer disclosure, pursuant to federal law, on behalf of a youth in a foster care placement in the county when the youth reaches his or her 16th birthday, in order to ascertain whether the youth has been the victim of identity theft. If the consumer disclosure reveals any negative items or evidence that identity theft has occurred, existing law requires the county welfare department to refer the youth to an approved organization that provides services to victims of identity theft. Existing law requires the department to develop a list of approved organizations for this purpose, in consultation with the County Welfare Directors Association and others.
This bill would revise these provisions to require the county welfare department or the State Department of Social Services to ascertain whether identity theft may have occurred under the described circumstances. The bill would authorize the county welfare department and the State Department of Social Services to refer the matter to a governmental agency or nonprofit organization that provides information and assistance to victims of identity theft. The bill would authorize the governmental agency or nonprofit organization to take remedial actions to clear the youth’s credit record and to report the results to the county welfare department or the State Department of Social Services. The bill would require the Office of Information Security and Privacy Protection, in consultation with the State Department of Social Services and other specified entities, to develop a list of governmental agencies and nonprofit organizations to which these matters may be referred for assistance in responding to an instance of suspected identity theft.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 10618.6 of the Welfare and Institutions Code is amended to read:

10618.6.
 In the year that a youth in a foster care placement reaches his or her 16th birthday, the county welfare department or the State Department of Social Services shall request a consumer disclosure from each of the national consumer credit reporting agencies, pursuant to the free annual disclosure provision of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.), on the youth’s behalf, notwithstanding any other provision of law, to ascertain whether or not identity theft may have occurred. Notwithstanding Section 827, Section 10850, or any other provision of law, both the county welfare department and the State Department of Social Services are authorized under this section to make the request on a foster youth’s behalf. If the State Department of Social Services submits the request, the department shall use the most efficient means possible, such as via a batch process using lists of youth turning 16 years of age, on a quarterly or semiannual basis, rather than via individual manual requests. If a consumer disclosure for the youth exists and if the consumer disclosure reveals any negative items, or any evidence that some form of identity theft may have occurred, the State Department of Social Services or the county welfare department, acting on behalf of the foster youth, may refer the matter to a governmental agency or nonprofit organization that provides information and assistance to victims of identity theft. The governmental agency or nonprofit organization may take remedial action on behalf of the foster youth to clear his or her credit record and report the results of the action to the county welfare department or the State Department of Social Services. The Office of Information Security and Privacy Protection, in consultation with the State Department of Social Services, the County Welfare Directors Association, consumer credit reporting agencies, and other relevant stakeholders, shall develop a list of governmental agencies and nonprofit organizations to which these matters may be referred for assistance in responding to an instance of suspected identity theft. Nothing in this section shall This section shall not be construed to require the county welfare department or the State Department of Social Services to make more than one request for a consumer disclosure on behalf of a youth in care, or to take steps beyond referring the matter to a governmental agency or nonprofit organization.