BILL NUMBER: AB 1920	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 8, 2010

INTRODUCED BY   Assembly Member Davis

                        FEBRUARY 16, 2010

    An act relating to elder and dependent abuse. 
 An act to add Section 16168 to the Welfare and Institutions
Code, relating to foster youth. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1920, as amended, Davis.  Elder and dependent abuse
reporting: repeal date.   Foster youth: personal
information: pilot program.  
   Existing law establishes the Office of the State Foster Care
Ombudsperson in the State Department of Social Services with
prescribed powers and duties relating to the management of foster
children, including the dissemination of information on the rights of
children and youth in foster care.  
   This bill would require the office to take all necessary steps to
establish and implement an Internet Web-based foster care document
storage pilot program and authorize the counties of Los Angeles, San
Francisco, and San Bernardino to participate in this pilot program in
accordance with the bill. The bill would provide that the pilot
program would consist of an interactive, secured Internet Web site
designed to give foster youth and their care providers access to
designated personal information of the foster youth. The bill would
require the office to ensure that the Internet Web site maintains the
confidentiality of medical and other records on the Internet Web
site, consistent with applicable state and federal law.  
   This bill would authorize the funding of the pilot program through
private, public, or nonprofit funding sources.  
   Existing law, the Elder Abuse and Dependent Adult Civil Protection
Act, establishes procedures for the reporting, investigation, and
prosecution of elder and dependent adult abuse. These procedures
require persons, defined as mandated reporters, to report known or
suspected instances of elder or dependent adult abuse. Under existing
law, care custodians of elder or dependent adults and local law
enforcement agencies are mandated reporters. With certain exceptions,
a violation of the reporting requirements by a mandated reporter is
a misdemeanor.  
   Existing law, the Financial Elder Abuse Reporting Act of 2005,
until January 1, 2013, includes within these reporting requirements
mandated reporters of suspected financial abuse, as defined, and
makes failure to comply with these requirements, with certain
exceptions, subject to a civil penalty.  
   The act also, until January 1, 2013, provides that a county adult
protective services office and a long-term care ombudsman when
investigating the financial abuse of an elder or dependent adult is
not prohibited from requesting financial information and the office
or branch of a financial institution is not prohibited from
responding to the request.  
   This bill would declare the intent of the Legislature to enact
legislation that would delete the January 1, 2013, repeal for the
Financial Elder Abuse Reporting Act of 2005. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 16168 is added to the 
 Welfare and Institutions Code   , to read:  
   16168.  (a) The Office of the State Foster Care Ombudsperson shall
take all necessary steps, including consulting with all appropriate
state departments, to establish and implement an Internet Web-based
foster care document storage pilot program, and authorize the
counties of Los Angeles, San Francisco, and San Bernardino to
participate in this pilot program in accordance with this section.
   (b) The pilot program established pursuant to this section shall
consist of an interactive, secured, Internet Web site, designed to
give foster youth and their care providers access to the foster youth'
s personal information, as described in subdivision (c).
   (c) The information maintained on the Internet Web site shall
include, but shall not be limited to, all of the following:
   (1) Birth records.
   (2) Social security numbers.
   (3) Immunization and other medical records.
   (4) School records.
   (5) Official identification cards.
   (6) Resumes.
   (d) The Internet Web site shall allow a foster child to develop a
personal database to store important telephone numbers and addresses.

   (e) The Internet Web site shall also provide information and links
to connect foster youth to appropriate resources to meet their
educational needs, independent living skills requirements, and work
needs.
   (f) The office shall ensure that the Internet Web site maintains
the confidentiality of medical and other records on the Internet Web
site, consistent with the requirements of this section and applicable
state and federal law.
   (g) The pilot program established under this section may be funded
through private, public, or nonprofit funding sources. 

  SECTION 1.    It is the intent of the Legislature
to enact legislation that would delete the repeal date for the
Financial Elder Abuse Reporting Act of 2005 (Chapter 140 of the
Statutes of 2005).