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 wouldbegin delete require,end deletebegin insert authorize,end insert no later than July 1, 2014,begin delete that the State Department of Social Servicesend deletebegin insert a
county to develop andend insert implementbegin delete and overseeend delete a voluntarybegin delete 3-countyend delete 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 herbegin delete transitionend deletebegin insert emancipationend insert frombegin insert, or termination of,end insert dependency or probation, the opportunity to create his or her own singular online electronic 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 thebegin delete department,end deletebegin insert
pilot program to be developed and implemented only if there are 3 or more participating counties and would authorize the participating counties,end insert in order to reduce costs, to use existing online electronic systems for purposes of the pilot program. The bill would require the online electronic record to allow the foster youth or nonminor dependent to view, download, upload, and transmit 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 foster youth or nonminor dependent with establishing the electronic record and obtaining the information and electronic copies of the documents.
This bill would require thebegin delete department, in coordination with the 3end delete
participating counties,begin insert
in consultation with the State Department of Social Services,end insert 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 16521.6 is added to the Welfare and
2Institutions Code, to read:
(a) No later than July 1, 2014,begin delete the department shallend delete
4begin insert a county may develop andend insert implementbegin delete and overseeend delete a voluntary
5begin delete three-countyend delete pilot program for a period of three years to provide
6a foster youth, who is 16 years of age or older, or a nonminor
7dependent, as defined in subdivision (v) of Section 11400, upon
8his or her request, or upon his or herbegin delete transitionend deletebegin insert
emancipationend insert frombegin insert,
P3 1or termination of,end insert dependency or probation, the opportunity to
2create his or her own singular online electronic record containing
3necessary information and documents for purposes of assisting the
4foster youth or nonminor dependent in creating, maintaining,
5managing, and having access to that information and those
6documents and to assist in his or her transition to adulthood.begin insert The
7department shall determine which counties are authorized to
8participate in the pilot program to ensure that those counties
9represent the socioeconomic and geographic diversity of the state.
10The pilot program may be developed and implemented only if there
11are three or more counties participating in the pilot program.end insert
In
12order to reduce costs,begin insert the participating counties, in consultation
13withend insert thebegin delete departmentend deletebegin insert department, end insert may use existing online electronic
14
systems for purposes of the pilot program.
15(b) The online electronic record shall allow the foster youth or
16nonminor dependent to view, download, upload, and transmit, as
17appropriate, necessary
information and documents.
18(c) A social worker or other representative of the county welfare
19department, or a probation officer or other representative of the
20probation department, as appropriate, or another authorized
21representative as designated by the county or the court shall assist
22the foster youth or nonminor dependent with establishing the
23electronic record and obtaining information and electronic copies
24of his or her documents for the purposes of this pilot program, and
25training thebegin insert fosterend insert youth orbegin insert nonminorend insert dependent in the use,
26maintenance, and protection of the record.
27(d) Documents
and information included in the online electronic
28record shall include, but are not limited to, all of the following:
29(1) Medical or health records, including up-to-date health
30
records that include, but are not limited to, diagnoses, allergies,
31test results, immunizations, and medications as permitted by the
32Health Insurance Portability and Accountability Act of 1996
33(Public Law 104-191).
34(2) Copy of his or her certified birth certificate.
35(3) Copy of his or her social security card.
36(4) Letter proving the foster youth or nonminor dependent was
37a ward or dependent of the court.
38(5) Special immigrant juvenile status, if applicable.
39(6) Educational records, as permitted by state pupil privacy laws
40and the federal Family Educational Rights and Privacy Act of 1974
P4 1(20
U.S.C. Sec. 1232g), which shall include a copy of his or her
2official high school transcript and high school diploma or high
3school equivalency certificate, if applicable.
4(7) Copy of his or her driver’s license, as described in Section
512500 of the Vehicle Code, or identification card, as described in
6Section 13000 of the Vehicle Code.
7(8) Background and contact information of siblings and other
8family members, as appropriate, and as permitted by court order
9pursuant to federal and state law.
10(9) Application to seal juvenile court records.
11(10) Copy of his or her transitional independent living case plan,
12if applicable.
13(11) Any additional records as determined necessary bybegin insert the
14participating counties, in consultation withend insert the director.
15(e) Access to the electronic record shall be limited to the foster
16youth or nonminor dependent and
any individual whom he or she
17authorizes to access the record.
18(f) Any necessary efforts to provide for the security of the
19electronic record, including online security protocols, shall be
20taken to protect the privacy of the foster youth or nonminor
21dependent as determined bybegin insert the participating counties, in
22consultation withend insert the director.
23(g) The department, in consultation with the Office of Systems
24Integration, the California Child Welfare Council, and other
25appropriate state agencies, shall seek guidance on interagency
26protocols, technical specifications, and information in order to
27assist the counties as they establish electronic
records.
28(g)
end delete
29begin insert(h)end insert (1) Thebegin insert participating counties, in consultation with theend insert
30 department,begin delete in coordination with the three participating counties,end delete
31 shall submit a report to the Assembly and Senate Human Services
32Committees no later than December 1,
2016, evaluating the pilot
33program and providing recommendations as to whether it should
34be extended, expanded, or made permanent.
35(2) The requirement for submitting a report imposed under this
36subdivision is inoperative on January 1, 2018, pursuant to Section
3710231.5 of the Government Code.
38(h)
end delete
39begin insert(i)end insert This section shall be implemented only if the Director of
40Finance makes a written determination that there are sufficient
P5 1funds available from sources other than the General Fund for this
2purpose.
3(i)
end delete
4begin insert(j)end insert This section shall become inoperative on January 1, 2018,
5and, as of January 1, 2019, is repealed, unless a later enacted
6statute, that becomes operative on or before January 1, 2019,
7deletes or extends the dates on which it becomes inoperative and
8is repealed.
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