Bill Text: CA AB2698 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Foster youth: identity theft.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-09-30 - Vetoed by Governor. [AB2698 Detail]

Download: California-2009-AB2698-Introduced.html

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BILL NUMBER: AB 2698	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Block

                        FEBRUARY 19, 2010

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2698, as introduced, Block. Foster youth: identity theft.
   Under existing law, 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 the above 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 require the matter to be
referred to a governmental agency or nonprofit organization that
provides information and assistance to victims of identity theft,
rather than to an approved counseling organization. The bill would
authorize the agency or the nonprofit organization to take remedial
actions to clear the youth's credit record and to report the results
to the referring agency. The bill would require the Office of 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated 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.   When   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 the
three national credit reporting agencies  , pursuant to the free
annual disclosure provision of the federal Fair Credit Reporting
Act, on the youth's behalf, notwithstanding any other provision of
law, to ascertain whether or not identity theft  has
occurred. If there is a   may have occurred.
Notwithstanding Section 827, Section 10850, or any other provision of
law, both the county and the department are authorized under this
section to make the request on a foster youth's behalf. 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  has occurred, the county welfare
department   may have occurred, the state or county,
acting on behalf of the foster youth,  shall refer the 
youth to an approved counseling   matter to a
governmental agency or nonprofit  organization that provides
 services   information and assistance  to
victims of identity theft. The  agency or nonprofit organization
is authorized under this section to take remedial action on behalf of
the foster youth to clear his or her credit record and to report the
results of the action to the referring county or state department.
The Office of Privacy Protection, in consultation with the 
State Department of Social Services,  in consultation with
 the County Welfare Directors Association, consumer credit
reporting agencies, and other relevant stakeholders, shall develop a
list of  approved organizations to which youth  
agencies and organizations to which the matter  may be referred
for assistance in responding to an instance of suspected identity
theft. Nothing in this section shall be construed to require the
county welfare department  to request   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  youth to an approved
  matter to an agency or  organization.