Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, the duties of the State Registrar relating to the uniform administration of provisions relating to vital records and health statistics. Existing law requires the State Registrar, local registrar, or county recorder to, upon request and payment of the required fee, supply to an applicant a certified copy of the record of a birth, fetal death, death, marriage, or marriage dissolution registered with the official.

This bill would require each local registrar or county recorder to issue, without a fee, a certified record of live birth to any person who demonstrates that he or she is a youth who has been placed in foster care, as defined. The bill would authorize the youth, or any person who is lawfully entitled to request that record on behalf of a youth placed in foster care, to make that request. The bill would require a county welfare agency that has relevant knowledge regarding the youth to verify that the youth has been placed in foster care for purposes of these provisions. The bill would also require the department to develop an affidavit attesting to an applicants status as a youth placed in foster care and the completed affidavit, as described, would be deemed sufficient verification for these purposes. The bill would prohibit charging a person applying for a certified record of live birth a fee for verification of his or her eligibility. These provisions would become operative on July 1, 2019. By imposing a higher level of service on county employees, 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.

Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, the duties of the State Registrar relating to the uniform administration of provisions relating to vital records and health statistics. Existing law requires the State Registrar, local registrar, or county recorder to, upon request and payment of the required fee, supply to an applicant a certified copy of the record of a birth, fetal death, death, marriage, or marriage dissolution registered with the official.

This bill would require each local registrar or county recorder to issue, without a fee, a certified record of live birth to any person who demonstrates that he or she is a youth who has been placed in foster care, as defined. The bill would authorize the youth, or any person who is lawfully entitled to request that record on behalf of a youth placed in foster care, to make that request. The bill would require a county welfare agency that has relevant knowledge regarding the youth to verify that the youth has been placed in foster care for purposes of these provisions. The bill would also require the department to develop an affidavit attesting to an applicants status as a youth placed in foster care and the completed affidavit, as described, would be deemed sufficient verification for these purposes. The bill would prohibit charging a person applying for a certified record of live birth a fee for verification of his or her eligibility. These provisions would become operative on July 1, 2019. By imposing a higher level of service on county employees, 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.

Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, the duties of the State Registrar relating to the uniform administration of provisions relating to vital records and health statistics. Existing law requires the State Registrar, local registrar, or county recorder to, upon request and payment of the required fee, supply to an applicant a certified copy of the record of a birth, fetal death, death, marriage, or marriage dissolution registered with the official. Existing law makes it a misdemeanor to furnish false information affecting a certificate or record that is required by those provisions, and makes it a misdemeanor to falsify any record that is established by those provisions.

This bill would require, on or before July 1, 2019, require each local registrar or county recorder to issue, without a fee, a certified record of live birth to any person who demonstrates that he or she is a youth who has been placed in foster care, as defined. The bill would authorize the youth, or any person who is lawfully entitled to request that record on behalf of a youth placed in foster care, to make that request. The bill would require a county welfare agency that has relevant knowledge regarding the youth to verify that the youth has been placed in foster care for purposes of these provisions. The bill would also require the department to develop an affidavit attesting to an applicants status as a youth placed in foster care and the completed affidavit, as described, would be deemed sufficient verification for these purposes. The bill would prohibit charging a person applying for a certified record of live birth a fee for verification of his or her eligibility. These provisions would become operative on July 1, 2019. By imposing a higher level of service on county employees, and by expanding the scope of the crimes described above, 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.

Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, the duties of the State Registrar relating to the uniform administration of provisions relating to vital records and health statistics. Existing law requires the State Registrar, local registrar, or county recorder to, upon request and payment of the required fee, supply to an applicant a certified copy of the record of a birth, fetal death, death, marriage, or marriage dissolution registered with the official. Existing law makes it a misdemeanor to furnish false information affecting a certificate or record that is required by those provisions, and makes it a misdemeanor to falsify any record that is established by those provisions.

