California Assembly Bill AB2698 Introduced / Bill

 BILL NUMBER: AB 2698INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Block FEBRUARY 19, 2010 An act to amend Section 10618.6 of the Welfare and Institutions Code, relating to public social services. LEGISLATIVE COUNSEL'S DIGEST AB 2698, as introduced, Block. Foster youth: identity theft. Under existing law, a county welfare department is required to request a consumer disclosure, pursuant to federal law, on behalf of a youth in a foster care placement in the county, when the youth reaches his or her 16th birthday, in order to ascertain whether the youth has been the victim of identity theft. If the consumer disclosure reveals any negative items, or evidence that identity theft has occurred, existing law requires the county welfare department to refer the youth to an approved organization that provides services to victims of identity theft. Existing law requires the department to develop a list of approved organizations for this purpose, in consultation with the County Welfare Directors Association and others. This bill would revise the above provisions, to require the county welfare department or the State Department of Social Services to ascertain whether identity theft may have occurred under the described circumstances. The bill would require the matter to be referred to a governmental agency or nonprofit organization that provides information and assistance to victims of identity theft, rather than to an approved counseling organization. The bill would authorize the agency or the nonprofit organization to take remedial actions to clear the youth's credit record and to report the results to the referring agency. The bill would require the Office of Privacy Protection, in consultation with the State Department of Social Services and other specified entities, to develop a list of governmental agencies and nonprofit organizations. 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 10618.6 of the Welfare and Institutions Code is amended to read: 10618.6.  When   In the year that  a youth in a foster care placement reaches his or her 16th birthday, the county welfare department  or the State Department of Social Services  shall request a consumer disclosure  from the three national credit reporting agencies  , pursuant to the free annual disclosure provision of the federal Fair Credit Reporting Act, on the youth's behalf, notwithstanding any other provision of law, to ascertain whether or not identity theft  has occurred. If there is a   may have occurred. Notwithstanding Section 827, Section 10850, or any other provision of law, both the county and the department are authorized under this section to make the request on a foster youth's behalf. If a consumer  disclosure for the youth  exists,  and if the consumer disclosure reveals any negative items, or any evidence that some form of identity theft  has occurred, the county welfare department   may have occurred, the state or county, acting on behalf of the foster youth,  shall refer the  youth to an approved counseling   matter to a governmental agency or nonprofit  organization that provides  services   information and assistance  to victims of identity theft. The  agency or nonprofit organization is authorized under this section to take remedial action on behalf of the foster youth to clear his or her credit record and to report the results of the action to the referring county or state department. The Office of Privacy Protection, in consultation with the  State Department of Social Services,  in consultation with  the County Welfare Directors Association, consumer credit reporting agencies, and other relevant stakeholders, shall develop a list of  approved organizations to which youth   agencies and organizations to which the matter  may be referred for assistance in responding to an instance of suspected identity theft. Nothing in this section shall be construed to require the county welfare department  to request   or the State Department of Social Services to make  more than one  request for a  consumer disclosure on behalf of a youth in care, or to take steps beyond referring the  youth to an approved   matter to an agency or  organization.