Bill Text: CA AB1658 | 2013-2014 | Regular Session | Chaptered


Bill Title: Foster care: consumer credit reports.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2014-09-29 - Chaptered by Secretary of State - Chapter 762, Statutes of 2014. [AB1658 Detail]

Download: California-2013-AB1658-Chaptered.html
BILL NUMBER: AB 1658	CHAPTERED
	BILL TEXT

	CHAPTER  762
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2014
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2014
	PASSED THE SENATE  AUGUST 13, 2014
	PASSED THE ASSEMBLY  AUGUST 18, 2014
	AMENDED IN SENATE  AUGUST 4, 2014
	AMENDED IN SENATE  JUNE 23, 2014
	AMENDED IN SENATE  JUNE 15, 2014
	AMENDED IN ASSEMBLY  MAY 23, 2014
	AMENDED IN ASSEMBLY  APRIL 22, 2014
	AMENDED IN ASSEMBLY  MARCH 17, 2014

INTRODUCED BY   Assembly Members Jones-Sawyer and Chau
   (Principal coauthor: Assembly Member Quirk-Silva)

                        FEBRUARY 12, 2014

   An act to amend Section 10618.6 of the Welfare and Institutions
Code, relating to foster care.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1658, Jones-Sawyer. Foster care: consumer credit reports.
   Existing federal law, the Child and Family Services Improvement
and Innovation Act of 2011, requires that each child in foster care
under the responsibility of the state who has attained 16 years of
age receive without cost a copy of any consumer report pertaining to
the child each year until the child is discharged from care, and
assistance in interpreting and resolving any inaccuracies in the
report.
   Existing law provides for child welfare services, which are public
social services directed toward, among other purposes, protecting
and promoting the welfare of all children, including those in foster
care placement. Existing law declares the policy of the Legislature
that all children in foster care be free from abuse. Existing law
requires a county welfare department, county probation department, or
the State Department of Social Services to request a consumer credit
disclosure on behalf of a child in a foster care placement in the
county when the child reaches his or her 16th birthday, and each year
thereafter while the child is under the jurisdiction of the juvenile
court, as specified.
   This bill would instead require a county welfare department,
county probation department, or the State Department of Social
Services to inquire of each of the 3 major credit reporting agencies
as to whether a child described above has any consumer credit
history, as specified. The bill would require the State Department of
Social Services, if it makes the inquiry, to notify the county
welfare department or the county probation department in the county
having jurisdiction over the child of the results of that inquiry.
The bill would also provide that if an inquiry performed pursuant to
these provisions indicates that a child has a consumer credit history
with any major credit reporting agency, the responsible county
welfare department or county probation department is required to
request a consumer credit report from that agency.
   The bill would also require the State Department of Social
Services to provide specified information related to the
implementation of these provisions to the Assembly Committee on
Budget, the Senate Budget and Fiscal Review Committee, and the
appropriate legislative policy committees by no later than February
1, 2016. The bill would make other technical, nonsubstantive changes
to these provisions.


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.  (a) (1) When a child in a foster care placement reaches
his or her 16th birthday, and each year thereafter, while the child
is under the jurisdiction of the juvenile court, the county welfare
department, county probation department, or, if an automated process
is available, the State Department of Social Services, shall inquire
of each of the three major credit reporting agencies as to whether
the child has any consumer credit history.
   (2) If the State Department of Social Services makes the inquiry,
it shall notify the county welfare department or county probation
department in the county having jurisdiction over the child of the
results of that inquiry.
   (3) Pursuant to the federal Child and Family Services Improvement
and Innovation Act of 2011 and the federal Fair Credit Reporting Act,
if an inquiry performed pursuant to this subdivision indicates that
a child has a consumer credit history with any major credit reporting
agency, the responsible county welfare department or county
probation department shall request a consumer credit report from that
credit reporting agency.
   (b) For a nonminor dependent, the county welfare department or
county probation department shall assist the young adult, on a yearly
basis while the nonminor dependent is under the jurisdiction of the
juvenile court, with requesting the consumer credit report from each
of the three major credit reporting agencies, pursuant to the free
annual disclosure provision of the federal Fair Credit Reporting Act.

   (c) The county social worker or county probation officer shall
ensure that the child or nonminor dependent receives assistance with
interpreting the consumer credit report and resolving any
inaccuracies. The assistance may include, but is not limited to,
referring the youth to a governmental or nonprofit agency that
provides consumer credit services. This section does not require the
social worker or probation officer to be the individual providing the
direct assistance with interpreting the consumer credit disclosure
or resolving the inaccuracies.
   (d) Notwithstanding any other law, in order to make an inquiry or
to request a consumer credit report for youth pursuant to this
section, the county welfare department, county probation department,
or, if an automated process is available, the State Department of
Social Services may release necessary information to a credit
reporting agency.
   (e) No later than February 1, 2016, the State Department of Social
Services shall provide information to the Assembly Committee on
Budget, the Senate Budget and Fiscal Review Committee, and the
appropriate legislative policy committees regarding the
implementation of this section, including, but not limited to, any
state and county barriers to obtaining credit reports as required by
the federal Child and Family Services Improvement and Innovation Act
of 2011.                                                 
feedback