This bill would require, on or before July 1, 2019, each local registrar or county recorder to issue, without a fee, a certified record of live birth to any person who demonstrates that he or she is a youth who has been placed in foster care, as defined. The bill would authorize the youth, or any person who is lawfully entitled to request that record on behalf of a youth placed in foster care, to make that request. The bill would require a county welfare agency that has relevant knowledge regarding the youth to verify that the youth has been placed in foster care for purposes of these provisions. The bill would also require the department to develop an affidavit attesting to an applicants status as a youth placed in foster care and the completed affidavit, as described, would be deemed sufficient verification for these purposes. The bill would prohibit charging a person applying for a certified record of live birth a fee for verification of his or her eligibility. By imposing a higher level of service on county employees, and by expanding the scope of the crimes described above, the bill would impose a state-mandated local program.

Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, the duties as of the State Registrar relating to the uniform administration of provisions relating to vital records and health statistics. Existing law requires the State Registrar, local registrar, or county recorder to, upon request and payment of the required fee, supply to an applicant a certified copy of the record of a birth, fetal death, death, marriage, or marriage dissolution registered with the official.

This bill would require require, on or before July 1, 2019, each local registrar or county recorder to issue, without a fee, a certified record of live birth to any person who demonstrates that he or she is a youth living who has been placed in foster care, as defined. The bill would require a county social services provider who welfare agency that has relevant knowledge regarding the youth to verify that the youth is living has been placed in foster care for purposes of these provisions. By imposing a higher level of service on county employees, 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.

Existing law specifies that the terms of probation granted to a person who has been convicted of domestic violence are required to include, among other things, successful completion of a batterers program, as defined, or, if none is available, another appropriate counseling program designated by the court, for a period of not less than one year. For defendants who are chronic users or serious abusers of drugs or alcohol, existing law requires that standard components in the program include concurrent counseling for substance abuse and violent behavior, and, in appropriate cases, detoxification and abstinence from the abused substance. Under existing law, the probation department has the sole authority to approve a batterers program for probation, subject to specified criteria that the batterers program is required to meet.

Existing law specifies that the terms of probation granted to a person who has been convicted of domestic violence are required to include, among other things, successful completion of a batterers program, as defined, or, if none is available, another appropriate counseling program designated by the court, for a period of not less than one year. For defendants who are chronic users or serious abusers of drugs or alcohol, existing law requires that standard components in the program include concurrent counseling for substance abuse and violent behavior, and, in appropriate cases, detoxification and abstinence from the abused substance.

Existing law authorizes, in addition to, and not in lieu of, the batterers program, and unless prohibited by the referring court, the probation department or the court to make provisions for a defendant to use his or her resources to enroll in a chemical dependency program or to enter voluntarily a licensed chemical dependency recovery hospital or residential treatment program, as specified.

This bill would state the intent of the Legislature to enact legislation that would remove the conflation of alcohol or substance abuse treatment with a batterers program.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2967

Author:(Quirk-Silva)

As Amended Ver:August 24, 2018

Majority vote

Original Committee Reference: HEALTH

SUMMARY: Requires each local registrar or county recorder to issue a certified record of live birth without a fee to any person who demonstrates that he or she is a youth who has been placed in foster care. Requires a county welfare agency that has relevant knowledge regarding the youth to verify that the youth has been placed in foster care.

The Senate amendments require the Department of Public Health (DPH) to develop an affidavit attesting to an applicant's status as a youth place in foster care, limit the number of certified records of live birth to one per eligible youth placed in foster care, and requires all provision to become operative on July 1, 2019.

