Amended IN Assembly April 01, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2935Introduced by Assembly Member MaienscheinFebruary 15, 2024An act to amend Section 1785.11.11 of the Civil Code, and to amend Section 10618.6 of the Welfare and Institutions Code, relating to foster care. LEGISLATIVE COUNSEL'S DIGESTAB 2935, as amended, Maienschein. Foster children: consumer credit reports.Existing law requires a consumer credit reporting agency to place a security freeze for a protected consumer if it receives a request from a protected consumers representative for the placement of a security freeze, as specified, or if the protected consumers representative submits the request to the consumer credit reporting agency in accordance with certain requirements. For purposes of these provisions, a protected consumer includes an individual who is under the jurisdiction of a county welfare department or county probation department, has been placed in a foster care setting, and is under 16 years of age at the time a request for placement of a security freeze is made. Existing law authorizes a consumer credit reporting agency to remove a security freeze for a protected consumer, or to delete a record of a protected consumer or to delete a record of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumers representative.Existing law requires 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 in foster care placement who reaches their 14th birthday has any consumer credit history, as specified. Existing law, with respect to a nonminor dependent, requires the county welfare department or county probation department to assist the young adult, on a yearly basis while the nonminor dependent is under the jurisdiction of the juvenile court, with requesting the consumer credit report from each of the 3 major credit reporting agencies, as specified. Existing law requires the county social worker or county probation officer to ensure that the child or nonminor dependent receives assistance with interpreting the consumer credit report and resolving any inaccuracies, including, but not limited to, referring the youth to a governmental or nonprofit agency that provides consumer credit.This bill additionally would require the assistance provided by the county social worker or county probation worker to include verifying that the child has availed themself of those consumer credit services, pursuant to a specified provision. The bill would require a credit freeze placed pursuant to the above provisions to be removed upon the childs request if the child is 16 years of age or older, or upon a determination by the responsible department that the removal of the freeze is in the best interest of the child, as specified.By increasing the duties of county social workers and county probation officers, the bill would impose a state-mandated local program.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 no reimbursement is required by this act for a specified reason.This bill would deem the requirements for the placement or removal of a security freeze for a protected consumer to be met if the inquiry is verifiably from the county welfare department, county probation department, or the State Department of Social Services. If an inquiry received by one of those entities indicates that the child placed in a foster care setting has a consumer credit history, the bill would require any information that appears on the protected consumers credit report to be promptly blocked and not reported, in the same manner as if the credit reporting agency had received a police report pursuant to a specified provision relating to identity theft. The bill also would require the credit reporting to comply with additional requirements relating to the blocking and unblocking of credit history information that is subject to investigation by the police or the Department of Motor Vehicles.The bill would require the freeze to automatically expire on the consumers 18th birthday unless the consumer instructs the agency to maintain the freeze beyond that date directly or through their representative. Notwithstanding that limitation, the bill also would permit the freeze to be removed at the request of the representative of a protected consumer placed in a foster care setting after the protected consumers 16th birthday.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1785.11.11 of the Civil Code is amended to read:1785.11.11. (a) (1) A consumer credit reporting agency shall place a security freeze for a protected consumer if any both of the following occur:(1)(A) The consumer credit reporting agency receives a request from the protected consumers representative for the placement of the security freeze pursuant to this section.(2)(B) The protected consumers representative does all of the following:(A)(i) Submits the request to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.(B)(ii) Provides to the consumer credit reporting agency sufficient proof of identification of the protected consumer and the representative.(C)(iii) Provides to the consumer credit reporting agency sufficient proof of authority to act on behalf of the protected consumer.(D)(iv) Pays to the consumer credit reporting agency a fee as authorized by subdivision (i).(3)The consumer credit reporting agency receives an inquiry from a protected consumers representative who is from a county welfare department, a county probation department, or the State Department of Social Services, pursuant to subdivision (a) of Section 10618.6 of the Welfare and Institutions Code. A fee shall not be charged to the county or the department for the freeze, pursuant to subparagraph (C) of paragraph (3) of subdivision (i).(2) If the request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting, the credit reporting agency shall deem the requirements of clauses (i) to (iii), inclusive, of subparagraph (A) of paragraph (1) to have been met if the request is verifiably from a county welfare department, a county probation department, or the State Department of Social Services, as described in subdivision (a) of Section 10618.6 of the Welfare and Institutions Code.(3) If an inquiry received pursuant to subdivision (a) of Section 10618.6 of the Welfare and Institutions Code indicates that a child who has been placed in a foster care setting has a consumer credit history, any information that appears on the protected consumer's credit report shall be promptly blocked and not reported, in the same manner as if the agency had received a police report pursuant to Section 530.5 of the Penal Code. The credit reporting agency shall also comply with subdivisions (k) and (l) of Section 1785.16, regarding the child who has been placed in a foster care setting.(b) If a consumer credit reporting agency does not have a file pertaining to a protected consumer when the consumer credit reporting agency receives a request pursuant to paragraph (1) of subdivision (a), the consumer credit reporting agency shall create a record for the protected consumer.(c) If a protected consumers representative requests a security freeze, the consumer credit reporting agency shall disclose the process for placing and removing a security freeze.(d) Within 30 days after receiving a request that meets the requirements of subdivision (a), a consumer credit reporting agency shall place a security freeze for the protected consumer. The consumer credit reporting agency shall send written confirmation of the security freeze to the address on file within 10 days of the placement of the security freeze.(e) Unless a security freeze for a protected consumer is removed pursuant to subdivision (h) or (j), a consumer credit reporting agency shall not release the protected consumers consumer credit report, any information derived from the protected consumers consumer credit report, or any record created for the protected consumer.(f) A security freeze for a protected consumer placed pursuant to this section shall remain in effect until either of the following occurs:(1) The protected consumer or the protected consumers representative requests that the consumer credit reporting agency remove the security freeze in accordance with subdivision (h).(2) The security freeze is removed in accordance with subdivision (j).(g) To remove a security freeze, a protected consumer or a protected consumers representative shall do all of the following:(1) Submit a request for removal of the security freeze to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.(2) Provide to the consumer credit reporting agency:(A) If the request is made by the protected consumer:(i) Proof that the sufficient proof of authority for the protected consumers representative to act on behalf of the protected consumer is no longer valid, they have been emancipated, or they are 16 years of age or older.(ii) Sufficient proof of identification of the protected consumer.(B) If the request is made by the representative of a protected consumer:(i) Sufficient proof of identification of the protected consumer and the representative.(ii) Sufficient proof of authority to act on behalf of the protected consumer.(3) Pay to the consumer credit reporting agency a fee as authorized by subdivision (i).(h) Within 30 days after receiving a request that meets the requirements of subdivision (g), a consumer credit reporting agency shall remove a security freeze for a protected consumer.(i) (1) Except as provided in paragraph (2), a consumer credit reporting agency may not charge a fee for any service performed pursuant to this section.(2) A consumer credit reporting agency is authorized to charge a reasonable fee, not exceeding ten dollars ($10), for each placement or removal of a security freeze for a protected consumer.(3) Notwithstanding paragraph (2), a consumer credit reporting agency shall not charge any fee pursuant to this section under any of the following circumstances:(A) The protected consumers representative has received a report of alleged identity theft against the protected consumer under Section 530.5 of the Penal Code and has provided copy of the report to the consumer credit reporting agency.