Amended in Senate June 18, 2013

Amended in Assembly May 24, 2013

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 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, begin insert or a nonminor dependent, as defined, end insert upon his or her request, or upon his or her begin delete emancipation end delete begin insert transition end insert from dependency or probation, begin delete with access to an end delete begin insert the opportunity to create his or her own singular end insert online electronic begin delete recordkeeping repository end delete begin insert record end insert of necessary begin insert information and end insert documents, including, but not limited to, medical 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 begin delete recordkeeping repositories end delete begin insert systems end insert for purposes of the pilot program. The bill would require begin delete an end delete begin insert the end insert online electronic begin delete recordkeeping repository end delete begin insert record end insert to allow the begin insert foster end insert youth begin insert or nonminor dependent end insert to view, download, upload, and transmit begin delete those documents to assist the youth or nonminor dependent in maintaining those end delete begin insert the information and end insert 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 begin delete child end delete begin insert foster youth end insert or nonminor dependent with establishing begin insert the electronic record end insert and obtaining begin insert the information and end insert electronic copies of begin delete those end delete begin insert the end insert 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, 2016, evaluating the pilot program and providing recommendations as to whether it should be extended, expanded, or made permanent.

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, begin insert or a nonminor dependent, as defined in subdivision
(v) of Section 11400, end insert upon his or her request, or upon begin delete the foster
youth’s emancipation end delete begin insert his or her transition end insert from dependency or
probation, begin delete with access to an end delete begin insert the opportunity to create his or her
own singular end insert online electronic begin delete recordkeeping repository of end delete begin insert record
containing end insert necessary begin insert information and end insert documents for purposes of
assisting the foster youth begin insert or nonminor dependent end insert in begin insert creating, end insert
maintaining begin insert , managing, end insert and having access to begin insert that information
and end insert those documents and to assist in begin delete the youth’s end delete begin insert his or her end insert
transition to adulthood. In order to reduce costs, the department
may use existing online electronic begin delete recordkeeping repositories end delete
begin insert systems end insert for purposes of the pilot program.

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

(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 begin delete child end delete begin insert foster youth end insert or nonminor dependent with establishing begin insert the
electronic record end insert and obtaining begin insert information and end insert electronic copies
of his or her begin delete records end delete begin insert documents end insert for the purposes of this pilot
begin delete program. end delete begin insert program, and training the youth or dependent in the use,
maintenance, and protection of the record. end insert

(d) Documents begin insert and information end insert included in begin delete an end delete begin insert the end insert online
electronic begin delete recordkeeping repository end delete begin insert record end insert 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 begin delete child end delete begin insert foster youth end insert 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 begin delete a repository end delete begin insert the electronic record end insert shall be limited
to the foster youth begin insert or nonminor dependent end insert and begin delete the person
designated pursuant to subdivision (c). end delete begin insert any individual whom he or
she authorizes to access the record. end insert

(f) Any necessary efforts to provide for the security of begin delete a
repository, end delete begin insert the electronic record, end insert including online security
protocols, shall be taken to protect the privacy of the foster youth
begin insert or nonminor dependent end insert 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,
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.

(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.