Bill Text: CA AB2935 | 2023-2024 | Regular Session | Amended
Bill Title: Foster children: consumer credit reports.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2024-06-20 - Read second time and amended. Re-referred to Com. on HUMAN S. [AB2935 Detail]
Download: California-2023-AB2935-Amended.html
|
Amended
IN
Senate
June 20, 2024 |
|
Amended
IN
Senate
June 10, 2024 |
|
Amended
IN
Assembly
April 17, 2024 |
|
Amended
IN
Assembly
April 01, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2935
| Introduced by Assembly Member Maienschein (Coauthor: Assembly Member Petrie-Norris) |
February 15, 2024 |
An act to amend Section 1785.11.11 of the Civil Code, relating to foster care.
LEGISLATIVE COUNSEL'S DIGEST
AB 2935, as amended, Maienschein.
Foster children: consumer credit reports.
Existing law requires a consumer credit reporting agency to place a security freeze for a protected consumer if it receives a request from a protected consumer’s representative for the placement of a security freeze, as specified, or if the protected consumer’s representative submits the request to the consumer credit reporting agency in accordance with certain requirements. For purposes of these provisions, a “protected consumer” includes an individual who is under the jurisdiction of a county welfare department or county probation department, has been placed in a foster care setting, and is under 16 years of age at the time a request for placement of a security freeze is made. Existing law authorizes a consumer credit reporting agency to remove a security freeze for a protected consumer, or to delete a record of a protected consumer or to delete a record of a protected consumer if
the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumer’s representative.
Existing law requires 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 in foster care placement who reaches their 14th birthday has any consumer credit history, as specified. Existing law, with respect to a nonminor dependent, requires the county welfare department or county probation department to 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 3 major credit reporting agencies, as specified. Existing law requires the county social worker or county probation officer to ensure that the child or nonminor dependent receives assistance
with interpreting the consumer credit report and resolving any inaccuracies, including, but not limited to, referring the youth to a governmental or nonprofit agency that provides consumer credit.
This bill would deem certain requirements for the placement or removal of a security freeze for a protected consumer to be met if the inquiry is verifiably from the county welfare department, department or county probation department, or the State Department of Social Services, department, or their designee, and the requesting entity provides sufficient proof of identification under a specified
federal law. The bill would restrict a county welfare department, department or county probation department, or the State Department of Social Services department, or their designee from requesting a security freeze for a protected consumer placed in foster care that continues beyond the protected consumer’s 18th birthday, as specified. The bill would also specify that, for the purposes of those provisions, the State Department of Social Services is the designee of a county welfare department or county probation department.
If an inquiry
the security freeze request received by one of those entities indicates that the child placed in a foster care setting has a consumer credit history, the bill would require any information that appears on the protected consumer’s credit report to be promptly blocked and not reported, in the same manner as if the credit reporting agency had received a police report pursuant to a specified provision relating to identity theft. The bill also would require the credit reporting to comply with additional requirements relating to the blocking and unblocking of credit history information that is subject to investigation by the police or the Department of Motor Vehicles.
The bill would authorize the freeze to be removed by the representative of the protected consumer or by the
protected consumer if they are 16 years of age or older. If a request to remove the security freeze is not received, the bill would require the freeze to automatically expire on the consumer’s 18th birthday unless the consumer instructs the agency to maintain the freeze beyond that date directly or through their representative. Notwithstanding that limitation, the bill also would permit the freeze to be removed at the request of the representative of a protected consumer placed in a foster care setting after the protected consumer’s 16th birthday. date.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1785.11.11 of the Civil Code is amended to read:1785.11.11.
(a) (1) A consumer credit reporting agency shall place a security freeze for a protected consumer if both of the following occur:(A) The consumer credit reporting agency receives a request from the protected consumer’s representative for the placement of the security freeze pursuant to this section.
(B) The protected consumer’s representative does all of the following:
(i) Submits the request to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting
agency.
(ii) Provides to the consumer credit reporting agency sufficient proof of identification of the protected consumer and the representative.
(iii) Provides to the consumer credit reporting agency sufficient proof of authority to act on behalf of the protected consumer.
(iv) Pays to the consumer credit reporting agency a fee as authorized by subdivision (i).
(2) (A) If the request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting, the credit reporting agency shall deem
the requirements of clauses (ii) and (iii) of subparagraph (B) of paragraph (1) to have been met if the request is verifiably from a county welfare department, department or a county probation department, or the State Department of Social Services, as described in subdivision (a) of Section 10618.6 of the Welfare and Institutions Code, or the designee described in subparagraph (B), and the requesting entity provides sufficient proof of identification under 15 U.S.C. Sec. 1681c-1(j)(1)(G). The
A county welfare department, department or county probation department, or the State Department of Social Services department, or the designee described in subparagraph (B), shall not have the authority to request a security freeze for a protected consumer placed in foster care that continues beyond the protected consumer’s 18th birthday. A security freeze requested under this paragraph shall be deemed to expire on the protected consumer’s 18th birthday.