(B) The request for the placement or removal of a security freeze is for a protected consumer who is under 16 years of age at the time of the request and the consumer credit reporting agency has a report pertaining to the protected consumer.(C) The request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting.(j) (1) A consumer credit reporting agency is authorized to remove a security freeze for a protected consumer or to delete a record of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumers representative.(2) (A) With respect to a protected consumer who has been placed in a foster care setting, the freeze shall automatically expire on the consumers 18th birthday unless the consumer, either directly or through their representative, instructs the agency to maintain the freeze beyond that date.(B) Notwithstanding subparagraph (A), a freeze may be removed upon the request of the representative of protected consumer who has been placed in a foster care setting after the protected consumers 16th birthday.(k) A consumer credit reporting agency may develop procedures involving the use of telephone, mail, fax, the Internet, internet, or other electronic media to receive and process a request for a protected consumers security freeze to be placed or removed.SEC. 2.Section 10618.6 of the Welfare and Institutions Code is amended to read:10618.6.(a)(1)When a child in a foster care placement reaches their 14th birthday, and each year thereafter, while the child is under the jurisdiction of the juvenile court, the county welfare department, county probation department, or, if an automated process is available, the State Department of Social Services, shall inquire of each of the three major credit reporting agencies as to whether the child has any consumer credit history.(2)If the State Department of Social Services makes the inquiry, it shall notify the county welfare department or county probation department in the county having jurisdiction over the child of the results of that inquiry.(3)Pursuant to the federal Child and Family Services Improvement and Innovation Act (Public Law 112-34) and the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.), if an inquiry performed pursuant to this subdivision indicates that a child has a consumer credit history with any major credit reporting agency, the responsible county welfare department or county probation department shall request a consumer credit report from that credit reporting agency.(b)For a nonminor dependent, the county welfare department or county probation department shall assist the young adult, on a yearly basis while the nonminor dependent is under the jurisdiction of the juvenile court, with requesting the consumer credit report from each of the three major credit reporting agencies, pursuant to the free annual disclosure provision of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.).(c)(1)The county social worker or county probation officer shall ensure that the child or nonminor dependent receives assistance with interpreting the consumer credit report and resolving any inaccuracies. The assistance shall include, but is not limited to, referring the youth to a governmental or nonprofit agency that provides consumer credit services, and verifying that the child has in fact availed themself of those services, pursuant to subparagraph (C) of paragraph (5) of subdivision (b) of Section 391. This section does not require the social worker or probation officer to be the individual providing the direct assistance with interpreting the consumer credit disclosure or resolving the inaccuracies.(2)If a credit freeze is placed pursuant to paragraph (3) of subdivision (a) of Section 1785.11.11 of the Civil Code, it shall be removed upon the childs request if the child is 16 years of age or older, or upon a determination by the responsible department after notifying the childs counsel that removal of the security freeze is in the best interest of the child.(d)Notwithstanding any other law, in order to make an inquiry or to request a consumer credit report for youth pursuant to this section, the county welfare department, county probation department, or, if an automated process is available, the State Department of Social Services may release necessary information to a credit reporting agency.(e)No later than February 1, 2016, the State Department of Social Services shall provide information to the Assembly Committee on Budget, the Senate Budget and Fiscal Review Committee, and the appropriate legislative policy committees regarding the implementation of this section, including, but not limited to, any state and county barriers to obtaining credit reports as required by the federal Child and Family Services Improvement and Innovation Act (Public Law 112-34).SEC. 3.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.SEC. 2. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
Amended IN Assembly April 01, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2935Introduced by Assembly Member MaienscheinFebruary 15, 2024An act to amend Section 1785.11.11 of the Civil Code, and to amend Section 10618.6 of the Welfare and Institutions Code, relating to foster care. LEGISLATIVE COUNSEL'S DIGESTAB 2935, as amended, Maienschein. Foster children: consumer credit reports.Existing law requires a consumer credit reporting agency to place a security freeze for a protected consumer if it receives a request from a protected consumers representative for the placement of a security freeze, as specified, or if the protected consumers representative submits the request to the consumer credit reporting agency in accordance with certain requirements. For purposes of these provisions, a protected consumer includes an individual who is under the jurisdiction of a county welfare department or county probation department, has been placed in a foster care setting, and is under 16 years of age at the time a request for placement of a security freeze is made. Existing law authorizes a consumer credit reporting agency to remove a security freeze for a protected consumer, or to delete a record of a protected consumer or to delete a record of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumers representative.Existing law requires 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 in foster care placement who reaches their 14th birthday has any consumer credit history, as specified. Existing law, with respect to a nonminor dependent, requires the county welfare department or county probation department to assist the young adult, on a yearly basis while the nonminor dependent is under the jurisdiction of the juvenile court, with requesting the consumer credit report from each of the 3 major credit reporting agencies, as specified. Existing law requires the county social worker or county probation officer to ensure that the child or nonminor dependent receives assistance with interpreting the consumer credit report and resolving any inaccuracies, including, but not limited to, referring the youth to a governmental or nonprofit agency that provides consumer credit.This bill additionally would require the assistance provided by the county social worker or county probation worker to include verifying that the child has availed themself of those consumer credit services, pursuant to a specified provision. The bill would require a credit freeze placed pursuant to the above provisions to be removed upon the childs request if the child is 16 years of age or older, or upon a determination by the responsible department that the removal of the freeze is in the best interest of the child, as specified.By increasing the duties of county social workers and county probation officers, the bill would impose a state-mandated local program.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 no reimbursement is required by this act for a specified reason.This bill would deem the requirements for the placement or removal of a security freeze for a protected consumer to be met if the inquiry is verifiably from the county welfare department, county probation department, or the State Department of Social Services. If an inquiry received by one of those entities indicates that the child placed in a foster care setting has a consumer credit history, the bill would require any information that appears on the protected consumers credit report to be promptly blocked and not reported, in the same manner as if the credit reporting agency had received a police report pursuant to a specified provision relating to identity theft. The bill also would require the credit reporting to comply with additional requirements relating to the blocking and unblocking of credit history information that is subject to investigation by the police or the Department of Motor Vehicles.The bill would require the freeze to automatically expire on the consumers 18th birthday unless the consumer instructs the agency to maintain the freeze beyond that date directly or through their representative. Notwithstanding that limitation, the bill also would permit the freeze to be removed at the request of the representative of a protected consumer placed in a foster care setting after the protected consumers 16th birthday.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO Local Program: YESNO
Amended IN Assembly April 01, 2024
Amended IN Assembly April 01, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 2935
Introduced by Assembly Member MaienscheinFebruary 15, 2024
Introduced by Assembly Member Maienschein
February 15, 2024
An act to amend Section 1785.11.11 of the Civil Code, and to amend Section 10618.6 of the Welfare and Institutions Code, relating to foster care.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2935, as amended, Maienschein. Foster children: consumer credit reports.
