BILL NUMBER: AB 1171 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 18, 2013
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, or a nonminor dependent, as defined, upon his or
her request, or upon his or her emancipation
transition from dependency or probation, with access
to an the opportunity to create his or her own
singular online electronic recordkeeping repository
record of necessary information and
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
recordkeeping repositories systems for purposes
of the pilot program. The bill would require an
the online electronic recordkeeping repository
record to allow the foster youth
or nonminor dependent to view, download, upload, and transmit
those documents to assist the youth or nonminor dependent in
maintaining those the information and
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
foster youth or nonminor dependent with establishing the
electronic record and obtaining the information and
electronic copies of those the
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, or a nonminor dependent, as defined in subdivision
(v) of Section 11400, upon his or her request, or upon
the foster youth's emancipation his or her
transition from dependency or probation, with access
to an the opportunity to create his or her own
singular online electronic recordkeeping repository of
record containing necessary information
and documents for purposes of assisting the foster youth
or nonminor dependent in creating, maintaining
, managing, and having access to that information and
those documents and to assist in the youth's
his or her transition to adulthood. In order to reduce
costs, the department may use existing online electronic
recordkeeping repositories systems for purposes
of the pilot program.
(b) An The online electronic
recordkeeping repository record shall
allow the foster youth or nonminor dependent to view,
download, upload, and transmit, as appropriate, necessary
documents to assist the youth or nonminor dependent in maintaining
the documents. information and 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 foster youth or nonminor
dependent with establishing the electronic record and
obtaining information and electronic copies of his or her
records documents for the purposes of
this pilot program. program, and training the
youth or dependent in the use, maintenance, and protection of the
record.
(d) Documents and information included in an
the online electronic recordkeeping
repository record 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 foster youth
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 a repository the electronic
record shall be limited to the foster youth or nonminor
dependent and the person designated pursuant to
subdivision (c). any individual whom he or she
authorizes to access the record.
(f) Any necessary efforts to provide for the security of
a repository, the electronic record, including
online security protocols, shall be taken to protect the privacy of
the foster youth or nonminor dependent 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.