AB 1658, as amended, Jones-Sawyer. Foster care: consumer credit reports: security freeze.
Existing law provides for child welfare services, which are public social services directed toward, among other purposes, protecting and promoting the welfare of all children, including those in foster care placement. Existing law declares the policy of the Legislature that all children in foster care be free from abuse.
This bill would require, at the time of placement, a county welfare agency to notify every consumer credit reporting agency of the placement of a minor dependent underbegin insert 17end insert years of agebegin delete 17end delete into foster care. By imposing new duties on county officials, the bill would impose a state-mandated local program.
Existing law, the Consumer Credit Reporting Agencies Act, defines and regulates consumer credit reports and permits a consumer to place a security freeze, defined as a notice placed in a consumer’s credit report, at the request of the consumer, and subject to certain exceptions, that prohibits the consumer credit reporting agency from releasing the consumer’s credit report or any information from it without the express authorization of the consumer, on his or her credit report by making a request in writing by certified mail to a consumer credit reporting agency.
This bill would require, after notification of placement by a county welfare agency, a consumer credit reporting agency to place a security freeze on the credit report of a minor dependent underbegin insert 17end insert years of agebegin delete 17end delete
placed in foster care.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 1785.11.7 is added to the Civil Code, to
2read:
(a) In furthering the policy of the State of California
4that children in foster care have the right to a life that is free from
5abuse, it is the intent of the Legislature that a security freeze shall
6be put into effect on the credit report for all minor dependents in
7foster care underbegin insert 17end insert years of agebegin delete 17end delete to protect them from identity
8theft and financial crimes through the unauthorized usage of their
9credit.
10(b) Following notification by a county welfare agency of the
11placement of a minor dependent
into foster care, a consumer credit
12reporting agency shall place a security freeze on the minor
13dependent’s credit report pursuant to Section 1785.11.2.
14(c) This section shall only apply to minor dependents who are
15underbegin insert 17end insert years of agebegin delete 17end delete.
16(d) This section does not apply to a check services company, a
17fraud prevention services company, or a deposit account
18information service company in accordance with Section 1785.11.6.
Section 16515 is added to the Welfare and Institutions
20Code, to read:
A county welfare agency shall notify every consumer
2credit reporting agency of the placement of a minor dependent
3underbegin insert 17end insert years of agebegin delete 17end delete into foster care at the time of placement.
If the Commission on State Mandates determines that
5this act contains costs mandated by the state, reimbursement to
6local agencies and school districts for those costs shall be made
7pursuant to Part 7 (commencing with Section 17500) of Division
84 of Title 2 of the Government Code.
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