Existing law requires a consumer credit reporting agency to place a security freeze for a protected consumer if it receives a request from a protected consumers representative for the placement of a security freeze, as specified, or if the protected consumers representative submits the request to the consumer credit reporting agency in accordance with certain requirements. For purposes of these provisions, a protected consumer includes an individual who is under the jurisdiction of a county welfare department or county probation department, has been placed in a foster care setting, and is under 16 years of age at the time a request for placement of a security freeze is made. Existing law authorizes a consumer credit reporting agency to remove a security freeze for a protected consumer, or to delete a record of a protected consumer or to delete a record of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumers representative.Existing law requires 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 in foster care placement who reaches their 14th birthday has any consumer credit history, as specified. Existing law, with respect to a nonminor dependent, requires the county welfare department or county probation department to assist the young adult, on a yearly basis while the nonminor dependent is under the jurisdiction of the juvenile court, with requesting the consumer credit report from each of the 3 major credit reporting agencies, as specified. Existing law requires the county social worker or county probation officer to ensure that the child or nonminor dependent receives assistance with interpreting the consumer credit report and resolving any inaccuracies, including, but not limited to, referring the youth to a governmental or nonprofit agency that provides consumer credit.This bill additionally would require the assistance provided by the county social worker or county probation worker to include verifying that the child has availed themself of those consumer credit services, pursuant to a specified provision. The bill would require a credit freeze placed pursuant to the above provisions to be removed upon the childs request if the child is 16 years of age or older, or upon a determination by the responsible department that the removal of the freeze is in the best interest of the child, as specified.By increasing the duties of county social workers and county probation officers, the bill would impose a state-mandated local program.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 no reimbursement is required by this act for a specified reason.This bill would deem the requirements for the placement or removal of a security freeze for a protected consumer to be met if the inquiry is verifiably from the county welfare department, county probation department, or the State Department of Social Services. If an inquiry received by one of those entities indicates that the child placed in a foster care setting has a consumer credit history, the bill would require any information that appears on the protected consumers credit report to be promptly blocked and not reported, in the same manner as if the credit reporting agency had received a police report pursuant to a specified provision relating to identity theft. The bill also would require the credit reporting to comply with additional requirements relating to the blocking and unblocking of credit history information that is subject to investigation by the police or the Department of Motor Vehicles.The bill would require the freeze to automatically expire on the consumers 18th birthday unless the consumer instructs the agency to maintain the freeze beyond that date directly or through their representative. Notwithstanding that limitation, the bill also would permit the freeze to be removed at the request of the representative of a protected consumer placed in a foster care setting after the protected consumers 16th birthday.
Existing law requires a consumer credit reporting agency to place a security freeze for a protected consumer if it receives a request from a protected consumers representative for the placement of a security freeze, as specified, or if the protected consumers representative submits the request to the consumer credit reporting agency in accordance with certain requirements. For purposes of these provisions, a protected consumer includes an individual who is under the jurisdiction of a county welfare department or county probation department, has been placed in a foster care setting, and is under 16 years of age at the time a request for placement of a security freeze is made. Existing law authorizes a consumer credit reporting agency to remove a security freeze for a protected consumer, or to delete a record of a protected consumer or to delete a record of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumers representative.
Existing law requires 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 in foster care placement who reaches their 14th birthday has any consumer credit history, as specified. Existing law, with respect to a nonminor dependent, requires the county welfare department or county probation department to assist the young adult, on a yearly basis while the nonminor dependent is under the jurisdiction of the juvenile court, with requesting the consumer credit report from each of the 3 major credit reporting agencies, as specified. Existing law requires the county social worker or county probation officer to ensure that the child or nonminor dependent receives assistance with interpreting the consumer credit report and resolving any inaccuracies, including, but not limited to, referring the youth to a governmental or nonprofit agency that provides consumer credit.
This bill additionally would require the assistance provided by the county social worker or county probation worker to include verifying that the child has availed themself of those consumer credit services, pursuant to a specified provision. The bill would require a credit freeze placed pursuant to the above provisions to be removed upon the childs request if the child is 16 years of age or older, or upon a determination by the responsible department that the removal of the freeze is in the best interest of the child, as specified.
By increasing the duties of county social workers and county probation officers, the bill would impose a state-mandated local program.
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 no reimbursement is required by this act for a specified reason.
This bill would deem the requirements for the placement or removal of a security freeze for a protected consumer to be met if the inquiry is verifiably from the county welfare department, county probation department, or the State Department of Social Services. If an inquiry received by one of those entities indicates that the child placed in a foster care setting has a consumer credit history, the bill would require any information that appears on the protected consumers credit report to be promptly blocked and not reported, in the same manner as if the credit reporting agency had received a police report pursuant to a specified provision relating to identity theft. The bill also would require the credit reporting to comply with additional requirements relating to the blocking and unblocking of credit history information that is subject to investigation by the police or the Department of Motor Vehicles.
