BILL NUMBER: AB 1324	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 27, 2009
	PASSED THE ASSEMBLY  AUGUST 31, 2009
	AMENDED IN SENATE  AUGUST 17, 2009
	AMENDED IN ASSEMBLY  MAY 14, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Bass

                        FEBRUARY 27, 2009

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1324, Bass. 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.


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 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
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 may have occurred, the state or county,
acting on behalf of the foster youth, shall 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
referring county or state department. 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 or 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.