(B) For purposes of this paragraph, the State Department of Social Services shall be considered the designee of a county welfare department or county probation department.
(3) If an inquiry a request received pursuant to subdivision (a) of Section 10618.6 of the Welfare and Institutions Code paragraph (2) indicates that a child
the protected consumer who has been placed in a foster care setting has a consumer credit history, any information that appears on the protected consumer’s credit report shall be promptly blocked and not reported, in the same manner as if the agency had received a police report pursuant to Section 530.5 of the Penal Code. The credit reporting agency shall also comply with subdivisions (k) and (l) of Section 1785.16, regarding the child protected consumer who has been placed in a foster care setting.
(b) If a consumer credit reporting agency does not have a file pertaining to a protected consumer when the consumer credit reporting agency
receives a request pursuant to paragraph (1) of subdivision (a), the consumer credit reporting agency shall create a record for the protected consumer.
(c) If a protected consumer’s representative requests a security freeze, the consumer credit reporting agency shall disclose the process for placing and removing a security freeze.
(d) Within 30 days after receiving a request that meets the requirements of subdivision (a), a consumer credit reporting agency shall place a security freeze for the protected consumer. The consumer credit reporting agency shall send written confirmation of the security freeze to the address on file within 10 days of the placement of the security freeze.
(e) Unless a security freeze for a
protected consumer is removed pursuant to subdivision (h) or (j), a consumer credit reporting agency shall not release the protected consumer’s consumer credit report, any information derived from the protected consumer’s consumer credit report, or any record created for the protected consumer.
(f) A security freeze for a protected consumer placed pursuant to this section shall remain in effect until either of the following occurs:
(1) The protected consumer or the protected consumer’s representative requests that the consumer credit reporting agency remove the security freeze in accordance with subdivision (h).
(2) The security freeze is removed in accordance with subdivision (j).
(g) To remove a security freeze, a protected consumer or a protected consumer’s representative shall do all of the following:
(1) Submit a request for removal of the security freeze to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.
(2) Provide to the consumer credit reporting agency:
(A) If the request is made by the protected consumer:
(i) Proof that the sufficient proof of authority for the protected consumer’s representative to act on behalf of the protected consumer is no longer valid, they have been
emancipated, or they are 16 years of age or older.
(ii) Sufficient proof of identification of the protected consumer.
(B) If the request is made by the representative of a protected consumer:
(i) Sufficient proof of identification of the protected consumer and the representative.
(ii) Sufficient proof of authority to act on behalf of the protected consumer.
(3) Pay to the consumer credit reporting agency a fee as authorized by subdivision (i).
(h) Within 30 days after receiving a request that meets the requirements of subdivision
(g), a consumer credit reporting agency shall remove a security freeze for a protected consumer.
(i) (1) Except as provided in paragraph (2), a consumer credit reporting agency may not charge a fee for any service performed pursuant to this section.
(2) A consumer credit reporting agency is authorized to charge a reasonable fee, not exceeding ten dollars ($10), for each placement or removal of a security freeze for a protected consumer.
(3) Notwithstanding paragraph (2), a consumer credit reporting agency shall not charge any fee pursuant to this section under any of the following circumstances:
(A) The protected consumer’s representative has
received a report of alleged identity theft against the protected consumer under Section 530.5 of the Penal Code and has provided copy of the report to the consumer credit reporting agency.
(B) The request for the placement or removal of a security freeze is for a protected consumer who is under 16 years of age at the time of the request and the consumer credit reporting agency has a report pertaining to the protected consumer.
(C) The request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting.
(j) (1) A consumer credit reporting agency is authorized to remove a security freeze for a protected consumer or to delete a record
of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumer’s representative.
(2) (A)With respect to a
security freeze placed for a protected consumer for whom a security freeze has been placed under paragraph (2) of subdivision (a), the freeze may be removed at the request of the representative of the protected consumer, or by the protected consumer if the protected consumer is 16 years of age or older at the time they make the request. If a request to remove the security freeze is not received, the security freeze shall automatically expire on the consumer’s 18th birthday pursuant to paragraph (2) of subdivision (a) unless the consumer, either directly or through their representative,
protected consumer
instructs the agency to maintain the freeze beyond that date.
(B)Notwithstanding subparagraph (A), a security freeze may be removed upon the request of the representative of the protected consumer who has been placed in a foster care setting after the protected consumer’s 16th birthday.
(k) A consumer credit reporting agency may develop procedures involving the use of telephone, mail, fax, the internet, or other electronic media to receive and process a request for a protected consumer’s security freeze to be placed or removed.
