BILL NUMBER: AB 1171	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 7, 2013

INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 22, 2013

   An act to add  and repeal  Section 16521.6  to
  of  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,  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 
 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  social worker or other representative of the
county welfare department  ,  or a probation officer or
other representative of the probation department, as appropriate,
 or anoth   er authorized representative as designated
by the county or the court  to assist  a  
the  child or nonminor dependent  , 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   with
establishing and obtaining electronic copies of those documents 
. 
    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. 
   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: 
   16521.6.  (a) When a child is 16 years of age or older, or when he
or she makes the request, a 
    16521.6.    (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.  
   (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. 
    (c)     A  social worker or other
representative of the county welfare department  ,  or a
probation officer or other representative of the probation
department, as appropriate,    or another  
authorized representative as designated by the county or the court
 shall assist the child or nonminor dependent with establishing
and obtaining electronic copies of his or her records  ,
including, but not limited to:   for the purposes of
this pilot program.  
   (d) Documents included in the online electronic recordkeeping
repository shall include, but are not limited to, all of the
following: 
   (1) Medical or health records  , 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)  .
   (2)  Certified copy   Copy  of his or
her  certified  birth certificate.
   (3)  Social   Copy of his or her social 
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)  School records.   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. 
   (7)  Driver's   Copy   of his or her
driver's  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  , as appropriate, and as permitted   by
court order pursuant to federal and state law  .
   (9) Application to seal juvenile court records. 
   (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.  
   (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.