Amended in Senate August 4, 2014

Amended in Senate August 12, 2013

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 authorize, no later than begin delete July 1, 2014, end delete begin insert January 1, 2016, end insert a county to develop and implement a voluntary begin insert 3 county end insert 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 from, or termination of, 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 the pilot program to be developed and implemented only if there are 3 begin delete or more end delete participating counties and would authorize the participating counties, 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 the participating counties, in consultation with the State Department of Social Services, to submit a report to the Assembly and Senate Human Services Committees no later than December 1, begin delete 2016, end delete begin insert 2018, end insert 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 begin delete would become inoperative on January 1, 2018, and end delete would be repealed as of January 1, begin delete 2019. end delete begin insert 2020. end insert

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 begin delete July 1, 2014, end delete begin insert January 1, 2016, end insert a
county may develop and implement a voluntary begin insert three county end insert 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 his or her emancipation from, or termination of, dependency
or probation, the opportunity to create his or her own singular
online electronic 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 his or her
transition to adulthood. The department shall determine which
counties are authorized to participate in the pilot program to ensure
that those counties represent the socioeconomic and geographic
diversity of the state. The pilot program may be developed and
implemented only if there are three begin delete or more end delete counties participating
in the pilot program. In order to reduce costs, the participating
counties, in consultation with the department, may use existing
online electronic systems for purposes of the pilot program.

(b) The online electronic record shall allow the foster youth or
nonminor dependent to view, download, upload, and transmit, as
appropriate, necessary 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 foster youth or nonminor dependent with establishing the
electronic record and obtaining information and electronic copies
of his or her documents for the purposes of this pilot program, and
training the foster youth or nonminor dependent in the use,
maintenance, and protection of the record.

(d) Documents and information included in the online electronic
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 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
participating counties, in consultation with the director.

(e) Access to the electronic record shall be limited to the foster
youth or nonminor dependent and any individual whom he or she
authorizes to access the record.

(f) Any necessary efforts to provide for the security of 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 participating counties, in
consultation with the director.

(g) The department, in consultation with the Office of Systems
Integration, the California Child Welfare Council, and other
appropriate state agencies, shall seek guidance on interagency
protocols, technical specifications, and information in order to
assist the counties as they establish electronic records.

begin insert

(h) The participating counties shall submit to the department a
fiscal analysis and recommendations for the interoperability of
the pilot program with the Child Welfare Services-New System.

end insert begin delete

(h) (1)

end delete

begin insert (i) end insert  The participating counties, in consultation with the
department, shall submit a report to the Assembly and Senate
Human Services Committees no later than December 1, begin delete 2016, end delete
begin insert 2018, end insert evaluating the pilot program and providing recommendations
as to whether it should be extended, expanded, or made permanent.

begin delete

(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.

end delete begin delete

(i)

end delete

begin insert (j) end insert  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.

begin delete

(j)  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.

end delete begin insert

(k) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

end insert