BILL ANALYSIS
AB 1920
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Date of Hearing: April 13, 2010
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Jim Beall Jr., Chair
AB 1920 (Davis) - As Amended: April 8, 2010
SUBJECT : Foster youth: document storage pilot program
SUMMARY : Establishes an internet-based document storage pilot
in three counties under the Office of the State Foster Care
Ombudsman to provide foster children and their care providers
with access to vital documents and other personal information as
specified. Specifically, this bill :
1) Requires the Office of the State Foster Care Ombudsman
(Ombudsman) to take all necessary steps to create an
internet-based foster care document storage pilot program
in consultation with all appropriate state departments in
the counties of Los Angeles, San Francisco, and San
Bernardino.
2) Describes the document storage pilot as consisting of an
interactive, secured web site designed to:
a) Provide foster youth and their care providers with
access to the foster youth's personal information,
including their birth records, social security number,
immunization and other medical records, school records,
official identification cards, and resumes;
b) Allow foster youth to enter and store important
telephone numbers and addresses; and,
c) Connect foster youth to appropriate educational,
independent living skills and work-related resources
through links and information.
3) Requires the Ombudsman to ensure that the web site
maintains the confidentiality of medical and other records
stored on the site, consistent with state and federal law.
4) Allows for the pilot program to be funded with private,
public, or nonprofit funding sources.
EXISTING LAW
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1)Establishes a child welfare system to care for children who
have been or are at risk of abuse or neglect.
2)Establishes the Ombudsman as an autonomous entity within the
Department of Social Services (DSS) to provide children and
youth placed in foster care with the means to resolve issues
related to their care, placement and services. Welfare and
Institutions Code (WIC) Section 16161.
3)Requires the Ombudsman to provide foster children with
information regarding their rights, investigate and resolve
complaints made by and on behalf of foster children, and to
report to the Legislature on an annual basis regarding the
complaints received. WIC 16164.
4)Provides for a summary of the health and educational needs of
a child in foster care to be included in the child's case
plan, and allows for the summary to be created in the form of
a health and education passport or comparable format. WIC
16010.
5)Requires DSS to study the most efficient methods for
collecting and maintaining health and educational data for
children in foster care including: grade level performance,
school records, educational placement, and immunizations; and
to examine county health passport systems for possible
statewide replication. WIC 16501.6.
6)Requires the county welfare department, at any hearing to
terminate jurisdiction over a dependent child who has reached
the age of majority, to submit a report to the court verifying
that certain information, documents and services have been
provided to the child, including documents such as a social
security card, birth certificate and proof of citizenship and
assistance in obtaining health insurance, housing, employment
and financial aid for higher education. WIC 391.
FISCAL EFFECT : Unknown
COMMENTS :
Rationale : The author of this bill cites statistics from the
United States Department of Housing and Urban Development which
reveal that from 2007-2008, Sacramento County saw a 78% increase
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in homelessness among youth under age 18, and estimates that
there are approximately 1.6-1.7 million homeless youth
nationwide.
According to the author, "The goal [of this bill] is to assist
in the development of independent and emancipated youth by
providing a personal health information system that is designed
for foster youth, which provides safe keeping and accessibility
for important life documents?.This bill will allow at risk
foster youth enhanced access to information that promotes
independence and self-sufficiency."
Existing law requires county welfare departments to verify in a
report to the juvenile court that, prior to emancipation, a
foster youth has received essential documents, such as a birth
certificate, social security card, proof of citizenship, and
that the foster youth has been assisted with applying for
services such as Medi-Cal, housing, and financial aid.
This bill would direct the Ombudsman to pilot a web-based
document storage program in three counties to provide foster
youth and their care providers with access to specified vital
documents and resources.
Arguments in support: This bill's sponsor, Living Advantage,
Inc., is a Los Angeles-based nonprofit organization and creator
of the Virtual Assistant Living and Education (VALE) program.
According to Living Advantage, Inc.:
As sponsor of AB 1920 modeled after the Virtual
Assistant Living and Education (VALE) Program, we are
writing to support the passing of this essential
legislation. When youth do not have their social
security cards, birth certificates,
immunization/medical documentation and other vital
life records, they are rendered completely
"unidentifiable". There are many instances when
teenagers are unaware of their own birth dates. This
often happens when a child is continuously moved from
home to home and information is not transferred or is
lost. The VALE Program, a secured website, provides
foster youth a safe site to record and electronically
store their vital life records regardless of where
they live. By proving resources and support, our
program empowers youth to advocate for themselves and
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assist them with locating their life documents.
Questions/Comments:
1)Is this bill duplicative of existing programs and resources?
Some provisions of this bill may be duplicative as the
Ombudsman already provides foster youth with links and
information regarding resources on education, employment,
health, housing assistance, and other important information
at: www.fosteryouthhelp.ca.gov . Also, state law already
directs county welfare departments to compile health and
education data in the form of a health and education passport
for foster youth.
2)Is the Ombudsman the appropriate entity to establish and
oversee the pilot program? This bill requires the Ombudsman
to establish and implement the document storage pilot program.
Given that school, health records, and the other documents
cited in this bill are housed within various county, state and
federal departments and agencies, it is unclear whether the
Ombudsman is the appropriate state entity to coordinate
compiling and maintaining the documents specified in this bill
on an ongoing basis in a secure manner.
Suggested amendments:
1)As described in the comments above, the author may wish to
house this pilot within DSS, as it would have a greater
capacity to oversee the development of a three county specific
pilot related to secure, confidential document storage and
retrieval.
2)Additional clarity may be needed to define who this bill would
apply to. Would this bill apply to dependents and wards?
Does the author intend this pilot apply to foster youth of all
ages? The author may wish to restrict electronic access to
this sensitive information to older foster youth.
3)Given the highly sensitive nature of the information to be
archived in the document storage web site, and the potential
for identity theft should this information be accessed by an
unauthorized user, the author may wish to provide greater
definition to which care providers will be granted access to
the information included on the web site, and criteria for
providing data safeguards.
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4)The author may wish to include dates for implementation and a
sunset date to the pilot, along with an evaluation or report
to the legislature, by a date certain, on the outcomes and
effectiveness of the pilot.
5)In addition, while this bill requires the Ombudsman to consult
with the appropriate state departments in the development of
the pilot program, the author may wish to require the
Ombudsman to consult with stakeholders representing the
counties and foster youth such as the County Welfare Directors
Association of California (CWDA) and the California Youth
Connection, or other foster youth advocacy organizations, in
the creation of the pilot program.
Prior and related legislation:
AB 1148 (Davis) of 2009 was substantially similar to this bill,
with the exception that it created a statewide program, instead
of a pilot, and named it the Virtual Assistant Living and
Education (VALE) program. AB 1148 was pulled at the author's
request, and not heard in the Assembly Human Services Committee.
AB 270 (De La Torre) of 2009 required the juvenile court to
maintain jurisdiction over nonminor youth if it finds that the
county welfare department has not provided foster youth with
specified information, screenings, and resources prior to the
minor's 18th birthday. This bill was held on suspense in the
Assembly Appropriations Committee.
AB 2310 (Maze), Chapter 131, Statutes of 2008 required county
child welfare departments to provide certain information to
foster youth who reach the age of majority before the juvenile
court terminates jurisdiction over that youth.
REGISTERED SUPPORT / OPPOSITION :
Support
Living Advantage, Inc. (sponsor)
Opposition
None on file.
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Analysis Prepared by : Michelle Doty Cabrera / HUM. S. / (916)
319-2089