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

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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-Enrolled.html

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BILL NUMBER: AB 2698	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 19, 2010
	PASSED THE ASSEMBLY  AUGUST 23, 2010
	AMENDED IN SENATE  AUGUST 12, 2010
	AMENDED IN SENATE  AUGUST 2, 2010
	AMENDED IN ASSEMBLY  APRIL 19, 2010

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, 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 permit 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 county welfare department. 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 to which the matter
may be referred for assistance in responding to an instance of
suspected identity theft.


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 and the department are authorized under this
section to make the request on a foster youth's behalf. If the
department 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 or county, acting on behalf of the foster
youth, is authorized to refer the matter to a governmental agency or
nonprofit organization that provides 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 county. The Office of 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 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 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 an agency or organization.