FISCAL EFFECT: According to the Senate Appropriations Committee:

1. Indeterminate impact (up to $393,000 General Fund in fiscal year 2018-19 and $348,000 General Fund annually thereafter) for the Department of Social Services administrative workload to verify the status of former foster youth after a county has referred the case to the state and to develop notifications to the counties and Tribes related to policy instruction. Staff notes a degree of uncertainty with potential administrative workload to process requests, as it is unclear the volume of requests that would occur. Typically, an emancipated youth will receive a copy of all vital records and documentation at age 18. This bill would be in addition to the paperwork the youth may have already received at emancipation, so the volume of requests may be lower than expected. Minor and absorbable costs to DPH to develop and implement an affidavit for youth in foster care to obtain a certificate of live birth at no cost (Health Statistics Special Fund).
2. Minor and absorbable costs for DPH to develop and implement an affidavit for youth in foster care to obtain a certificate of live birth at no costs. The department estimates it taking approximately five months to develop the specified affidavit.
3. Potential loss revenue to fee-supported special funds (see table below) to DPH. These funds would no longer receive the statutorily mandated fee allocation from the counties for certificate sales.

COMMENTS: According to the author, the purpose of this bill is to provide foster youth with a means of obtaining identification with the assistance of social workers knowledgeable of their situation and to address interruptions to vital services caused by lack of identification. The author concludes that this bill will help to get foster youth on track for training or employment otherwise made impossible without the prerequisite identification.

The purpose of California's Child Welfare Services (CWS) system is to protect children from abuse and neglect and provide for their health and safety. When children are identified as being at risk of abuse, neglect, or abandonment, county juvenile courts hold legal jurisdiction and children are served by the CWS system through the appointment of a social worker. Through this system, there are multiple opportunities for the custody of the child, or his or her placement outside of the home, to be evaluated, reviewed and determined by the judicial system, in consultation with the child's social worker, to help provide the best possible services to the child. The CWS system seeks to help children who have been removed from their homes reunify with their parents or guardians, whenever appropriate, or unite them with other individuals they consider to be family. There are currently close to 60,000 children in California's child welfare system.

Health officers of local health departments serve as the local registrars for their respective health jurisdiction, and perform all the duties of a local registrar of births and deaths. Local registrars and county recorders only issue birth certificates for individuals born in their respective jurisdiction. It is important to note, that if an individual is unaware of which county they were born in, the only option for receiving a birth certificate is to request a birth certificate from the State Registrar. Currently, there is no process in place that allows foster youth to access their birth certificate, without a fee, from the State Registrar. The base fee for a copy of a birth certificate is $12. Counties are allowed to raise the fee to cover the costs of modernizing vital record operations and improving the collection and analysis of health related birth and death certificate information. Costs vary from county to county with the average cost to receive a copy of a birth certificate ranging from $23 to $28. The fee for a certified copy of a birth certificate could be a significant barrier to a youth placed in foster care living on a budget with often times little to no surplus income.

When foster youth emancipate from the CWS system, they are provided access to all of the information they would otherwise need as adults who had not been in the system, such as health and educational records. Whereas many children's parents maintain their child's health and educational records and provide guidance as to how and when to utilize these records, foster youth do not have that regular parental support. In an effort to ensure former foster youth are better prepared to face the challenges of adulthood, the Legislature has passed a number of laws which require that specified information, documents, and services are available to foster youth prior to emancipation from the dependency system, which traditionally occurs at 18 years of age.

Analysis Prepared by: Monica Montano / HEALTH / (916) 319-2097 FN: 0005153

 THIRD READING  

Bill No: AB 2967

Author:

Amended: 8/24/18 in Senate

Vote:

SENATE HEALTH COMMITTEE: 8-0, 6/20/18

AYES: Pan, Nguyen, Beall, Hernandez, Leyva, Mitchell, Monning, Roth

NO VOTE RECORDED: Nielsen

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/16/18

AYES: Portantino, Bates, Beall, Bradford, Hill, Nielsen, Wiener

ASSEMBLY FLOOR: 78-0, 5/29/18 (Consent) - See last page for vote

SUBJECT: Foster care: certified record of live birth

SOURCE: Author

DIGEST:

This bill requires local registrars or county recorders to, without a fee, issue a certified record of live birth to any person who demonstrates that he or she is a foster care youth.