The bill would require the freeze to automatically expire on the consumers 18th birthday unless the consumer instructs the agency to maintain the freeze beyond that date directly or through their representative. Notwithstanding that limitation, the bill also would permit the freeze to be removed at the request of the representative of a protected consumer placed in a foster care setting after the protected consumers 16th birthday.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1785.11.11 of the Civil Code is amended to read:1785.11.11. (a) (1) A consumer credit reporting agency shall place a security freeze for a protected consumer if any both of the following occur:(1)(A) The consumer credit reporting agency receives a request from the protected consumers representative for the placement of the security freeze pursuant to this section.(2)(B) The protected consumers representative does all of the following:(A)(i) Submits the request to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.(B)(ii) Provides to the consumer credit reporting agency sufficient proof of identification of the protected consumer and the representative.(C)(iii) Provides to the consumer credit reporting agency sufficient proof of authority to act on behalf of the protected consumer.(D)(iv) Pays to the consumer credit reporting agency a fee as authorized by subdivision (i).(3)The consumer credit reporting agency receives an inquiry from a protected consumers representative who is from a county welfare department, a county probation department, or the State Department of Social Services, pursuant to subdivision (a) of Section 10618.6 of the Welfare and Institutions Code. A fee shall not be charged to the county or the department for the freeze, pursuant to subparagraph (C) of paragraph (3) of subdivision (i).(2) If the request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting, the credit reporting agency shall deem the requirements of clauses (i) to (iii), inclusive, of subparagraph (A) of paragraph (1) to have been met if the request is verifiably from a county welfare department, a county probation department, or the State Department of Social Services, as described in subdivision (a) of Section 10618.6 of the Welfare and Institutions Code.(3) If an inquiry received pursuant to subdivision (a) of Section 10618.6 of the Welfare and Institutions Code indicates that a child who has been placed in a foster care setting has a consumer credit history, any information that appears on the protected consumer's credit report shall be promptly blocked and not reported, in the same manner as if the agency had received a police report pursuant to Section 530.5 of the Penal Code. The credit reporting agency shall also comply with subdivisions (k) and (l) of Section 1785.16, regarding the child who has been placed in a foster care setting.(b) If a consumer credit reporting agency does not have a file pertaining to a protected consumer when the consumer credit reporting agency receives a request pursuant to paragraph (1) of subdivision (a), the consumer credit reporting agency shall create a record for the protected consumer.(c) If a protected consumers representative requests a security freeze, the consumer credit reporting agency shall disclose the process for placing and removing a security freeze.(d) Within 30 days after receiving a request that meets the requirements of subdivision (a), a consumer credit reporting agency shall place a security freeze for the protected consumer. The consumer credit reporting agency shall send written confirmation of the security freeze to the address on file within 10 days of the placement of the security freeze.(e) Unless a security freeze for a protected consumer is removed pursuant to subdivision (h) or (j), a consumer credit reporting agency shall not release the protected consumers consumer credit report, any information derived from the protected consumers consumer credit report, or any record created for the protected consumer.(f) A security freeze for a protected consumer placed pursuant to this section shall remain in effect until either of the following occurs:(1) The protected consumer or the protected consumers representative requests that the consumer credit reporting agency remove the security freeze in accordance with subdivision (h).(2) The security freeze is removed in accordance with subdivision (j).(g) To remove a security freeze, a protected consumer or a protected consumers representative shall do all of the following:(1) Submit a request for removal of the security freeze to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.(2) Provide to the consumer credit reporting agency:(A) If the request is made by the protected consumer:(i) Proof that the sufficient proof of authority for the protected consumers representative to act on behalf of the protected consumer is no longer valid, they have been emancipated, or they are 16 years of age or older.(ii) Sufficient proof of identification of the protected consumer.(B) If the request is made by the representative of a protected consumer:(i) Sufficient proof of identification of the protected consumer and the representative.(ii) Sufficient proof of authority to act on behalf of the protected consumer.(3) Pay to the consumer credit reporting agency a fee as authorized by subdivision (i).(h) Within 30 days after receiving a request that meets the requirements of subdivision (g), a consumer credit reporting agency shall remove a security freeze for a protected consumer.(i) (1) Except as provided in paragraph (2), a consumer credit reporting agency may not charge a fee for any service performed pursuant to this section.(2) A consumer credit reporting agency is authorized to charge a reasonable fee, not exceeding ten dollars ($10), for each placement or removal of a security freeze for a protected consumer.(3) Notwithstanding paragraph (2), a consumer credit reporting agency shall not charge any fee pursuant to this section under any of the following circumstances:(A) The protected consumers representative has received a report of alleged identity theft against the protected consumer under Section 530.5 of the Penal Code and has provided copy of the report to the consumer credit reporting agency.(B) The request for the placement or removal of a security freeze is for a protected consumer who is under 16 years of age at the time of the request and the consumer credit reporting agency has a report pertaining to the protected consumer.(C) The request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting.(j) (1) A consumer credit reporting agency is authorized to remove a security freeze for a protected consumer or to delete a record of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumers representative.(2) (A) With respect to a protected consumer who has been placed in a foster care setting, the freeze shall automatically expire on the consumers 18th birthday unless the consumer, either directly or through their representative, instructs the agency to maintain the freeze beyond that date.(B) Notwithstanding subparagraph (A), a freeze may be removed upon the request of the representative of protected consumer who has been placed in a foster care setting after the protected consumers 16th birthday.(k) A consumer credit reporting agency may develop procedures involving the use of telephone, mail, fax, the Internet, internet, or other electronic media to receive and process a request for a protected consumers security freeze to be placed or removed.SEC. 2.Section 10618.6 of the Welfare and Institutions Code is amended to read:10618.6.(a)(1)When a child in a foster care placement reaches their 14th birthday, and each year thereafter, while the child is under the jurisdiction of the juvenile court, the county welfare department, county probation department, or, if an automated process is available, the State Department of Social Services, shall inquire of each of the three major credit reporting agencies as to whether the child has any consumer credit history.(2)If the State Department of Social Services makes the inquiry, it shall notify the county welfare department or county probation department in the county having jurisdiction over the child of the results of that inquiry.(3)Pursuant to the federal Child and Family Services Improvement and Innovation Act (Public Law 112-34) and the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.), if an inquiry performed pursuant to this subdivision indicates that a child has a consumer credit history with any major credit reporting agency, the responsible county welfare department or county probation department shall request a consumer credit report from that credit reporting agency.(b)For a nonminor dependent, the county welfare department or county probation department shall assist the young adult, on a yearly basis while the nonminor dependent is under the jurisdiction of the juvenile court, with requesting the consumer credit report from each of the three major credit reporting agencies, pursuant to the free annual disclosure provision of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.).(c)(1)The county social worker or county probation officer shall ensure that the child or nonminor dependent receives assistance with interpreting the consumer credit report and resolving any inaccuracies. The assistance shall include, but is not limited to, referring the youth to a governmental or nonprofit agency that provides consumer credit services, and verifying that the child has in fact availed themself of those services, pursuant to subparagraph (C) of paragraph (5) of subdivision (b) of Section 391. This section does not require the social worker or probation officer to be the individual providing the direct assistance with interpreting the consumer credit disclosure or resolving the inaccuracies.(2)If a credit freeze is placed pursuant to paragraph (3) of subdivision (a) of Section 1785.11.11 of the Civil Code, it shall be removed upon the childs request if the child is 16 years of age or older, or upon a determination by the responsible department after notifying the childs counsel that removal of the security freeze is in the best interest of the child.(d)Notwithstanding any other law, in order to make an inquiry or to request a consumer credit report for youth pursuant to this section, the county welfare department, county probation department, or, if an automated process is available, the State Department of Social Services may release necessary information to a credit reporting agency.