Amended in Assembly May 7, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1171

Introduced by Assembly Member Levine

February 22, 2013

An act to add begin insert and repeal end insert Section 16521.6 begin delete to end delete begin insert of end insert the Welfare and Institutions Code, relating to child welfare services.

LEGISLATIVE COUNSEL’S DIGEST

AB 1171, as amended, Levine. Child welfare services: electronic records.

Existing law requires a foster care provider, in consultation with the county case manager, to be responsible for ensuring that a foster youth or nonminor dependent is provided with appropriate referrals to health services when the foster youth either reaches 18 years of age or the nonminor dependent exits foster care, and to the extent county and state resources are provided.

This bill would require, begin delete beginning January 1, 2014, as a pilot program in 3 counties that agree to participate, and as determined by the State Department of Social Services, a end delete begin insert no later than July 1, 2014, that the State Department of Social Services implement and oversee a voluntary 3-county pilot program to provide a foster youth, 16 years of age or older, upon his or her request, or upon his or her emancipation from dependency or probation, with access to an online electronic recordkeeping repository of necessary documents, including, but not limited to, medical and health records, a copy of his or her certified birth certificate, and a copy of his or her social security card, to assist him or her in the transition to adulthood. The bill would require the online electronic recordkeeping repository to allow the youth to view, download, upload, and transmit those documents to assist the youth or nonminor dependent in maintaining those documents. The bill would require a end insert social worker or other representative of the county welfare department begin insert , end insert or a probation officer or other representative of the probation department, as appropriate, begin insert or another authorized representative as designated by the county or the court end insert to assist begin delete a end delete begin insert the end insert child or nonminor dependent begin delete , 16 years of age or older, or when he or she makes the request, with establishing and obtaining electronic copies of specified records, including, but not limited to, medical or health records, a certified copy of his or her birth certificate, and a social security card end delete begin insert with establishing and obtaining electronic copies of those documents end insert .

begin insert

This bill would require the department, in coordination with the 3 participating counties, to submit a report to the Assembly and Senate Human Services Committees no later than December 1, 2017, evaluating the pilot program and providing recommendations as to whether it should be extended, expanded, or made permanent. These provisions would become inoperative on January 1, 2018, and would be repealed as of January 1, 2019.

end insert

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 16521.6 is added to the Welfare and
Institutions Code, to read:

begin delete

16521.6.  

(a) When a child is 16 years of age or older, or when
he or she makes the request, a

end delete

begin insert

begin insert 16521.6. end insert   

end insert begin insert

(a) No later than July 1, 2014, the department shall
implement and oversee a voluntary three-county pilot program
for a period of three years to provide a foster youth, who is 16
years of age or older, upon his or her request, or upon the foster
youth’s emancipation from dependency or probation, with access
to a singular online electronic recordkeeping repository of
necessary documents for purposes of assisting the foster youth in
maintaining and having access to those documents and to assist
in the youth’s transition to adulthood.

end insert begin insert

(b) The online electronic recordkeeping repository shall allow
the foster youth to view, download, upload, and transmit, as
appropriate, necessary documents to assist the youth or nonminor
dependent in maintaining the documents.

end insert

begin insert (c) end insert begin insert   end insert begin insert A end insert social worker or other representative of the county welfare
department begin insert , end insert or a probation officer or other representative of the
probation department, as appropriate, begin insert end insert begin insert or another authorized
representative as designated by the county or the court end insert shall assist
the child or nonminor dependent with establishing and obtaining
electronic copies of his or her records begin delete , including, but not limited
to: end delete begin insert for the purposes of this pilot program. end insert

begin insert

(d) Documents included in the online electronic recordkeeping
repository shall include, but are not limited to, all of the following:

end insert

(1) Medical or health records begin insert , including up-to-date health
records that include, but are not limited to, diagnoses, allergies,
test results, immunizations, and medications as permitted by the
Health Insurance Portability and Accountability Act of 1996
(Public Law 104-191) end insert .

(2)  begin delete Certified copy end delete begin insert Copy end insert of his or her begin insert certified end insert birth certificate.

(3)  begin delete Social end delete begin insert Copy of his or her social end insert security card.

(4) Letter proving the child or nonminor dependent was a ward
or dependent of the court.

(5) Special immigrant juvenile status, if applicable.

(6)  begin delete School records. end delete begin insert Educational records, as permitted by state
pupil privacy laws and the federal Family Educational Rights and
Privacy Act of 1974 (20 U.S.C. Sec. 1232g), which shall include
a copy of his or her official high school transcript and high school
diploma or high school equivalency certificate, if applicable. end insert

(7)  begin delete Driver’s end delete begin insert Copy of his or her driver’s end insert license, as described in
Section 12500 of the Vehicle Code, or identification card, as
described in Section 13000 of the Vehicle Code.

(8) Background and contact information of siblings and other
family members begin insert , as appropriate, and as permitted by court order
pursuant to federal and state law end insert .

(9) Application to seal juvenile court records.

begin delete

(b) This section shall be a pilot program in three counties that
agree to participate, as determined by the State Department of
Social Services, beginning on January 1, 2014.

end delete begin insert

(10) Copy of his or her transitional independent living case
plan, if applicable.

(11) Any additional records as determined necessary by the
director.

(e) Access to the repository shall be limited to the foster youth
and the person designated pursuant to subdivision (c).

(f) Any necessary efforts to provide for the security of the
repository, including online security protocols, shall be taken to
protect the privacy of the foster youth as determined by the
director.

(g) (1) The department, in coordination with the three
participating counties, shall submit a report to the Assembly and
Senate Human Services Committees no later than December 1,
2017, evaluating the pilot program and providing recommendations
as to whether it should be extended, expanded, or made permanent.

(2) The requirement for submitting a report imposed under this
subdivision is inoperative on January 1, 2018, pursuant to Section
10231.5 of the Government Code.

(h) This section shall become inoperative on January 1, 2018,
and, as of January 1, 2019, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2019,
deletes or extends the dates on which it becomes inoperative and
is repealed.

end insert