Senate Floor Amendments of 8/24/18 make technical, clarifying changes.

ANALYSIS:

Existing law:

1. Requires the State Registrar, local registrar, or county recorder, upon request and payment of a fee, to supply an applicant with a certified copy of the record of a birth, fetal death, death, marriage, or marriage dissolution registered with the official. [HSC §103525]
2. Permits the State Registrar, local registrar, or county recorder, if he/she receives a written, faxed, electronic, or digitized image of a request for a certified copy of a birth, death, or marriage record accompanied by a notarized statement sworn under penalty of perjury, an electronic verification of identity accompanied by an electronic statement sworn under penalty of perjury, or a faxed copy or digitized image of a notarized statement sworn under penalty of perjury, that the applicant is an “authorized person,” to furnish a certified copy to the applicant. [HSC §103526 (a)]
3. Requires the birth, death, or nonconfidential marriage record provided to an applicant to be an informational certified copy and which displays a legend that states “INFORMATIONAL, NOT A VALID DOCUMENT TO ESTABLISH IDENTITY” if the applicant is not an authorized person or is an authorized person who is unable to satisfy the requirements of 2) above. [HSC §103526 (b)]
4. Requires local registrars and county recorders to issue a certified record of live birth without a fee to any person who can verify his or her status as a homeless person. Requires a homeless services provider that has knowledge of a person’s housing status to verify that status for the purposes of applying for a certified record of live birth. Requires a request for a certified record of live birth to be made by a homeless person on behalf of themselves, or by any person lawfully entitled to request a certified record of live birth on behalf of a child, if the child has been verified as homeless. Prohibits a homeless person applying for a certified record of live birth from being charged a fee for verification of his or her eligibility. [HSC §103577]

This bill:

1. Requires local registrars or county recorders, on or before July 1, 2019, without a fee, to issue a certified record of live birth to any person who demonstrates that he or she is a youth who has been placed in foster care.
2. Requires a county welfare agency that has relevant knowledge regarding the youth to verify that the youth has been placed in foster care for purposes of this bill.
3. Prohibits a certificate issued pursuant to this bill from containing a stamp indicating that the certified record is for government use only.
4. Requires a request for a certified record of live birth made pursuant to this bill be made by a youth who has been placed in foster care, on his or her own behalf, or by any person who is lawfully entitled to request a certified record of live birth on behalf of a youth placed in foster care. Entitles a person applying for a certified record of live birth to one record per application for each eligible person. Makes a completed affidavit sufficient verification that a person is a youth placed in foster care. Prohibits a person applying for a certified record of live birth to be charged a fee for verification of his or her eligibility.
5. Requires the Department of Public Health (DPH) to develop an affidavit attesting to an applicant’s status as a youth placed in foster care. Prohibits the affidavit from being deemed complete unless it is signed by both the person making a request and a county welfare agency that has relevant knowledge regarding the youth to verify that the youth has been placed in foster care.
6. Permits DPH to implement and administer this bill through an all-county letter or similar instructions from the director or State Registrar without taking regulatory action.

Comments

1. Author’s statement. According to the author, the purpose of this bill is to provide foster youth with a means of obtaining identification with the assistance of social workers knowledgeable of their situation and address interruptions to vital services caused by lack of identification, as well as get them on track for training or employment otherwise made impossible without the prerequisite identification
2. Vital records. DPH’s Vital Records Registration Branch (VRRB) is charged with maintaining a uniform, comprehensive, and continuous index for all birth, death, fetal death, and marriage vital events which occur in California, of which there are over one million each year. Certified copies of vital records are available from DPH, 58 county recorders, and 61 local health jurisdictions. DPH maintains, and can provide, birth and death records from 1905 to the present. At the local level, birth and death records for current-year events and one year prior are available from the county health department; records for all years are maintained by the county recorder. The base fee for a copy of a birth certificate is $12 and counties are allowed to raise the fee to cover the costs of modernizing vital record operations and improving the collection and analysis of health related birth and death certificate information. Costs vary from county to county with the average cost to receive a copy of a birth certificate ranging from $23 to $28.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