(e)No later than February 1, 2016, the State Department of Social Services shall provide information to the Assembly Committee on Budget, the Senate Budget and Fiscal Review Committee, and the appropriate legislative policy committees regarding the implementation of this section, including, but not limited to, any state and county barriers to obtaining credit reports as required by the federal Child and Family Services Improvement and Innovation Act (Public Law 112-34).SEC. 3.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.SEC. 2. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1785.11.11 of the Civil Code is amended to read:1785.11.11. (a) (1) A consumer credit reporting agency shall place a security freeze for a protected consumer if any both of the following occur:(1)(A) The consumer credit reporting agency receives a request from the protected consumers representative for the placement of the security freeze pursuant to this section.(2)(B) The protected consumers representative does all of the following:(A)(i) Submits the request to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.(B)(ii) Provides to the consumer credit reporting agency sufficient proof of identification of the protected consumer and the representative.(C)(iii) Provides to the consumer credit reporting agency sufficient proof of authority to act on behalf of the protected consumer.(D)(iv) Pays to the consumer credit reporting agency a fee as authorized by subdivision (i).(3)The consumer credit reporting agency receives an inquiry from a protected consumers representative who is from a county welfare department, a county probation department, or the State Department of Social Services, pursuant to subdivision (a) of Section 10618.6 of the Welfare and Institutions Code. A fee shall not be charged to the county or the department for the freeze, pursuant to subparagraph (C) of paragraph (3) of subdivision (i).(2) If the request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting, the credit reporting agency shall deem the requirements of clauses (i) to (iii), inclusive, of subparagraph (A) of paragraph (1) to have been met if the request is verifiably from a county welfare department, a county probation department, or the State Department of Social Services, as described in subdivision (a) of Section 10618.6 of the Welfare and Institutions Code.(3) If an inquiry received pursuant to subdivision (a) of Section 10618.6 of the Welfare and Institutions Code indicates that a child who has been placed in a foster care setting has a consumer credit history, any information that appears on the protected consumer's credit report shall be promptly blocked and not reported, in the same manner as if the agency had received a police report pursuant to Section 530.5 of the Penal Code. The credit reporting agency shall also comply with subdivisions (k) and (l) of Section 1785.16, regarding the child who has been placed in a foster care setting.(b) If a consumer credit reporting agency does not have a file pertaining to a protected consumer when the consumer credit reporting agency receives a request pursuant to paragraph (1) of subdivision (a), the consumer credit reporting agency shall create a record for the protected consumer.(c) If a protected consumers representative requests a security freeze, the consumer credit reporting agency shall disclose the process for placing and removing a security freeze.(d) Within 30 days after receiving a request that meets the requirements of subdivision (a), a consumer credit reporting agency shall place a security freeze for the protected consumer. The consumer credit reporting agency shall send written confirmation of the security freeze to the address on file within 10 days of the placement of the security freeze.(e) Unless a security freeze for a protected consumer is removed pursuant to subdivision (h) or (j), a consumer credit reporting agency shall not release the protected consumers consumer credit report, any information derived from the protected consumers consumer credit report, or any record created for the protected consumer.(f) A security freeze for a protected consumer placed pursuant to this section shall remain in effect until either of the following occurs:(1) The protected consumer or the protected consumers representative requests that the consumer credit reporting agency remove the security freeze in accordance with subdivision (h).(2) The security freeze is removed in accordance with subdivision (j).(g) To remove a security freeze, a protected consumer or a protected consumers representative shall do all of the following:(1) Submit a request for removal of the security freeze to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.(2) Provide to the consumer credit reporting agency:(A) If the request is made by the protected consumer:(i) Proof that the sufficient proof of authority for the protected consumers representative to act on behalf of the protected consumer is no longer valid, they have been emancipated, or they are 16 years of age or older.(ii) Sufficient proof of identification of the protected consumer.(B) If the request is made by the representative of a protected consumer:(i) Sufficient proof of identification of the protected consumer and the representative.(ii) Sufficient proof of authority to act on behalf of the protected consumer.(3) Pay to the consumer credit reporting agency a fee as authorized by subdivision (i).(h) Within 30 days after receiving a request that meets the requirements of subdivision (g), a consumer credit reporting agency shall remove a security freeze for a protected consumer.(i) (1) Except as provided in paragraph (2), a consumer credit reporting agency may not charge a fee for any service performed pursuant to this section.(2) A consumer credit reporting agency is authorized to charge a reasonable fee, not exceeding ten dollars ($10), for each placement or removal of a security freeze for a protected consumer.(3) Notwithstanding paragraph (2), a consumer credit reporting agency shall not charge any fee pursuant to this section under any of the following circumstances:(A) The protected consumers representative has received a report of alleged identity theft against the protected consumer under Section 530.5 of the Penal Code and has provided copy of the report to the consumer credit reporting agency.(B) The request for the placement or removal of a security freeze is for a protected consumer who is under 16 years of age at the time of the request and the consumer credit reporting agency has a report pertaining to the protected consumer.(C) The request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting.(j) (1) A consumer credit reporting agency is authorized to remove a security freeze for a protected consumer or to delete a record of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumers representative.(2) (A) With respect to a protected consumer who has been placed in a foster care setting, the freeze shall automatically expire on the consumers 18th birthday unless the consumer, either directly or through their representative, instructs the agency to maintain the freeze beyond that date.(B) Notwithstanding subparagraph (A), a freeze may be removed upon the request of the representative of protected consumer who has been placed in a foster care setting after the protected consumers 16th birthday.(k) A consumer credit reporting agency may develop procedures involving the use of telephone, mail, fax, the Internet, internet, or other electronic media to receive and process a request for a protected consumers security freeze to be placed or removed.
SECTION 1. Section 1785.11.11 of the Civil Code is amended to read:
### SECTION 1.
1785.11.11. (a) (1) A consumer credit reporting agency shall place a security freeze for a protected consumer if any both of the following occur:(1)(A) The consumer credit reporting agency receives a request from the protected consumers representative for the placement of the security freeze pursuant to this section.(2)(B) The protected consumers representative does all of the following:(A)(i) Submits the request to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.(B)(ii) Provides to the consumer credit reporting agency sufficient proof of identification of the protected consumer and the representative.(C)(iii) Provides to the consumer credit reporting agency sufficient proof of authority to act on behalf of the protected consumer.(D)(iv) Pays to the consumer credit reporting agency a fee as authorized by subdivision (i).(3)The consumer credit reporting agency receives an inquiry from a protected consumers representative who is from a county welfare department, a county probation department, or the State Department of Social Services, pursuant to subdivision (a) of Section 10618.6 of the Welfare and Institutions Code. A fee shall not be charged to the county or the department for the freeze, pursuant to subparagraph (C) of paragraph (3) of subdivision (i).(2) If the request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting, the credit reporting agency shall deem the requirements of clauses (i) to (iii), inclusive, of subparagraph (A) of paragraph (1) to have been met if the request is verifiably from a county welfare department, a county probation department, or the State Department of Social Services, as described in subdivision (a) of Section 10618.6 of the Welfare and Institutions Code.(3) If an inquiry received pursuant to subdivision (a) of Section 10618.6 of the Welfare and Institutions Code indicates that a child who has been placed in a foster care setting has a consumer credit history, any information that appears on the protected consumer's credit report shall be promptly blocked and not reported, in the same manner as if the agency had received a police report pursuant to Section 530.5 of the Penal Code. The credit reporting agency shall also comply with subdivisions (k) and (l) of Section 1785.16, regarding the child who has been placed in a foster care setting.(b) If a consumer credit reporting agency does not have a file pertaining to a protected consumer when the consumer credit reporting agency receives a request pursuant to paragraph (1) of subdivision (a), the consumer credit reporting agency shall create a record for the protected consumer.(c) If a protected consumers representative requests a security freeze, the consumer credit reporting agency shall disclose the process for placing and removing a security freeze.(d) Within 30 days after receiving a request that meets the requirements of subdivision (a), a consumer credit reporting agency shall place a security freeze for the protected consumer. The consumer credit reporting agency shall send written confirmation of the security freeze to the address on file within 10 days of the placement of the security freeze.