BILL NUMBER: AB 1171	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 24, 2013
	AMENDED IN ASSEMBLY  MAY 7, 2013

INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 22, 2013

   An act to add and repeal Section 16521.6 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, 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   or  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 authorize the
department, in order to reduce costs, to use existing online
electronic recordkeeping repositories for purposes of the pilot
program.  The bill would require  the   an
 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 another authorized
representative as designated by the county or the court to assist the
child or nonminor dependent 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,   2016,  evaluating the pilot program and
providing recommendations as to whether it should be extended,
expanded, or made permanent.  These 
    The   bill's provisions would be implemented only if
the Director of Finance makes a written determination that there are
sufficient funds available from sources other than the General Fund
for this purpose. The bill's  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) 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   an  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.  In order to
reduce costs, the department may use existing online electronic
recordkeeping repositories for purposes of the pilot program. 
   (b)  The   An  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 for the purposes of this
pilot program.
   (d) Documents included in  the   an 
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) Copy of his or her certified birth certificate.
   (3) 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) 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) 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.
   (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   a  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  a  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,   2016,  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 be implemented only if the Director of
Finance makes a written determination that there are sufficient funds
available from sources other than the General Fund for this purpose.
 
   (h) 
    (i)  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.