AB 1658, as amended, Jones-Sawyer. Foster care: consumer credit reports.
Existing federal law, the Child and Family Services Improvement and Innovation Act of 2011, requires that each child in foster care under the responsibility of the state who has attained 16 years of age receives without cost a copy of any consumer report pertaining to the child each year until the child is discharged from care, and receives assistance in interpreting and resolving any inaccuracies in the report.
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. Existing law requires a county welfare department, county probation department, or the State Department of Social
Services to request a consumer credit disclosure on behalf of a child in a foster care placement in the county when the child reaches his or her 16th birthday, and each year thereafter while the child is under the jurisdiction of the juvenilebegin delete courtend deletebegin insert court, as specifiedend insert.
This bill wouldbegin delete require all counties and the State Department of Social Services to be in full compliance with these provisions and the federal act by July 1, 2015, and would require the State Department of Social Services to, by January 1, 2016, submit a report to the Legislature that identifies the counties that are in compliance with these provisions and the federal act, and the counties that are not in compliance.end deletebegin insert
instead require a county welfare department, county probation department, or the State Department of Social Services to inquire of each of the 3 major credit reporting agencies as to whether a child described above has any consumer credit history, as specified. The bill would require the State Department of Social Services, if it makes the inquiry, to notify the county welfare department or the county probation department in the county having jurisdiction over the child of the results of that inquiry. The bill would also provide that if an inquiry performed pursuant to these provisions indicates that a child has a consumer credit history with any major credit reporting agency, the responsible county welfare department or county probation department is required to request a consumer credit report from that agency.end insert
The bill would also require the State Department of Social Services to provide specified information related to the implementation of these provisions to the Assembly Committee on Budget, the Senate Budget and Fiscal Review Committee, and the appropriate legislative policy committees by no later than February 1, 2016. The bill would make other technical, nonsubstantive changes to these provisions.
end insertVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 10618.6 of the Welfare and Institutions
2Code is amended to read:
begin delete(a)end deletebegin delete end deletebegin deletePursuant to the federal Child and Family Services begin insert(a)end insertbegin insert end insertbegin insert(1)end insertbegin insert end insertbegin insertWhenend insertbegin insert end inserta
4Improvement and Innovation Act of 2011, when end delete
P3 1child in a foster care placement reaches his or her 16th birthday,
2and each year thereafter, while the child is under the jurisdiction
3of the juvenile court, the
county welfare department, county
4probation department, or, if an automated process is available, the
5State Department of Social Services, shallbegin delete request a consumer begin insert inquire ofend insert each of the three major credit
6credit disclosure fromend delete
7reportingbegin delete agencies, pursuant to the free annual disclosure provision begin insert agencies as to whether the child
8of the federal Fair Credit Reporting Act, on the child’s behalf,
9notwithstanding any other lawend delete
10has any consumer credit historyend insert.
11(2) If the State Department of Social Services makes the inquiry,
12it shall notify the county welfare department or county probation
13department in the county having jurisdiction over the child of the
14results of that inquiry.
15(3) Pursuant to the federal Child and Family Services
16Improvement and Innovation Act of 2011 and the federal Fair
17Credit Reporting Act, if an inquiry performed pursuant to this
18subdivision indicates that a child has a consumer credit history
19with any major credit reporting agency, the responsible county
20welfare department or county probation department shall request
21a consumer credit report from that credit reporting agency.
22(b) For a nonminor dependent, the
county welfare department
23or county probation department shall assist the young adult, on a
24yearly basis while the nonminor dependent is under the jurisdiction
25of the juvenile court, with requesting the consumer creditbegin delete disclosureend delete
26begin insert reportend insert from each of the three major credit reporting agencies,
27pursuant to the free annual disclosure provision of the federal Fair
28Credit Reporting Act.
29(c) The county social worker or county probation officer shall
30ensure that the child or nonminor dependent receives assistance
31with interpreting the consumer creditbegin delete disclosureend deletebegin insert
reportend insert and
32resolving any inaccuracies. The assistance may include, but is not
33limited to, referring the youth to a governmental or nonprofit
34agency that provides consumer credit services. This section does
35not require the social worker or probation officer to be the
36individual providing the direct assistance with interpreting the
37consumer credit disclosure or resolving the inaccuracies.
38(d) Notwithstanding any other law, in order tobegin insert make an inquiry
39or toend insert request a consumer creditbegin delete disclosureend deletebegin insert reportend insert for youth pursuant
40to this section, the county welfare
department, county probation
P4 1department, or, if an automated process is available, the State
2Department of Social Services may release necessary information
3to a credit reporting agency.
4(e) All counties and the State Department of Social Services
5shall be in full compliance with this section and the federal Child
6and Family Services Improvement and Innovation Act of 2011 by
7July 1, 2015.
8(f) (1) No later than January 1, 2016, the State Department of
9Social Services shall submit a report to the Legislature that
10identifies the counties that are in compliance with this section and
11the federal Child and Family Services Improvement and Innovation
12Act of 2011, and the counties that are not in compliance.
13(2) A report submitted pursuant to paragraph (1) shall be
14submitted in compliance with Section 9795 of the Government
15Code.
16(3) The requirement for submitting a report imposed under
17paragraph (1) is inoperative on January 1, 2020, pursuant to Section
1810231.5 of the Government Code.
19(e) No later than February 1, 2016, the State Department of
20Social Services shall provide information to the Assembly
21Committee on Budget, the Senate Budget and Fiscal Review
22Committee, and the appropriate legislative policy committees
23regarding the implementation of this section, including, but not
24limited to, any state and county barriers to obtaining credit reports
25as required by the federal Child and Family Services Improvement
26and Innovation Act of 2011.
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