(e) Unless a security freeze for a protected consumer is removed pursuant to subdivision (h) or (j), a consumer credit reporting agency shall not release the protected consumers consumer credit report, any information derived from the protected consumers consumer credit report, or any record created for the protected consumer.(f) A security freeze for a protected consumer placed pursuant to this section shall remain in effect until either of the following occurs:(1) The protected consumer or the protected consumers representative requests that the consumer credit reporting agency remove the security freeze in accordance with subdivision (h).(2) The security freeze is removed in accordance with subdivision (j).(g) To remove a security freeze, a protected consumer or a protected consumers representative shall do all of the following:(1) Submit a request for removal of the security freeze to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.(2) Provide to the consumer credit reporting agency:(A) If the request is made by the protected consumer:(i) Proof that the sufficient proof of authority for the protected consumers representative to act on behalf of the protected consumer is no longer valid, they have been emancipated, or they are 16 years of age or older.(ii) Sufficient proof of identification of the protected consumer.(B) If the request is made by the representative of a protected consumer:(i) Sufficient proof of identification of the protected consumer and the representative.(ii) Sufficient proof of authority to act on behalf of the protected consumer.(3) Pay to the consumer credit reporting agency a fee as authorized by subdivision (i).(h) Within 30 days after receiving a request that meets the requirements of subdivision (g), a consumer credit reporting agency shall remove a security freeze for a protected consumer.(i) (1) Except as provided in paragraph (2), a consumer credit reporting agency may not charge a fee for any service performed pursuant to this section.(2) A consumer credit reporting agency is authorized to charge a reasonable fee, not exceeding ten dollars ($10), for each placement or removal of a security freeze for a protected consumer.(3) Notwithstanding paragraph (2), a consumer credit reporting agency shall not charge any fee pursuant to this section under any of the following circumstances:(A) The protected consumers representative has received a report of alleged identity theft against the protected consumer under Section 530.5 of the Penal Code and has provided copy of the report to the consumer credit reporting agency.(B) The request for the placement or removal of a security freeze is for a protected consumer who is under 16 years of age at the time of the request and the consumer credit reporting agency has a report pertaining to the protected consumer.(C) The request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting.(j) (1) A consumer credit reporting agency is authorized to remove a security freeze for a protected consumer or to delete a record of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumers representative.(2) (A) With respect to a protected consumer who has been placed in a foster care setting, the freeze shall automatically expire on the consumers 18th birthday unless the consumer, either directly or through their representative, instructs the agency to maintain the freeze beyond that date.(B) Notwithstanding subparagraph (A), a freeze may be removed upon the request of the representative of protected consumer who has been placed in a foster care setting after the protected consumers 16th birthday.(k) A consumer credit reporting agency may develop procedures involving the use of telephone, mail, fax, the Internet, internet, or other electronic media to receive and process a request for a protected consumers security freeze to be placed or removed.
1785.11.11. (a) (1) A consumer credit reporting agency shall place a security freeze for a protected consumer if any both of the following occur:(1)(A) The consumer credit reporting agency receives a request from the protected consumers representative for the placement of the security freeze pursuant to this section.(2)(B) The protected consumers representative does all of the following:(A)(i) Submits the request to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.(B)(ii) Provides to the consumer credit reporting agency sufficient proof of identification of the protected consumer and the representative.(C)(iii) Provides to the consumer credit reporting agency sufficient proof of authority to act on behalf of the protected consumer.(D)(iv) Pays to the consumer credit reporting agency a fee as authorized by subdivision (i).(3)The consumer credit reporting agency receives an inquiry from a protected consumers representative who is from a county welfare department, a county probation department, or the State Department of Social Services, pursuant to subdivision (a) of Section 10618.6 of the Welfare and Institutions Code. A fee shall not be charged to the county or the department for the freeze, pursuant to subparagraph (C) of paragraph (3) of subdivision (i).(2) If the request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting, the credit reporting agency shall deem the requirements of clauses (i) to (iii), inclusive, of subparagraph (A) of paragraph (1) to have been met if the request is verifiably from a county welfare department, a county probation department, or the State Department of Social Services, as described in subdivision (a) of Section 10618.6 of the Welfare and Institutions Code.(3) If an inquiry received pursuant to subdivision (a) of Section 10618.6 of the Welfare and Institutions Code indicates that a child who has been placed in a foster care setting has a consumer credit history, any information that appears on the protected consumer's credit report shall be promptly blocked and not reported, in the same manner as if the agency had received a police report pursuant to Section 530.5 of the Penal Code. The credit reporting agency shall also comply with subdivisions (k) and (l) of Section 1785.16, regarding the child who has been placed in a foster care setting.(b) If a consumer credit reporting agency does not have a file pertaining to a protected consumer when the consumer credit reporting agency receives a request pursuant to paragraph (1) of subdivision (a), the consumer credit reporting agency shall create a record for the protected consumer.(c) If a protected consumers representative requests a security freeze, the consumer credit reporting agency shall disclose the process for placing and removing a security freeze.(d) Within 30 days after receiving a request that meets the requirements of subdivision (a), a consumer credit reporting agency shall place a security freeze for the protected consumer. The consumer credit reporting agency shall send written confirmation of the security freeze to the address on file within 10 days of the placement of the security freeze.(e) Unless a security freeze for a protected consumer is removed pursuant to subdivision (h) or (j), a consumer credit reporting agency shall not release the protected consumers consumer credit report, any information derived from the protected consumers consumer credit report, or any record created for the protected consumer.(f) A security freeze for a protected consumer placed pursuant to this section shall remain in effect until either of the following occurs:(1) The protected consumer or the protected consumers representative requests that the consumer credit reporting agency remove the security freeze in accordance with subdivision (h).(2) The security freeze is removed in accordance with subdivision (j).(g) To remove a security freeze, a protected consumer or a protected consumers representative shall do all of the following:(1) Submit a request for removal of the security freeze to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.(2) Provide to the consumer credit reporting agency:(A) If the request is made by the protected consumer:(i) Proof that the sufficient proof of authority for the protected consumers representative to act on behalf of the protected consumer is no longer valid, they have been emancipated, or they are 16 years of age or older.(ii) Sufficient proof of identification of the protected consumer.(B) If the request is made by the representative of a protected consumer:(i) Sufficient proof of identification of the protected consumer and the representative.(ii) Sufficient proof of authority to act on behalf of the protected consumer.(3) Pay to the consumer credit reporting agency a fee as authorized by subdivision (i).(h) Within 30 days after receiving a request that meets the requirements of subdivision (g), a consumer credit reporting agency shall remove a security freeze for a protected consumer.(i) (1) Except as provided in paragraph (2), a consumer credit reporting agency may not charge a fee for any service performed pursuant to this section.(2) A consumer credit reporting agency is authorized to charge a reasonable fee, not exceeding ten dollars ($10), for each placement or removal of a security freeze for a protected consumer.(3) Notwithstanding paragraph (2), a consumer credit reporting agency shall not charge any fee pursuant to this section under any of the following circumstances:(A) The protected consumers representative has received a report of alleged identity theft against the protected consumer under Section 530.5 of the Penal Code and has provided copy of the report to the consumer credit reporting agency.(B) The request for the placement or removal of a security freeze is for a protected consumer who is under 16 years of age at the time of the request and the consumer credit reporting agency has a report pertaining to the protected consumer.(C) The request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting.(j) (1) A consumer credit reporting agency is authorized to remove a security freeze for a protected consumer or to delete a record of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumers representative.(2) (A) With respect to a protected consumer who has been placed in a foster care setting, the freeze shall automatically expire on the consumers 18th birthday unless the consumer, either directly or through their representative, instructs the agency to maintain the freeze beyond that date.(B) Notwithstanding subparagraph (A), a freeze may be removed upon the request of the representative of protected consumer who has been placed in a foster care setting after the protected consumers 16th birthday.(k) A consumer credit reporting agency may develop procedures involving the use of telephone, mail, fax, the Internet, internet, or other electronic media to receive and process a request for a protected consumers security freeze to be placed or removed.
