CA AB 2935

Title: Foster children: consumer credit reports.
Author: Brian K. Maienschein

Summary
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 consumer’s representative for the placement of a security freeze, as specified, or if the protected consumer’s 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 consumer’s 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 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 consumer’s 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 consumer’s 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 consumer’s 16th birthday.

Status
Re-referred to Com. on B. & F.

Bill Documents
CA AB 2935 - 04/01/24 - Amended Assembly
04/01/24 - CA AB 2935 (04/01/24 - Amended Assembly)