1785.11.11. (a) (1) A consumer credit reporting agency shall place a security freeze for a protected consumer if any both of the following occur:(1)(A) The consumer credit reporting agency receives a request from the protected consumers representative for the placement of the security freeze pursuant to this section.(2)(B) The protected consumers representative does all of the following:(A)(i) Submits the request to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.(B)(ii) Provides to the consumer credit reporting agency sufficient proof of identification of the protected consumer and the representative.(C)(iii) Provides to the consumer credit reporting agency sufficient proof of authority to act on behalf of the protected consumer.(D)(iv) Pays to the consumer credit reporting agency a fee as authorized by subdivision (i).(3)The consumer credit reporting agency receives an inquiry from a protected consumers representative who is from a county welfare department, a county probation department, or the State Department of Social Services, pursuant to subdivision (a) of Section 10618.6 of the Welfare and Institutions Code. A fee shall not be charged to the county or the department for the freeze, pursuant to subparagraph (C) of paragraph (3) of subdivision (i).(2) If the request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting, the credit reporting agency shall deem the requirements of clauses (i) to (iii), inclusive, of subparagraph (A) of paragraph (1) to have been met if the request is verifiably from a county welfare department, a county probation department, or the State Department of Social Services, as described in subdivision (a) of Section 10618.6 of the Welfare and Institutions Code.(3) If an inquiry received pursuant to subdivision (a) of Section 10618.6 of the Welfare and Institutions Code indicates that a child who has been placed in a foster care setting has a consumer credit history, any information that appears on the protected consumer's credit report shall be promptly blocked and not reported, in the same manner as if the agency had received a police report pursuant to Section 530.5 of the Penal Code. The credit reporting agency shall also comply with subdivisions (k) and (l) of Section 1785.16, regarding the child who has been placed in a foster care setting.(b) If a consumer credit reporting agency does not have a file pertaining to a protected consumer when the consumer credit reporting agency receives a request pursuant to paragraph (1) of subdivision (a), the consumer credit reporting agency shall create a record for the protected consumer.(c) If a protected consumers representative requests a security freeze, the consumer credit reporting agency shall disclose the process for placing and removing a security freeze.(d) Within 30 days after receiving a request that meets the requirements of subdivision (a), a consumer credit reporting agency shall place a security freeze for the protected consumer. The consumer credit reporting agency shall send written confirmation of the security freeze to the address on file within 10 days of the placement of the security freeze.(e) Unless a security freeze for a protected consumer is removed pursuant to subdivision (h) or (j), a consumer credit reporting agency shall not release the protected consumers consumer credit report, any information derived from the protected consumers consumer credit report, or any record created for the protected consumer.(f) A security freeze for a protected consumer placed pursuant to this section shall remain in effect until either of the following occurs:(1) The protected consumer or the protected consumers representative requests that the consumer credit reporting agency remove the security freeze in accordance with subdivision (h).(2) The security freeze is removed in accordance with subdivision (j).(g) To remove a security freeze, a protected consumer or a protected consumers representative shall do all of the following:(1) Submit a request for removal of the security freeze to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.(2) Provide to the consumer credit reporting agency:(A) If the request is made by the protected consumer:(i) Proof that the sufficient proof of authority for the protected consumers representative to act on behalf of the protected consumer is no longer valid, they have been emancipated, or they are 16 years of age or older.(ii) Sufficient proof of identification of the protected consumer.(B) If the request is made by the representative of a protected consumer:(i) Sufficient proof of identification of the protected consumer and the representative.(ii) Sufficient proof of authority to act on behalf of the protected consumer.(3) Pay to the consumer credit reporting agency a fee as authorized by subdivision (i).(h) Within 30 days after receiving a request that meets the requirements of subdivision (g), a consumer credit reporting agency shall remove a security freeze for a protected consumer.(i) (1) Except as provided in paragraph (2), a consumer credit reporting agency may not charge a fee for any service performed pursuant to this section.(2) A consumer credit reporting agency is authorized to charge a reasonable fee, not exceeding ten dollars ($10), for each placement or removal of a security freeze for a protected consumer.(3) Notwithstanding paragraph (2), a consumer credit reporting agency shall not charge any fee pursuant to this section under any of the following circumstances:(A) The protected consumers representative has received a report of alleged identity theft against the protected consumer under Section 530.5 of the Penal Code and has provided copy of the report to the consumer credit reporting agency.(B) The request for the placement or removal of a security freeze is for a protected consumer who is under 16 years of age at the time of the request and the consumer credit reporting agency has a report pertaining to the protected consumer.(C) The request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting.(j) (1) A consumer credit reporting agency is authorized to remove a security freeze for a protected consumer or to delete a record of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumers representative.(2) (A) With respect to a protected consumer who has been placed in a foster care setting, the freeze shall automatically expire on the consumers 18th birthday unless the consumer, either directly or through their representative, instructs the agency to maintain the freeze beyond that date.(B) Notwithstanding subparagraph (A), a freeze may be removed upon the request of the representative of protected consumer who has been placed in a foster care setting after the protected consumers 16th birthday.(k) A consumer credit reporting agency may develop procedures involving the use of telephone, mail, fax, the Internet, internet, or other electronic media to receive and process a request for a protected consumers security freeze to be placed or removed.
1785.11.11. (a) (1) A consumer credit reporting agency shall place a security freeze for a protected consumer if any both of the following occur:
(1)
(A) The consumer credit reporting agency receives a request from the protected consumers representative for the placement of the security freeze pursuant to this section.
(2)
(B) The protected consumers representative does all of the following:
(A)
(i) Submits the request to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.
(B)
(ii) Provides to the consumer credit reporting agency sufficient proof of identification of the protected consumer and the representative.
(C)
(iii) Provides to the consumer credit reporting agency sufficient proof of authority to act on behalf of the protected consumer.
(D)
(iv) Pays to the consumer credit reporting agency a fee as authorized by subdivision (i).
(3)The consumer credit reporting agency receives an inquiry from a protected consumers representative who is from a county welfare department, a county probation department, or the State Department of Social Services, pursuant to subdivision (a) of Section 10618.6 of the Welfare and Institutions Code. A fee shall not be charged to the county or the department for the freeze, pursuant to subparagraph (C) of paragraph (3) of subdivision (i).
(2) If the request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting, the credit reporting agency shall deem the requirements of clauses (i) to (iii), inclusive, of subparagraph (A) of paragraph (1) to have been met if the request is verifiably from a county welfare department, a county probation department, or the State Department of Social Services, as described in subdivision (a) of Section 10618.6 of the Welfare and Institutions Code.
(3) If an inquiry received pursuant to subdivision (a) of Section 10618.6 of the Welfare and Institutions Code indicates that a child who has been placed in a foster care setting has a consumer credit history, any information that appears on the protected consumer's credit report shall be promptly blocked and not reported, in the same manner as if the agency had received a police report pursuant to Section 530.5 of the Penal Code. The credit reporting agency shall also comply with subdivisions (k) and (l) of Section 1785.16, regarding the child who has been placed in a foster care setting.
(b) If a consumer credit reporting agency does not have a file pertaining to a protected consumer when the consumer credit reporting agency receives a request pursuant to paragraph (1) of subdivision (a), the consumer credit reporting agency shall create a record for the protected consumer.
(c) If a protected consumers representative requests a security freeze, the consumer credit reporting agency shall disclose the process for placing and removing a security freeze.
(d) Within 30 days after receiving a request that meets the requirements of subdivision (a), a consumer credit reporting agency shall place a security freeze for the protected consumer. The consumer credit reporting agency shall send written confirmation of the security freeze to the address on file within 10 days of the placement of the security freeze.
(e) Unless a security freeze for a protected consumer is removed pursuant to subdivision (h) or (j), a consumer credit reporting agency shall not release the protected consumers consumer credit report, any information derived from the protected consumers consumer credit report, or any record created for the protected consumer.
(f) A security freeze for a protected consumer placed pursuant to this section shall remain in effect until either of the following occurs:
(1) The protected consumer or the protected consumers representative requests that the consumer credit reporting agency remove the security freeze in accordance with subdivision (h).
(2) The security freeze is removed in accordance with subdivision (j).
(g) To remove a security freeze, a protected consumer or a protected consumers representative shall do all of the following:
(1) Submit a request for removal of the security freeze to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.
(2) Provide to the consumer credit reporting agency:
(A) If the request is made by the protected consumer:
(i) Proof that the sufficient proof of authority for the protected consumers representative to act on behalf of the protected consumer is no longer valid, they have been emancipated, or they are 16 years of age or older.
(ii) Sufficient proof of identification of the protected consumer.
(B) If the request is made by the representative of a protected consumer:
(i) Sufficient proof of identification of the protected consumer and the representative.
(ii) Sufficient proof of authority to act on behalf of the protected consumer.
(3) Pay to the consumer credit reporting agency a fee as authorized by subdivision (i).
(h) Within 30 days after receiving a request that meets the requirements of subdivision (g), a consumer credit reporting agency shall remove a security freeze for a protected consumer.
(i) (1) Except as provided in paragraph (2), a consumer credit reporting agency may not charge a fee for any service performed pursuant to this section.
(2) A consumer credit reporting agency is authorized to charge a reasonable fee, not exceeding ten dollars ($10), for each placement or removal of a security freeze for a protected consumer.
(3) Notwithstanding paragraph (2), a consumer credit reporting agency shall not charge any fee pursuant to this section under any of the following circumstances:
(A) The protected consumers representative has received a report of alleged identity theft against the protected consumer under Section 530.5 of the Penal Code and has provided copy of the report to the consumer credit reporting agency.
(B) The request for the placement or removal of a security freeze is for a protected consumer who is under 16 years of age at the time of the request and the consumer credit reporting agency has a report pertaining to the protected consumer.
(C) The request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting.
(j) (1) A consumer credit reporting agency is authorized to remove a security freeze for a protected consumer or to delete a record of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumers representative.
(2) (A) With respect to a protected consumer who has been placed in a foster care setting, the freeze shall automatically expire on the consumers 18th birthday unless the consumer, either directly or through their representative, instructs the agency to maintain the freeze beyond that date.
(B) Notwithstanding subparagraph (A), a freeze may be removed upon the request of the representative of protected consumer who has been placed in a foster care setting after the protected consumers 16th birthday.
(k) A consumer credit reporting agency may develop procedures involving the use of telephone, mail, fax, the Internet, internet, or other electronic media to receive and process a request for a protected consumers security freeze to be placed or removed.
(a)(1)When a child in a foster care placement reaches their 14th birthday, and each year thereafter, while the child is under the jurisdiction of the juvenile court, the county welfare department, county probation department, or, if an automated process is available, the State Department of Social Services, shall inquire of each of the three major credit reporting agencies as to whether the child has any consumer credit history.
(2)If the State Department of Social Services makes the inquiry, it shall notify the county welfare department or county probation department in the county having jurisdiction over the child of the results of that inquiry.
(3)Pursuant to the federal Child and Family Services Improvement and Innovation Act (Public Law 112-34) and the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.), if an inquiry performed pursuant to this subdivision indicates that a child has a consumer credit history with any major credit reporting agency, the responsible county welfare department or county probation department shall request a consumer credit report from that credit reporting agency.
(b)For a nonminor dependent, the county welfare department or county probation department shall assist the young adult, on a yearly basis while the nonminor dependent is under the jurisdiction of the juvenile court, with requesting the consumer credit report from each of the three major credit reporting agencies, pursuant to the free annual disclosure provision of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.).
(c)(1)The county social worker or county probation officer shall ensure that the child or nonminor dependent receives assistance with interpreting the consumer credit report and resolving any inaccuracies. The assistance shall include, but is not limited to, referring the youth to a governmental or nonprofit agency that provides consumer credit services, and verifying that the child has in fact availed themself of those services, pursuant to subparagraph (C) of paragraph (5) of subdivision (b) of Section 391. This section does not require the social worker or probation officer to be the individual providing the direct assistance with interpreting the consumer credit disclosure or resolving the inaccuracies.
(2)If a credit freeze is placed pursuant to paragraph (3) of subdivision (a) of Section 1785.11.11 of the Civil Code, it shall be removed upon the childs request if the child is 16 years of age or older, or upon a determination by the responsible department after notifying the childs counsel that removal of the security freeze is in the best interest of the child.
(d)Notwithstanding any other law, in order to make an inquiry or to request a consumer credit report for youth pursuant to this section, the county welfare department, county probation department, or, if an automated process is available, the State Department of Social Services may release necessary information to a credit reporting agency.
(e)No later than February 1, 2016, the State Department of Social Services shall provide information to the Assembly Committee on Budget, the Senate Budget and Fiscal Review Committee, and the appropriate legislative policy committees regarding the implementation of this section, including, but not limited to, any state and county barriers to obtaining credit reports as required by the federal Child and Family Services Improvement and Innovation Act (Public Law 112-34).
To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.
SEC. 2. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 2. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 2. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
### SEC. 2.