• Indeterminate impact (up to $393,000 General Fund in fiscal year 2018-19 and $348,000 General Fund annually thereafter) for the Department of Social Services administrative workload to verify the status of former foster youth after a county has referred the case to the state and to develop notifications to the counties and Tribes related to policy instruction. Staff notes a degree of uncertainty with potential administrative workload to process requests, as it is unclear the volume of requests that would occur. Typically, an emancipated youth will receive a copy of all vital records and documentation at age 18. This bill would be in addition to the paperwork the youth may have already received at emancipation, so the volume of requests may be lower than expected.
• Minor and absorbable costs for DPH to develop and implement an affidavit for youth in foster care to obtain a certificate of live birth at no costs. DPH estimates it taking approximately five months to develop the specified affidavit.
• Potential loss revenue to fee-supported special funds (see table below) to DPH. These funds would no longer receive the statutorily mandated fee allocation from the counties for certificate sales.

SUPPORT: (Verified 8/27/18)

None received

OPPOSITION: (Verified 8/27/18)

None received

ASSEMBLY FLOOR: 78-0, 5/29/18

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

Prepared by:

8/27/18 19:37:46

**** END ****

 THIRD READING  

Bill No: AB 2967

Author:

:

Vote:

SENATE HEALTH COMMITTEE: 8-0, 6/20/18

AYES: Pan, Nguyen, Beall, Hernandez, Leyva, Mitchell, Monning, Roth

NO VOTE RECORDED: Nielsen

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/16/18

AYES: Portantino, Bates, Beall, Bradford, Hill, Nielsen, Wiener

ASSEMBLY FLOOR: 78-0, 5/29/18 (Consent) - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill requires local registrars or county recorders to, without a fee, issue a certified record of live birth to any person who demonstrates that he or she is a foster care youth.

ANALYSIS:

Existing law:

1. Requires the State Registrar, local registrar, or county recorder, upon request and payment of a fee, to supply an applicant with a certified copy of the record of a birth, fetal death, death, marriage, or marriage dissolution registered with the official. [HSC §103525]
2. Permits the State Registrar, local registrar, or county recorder, if he/she receives a written, faxed, electronic, or digitized image of a request for a certified copy of a birth, death, or marriage record accompanied by a notarized statement sworn under penalty of perjury, an electronic verification of identity accompanied by an electronic statement sworn under penalty of perjury, or a faxed copy or digitized image of a notarized statement sworn under penalty of perjury, that the applicant is an “authorized person,” to furnish a certified copy to the applicant. [HSC §103526 (a)]
3. Requires the birth, death, or nonconfidential marriage record provided to an applicant to be an informational certified copy and which displays a legend that states “INFORMATIONAL, NOT A VALID DOCUMENT TO ESTABLISH IDENTITY” if the applicant is not an authorized person or is an authorized person who is unable to satisfy the requirements of 2) above. [HSC §103526 (b)]
4. Requires local registrars and county recorders to issue a certified record of live birth without a fee to any person who can verify his or her status as a homeless person. Requires a homeless services provider that has knowledge of a person’s housing status to verify that status for the purposes of applying for a certified record of live birth. Requires a request for a certified record of live birth to be made by a homeless person on behalf of themselves, or by any person lawfully entitled to request a certified record of live birth on behalf of a child, if the child has been verified as homeless. Prohibits a homeless person applying for a certified record of live birth from being charged a fee for verification of his or her eligibility. [HSC §103577]

This bill:

1. Requires local registrars or county recorders, on or before July 1, 2019, without a fee, to issue a certified record of live birth to any person who demonstrates that he or she is a youth who has been placed in foster care.
2. Requires a county welfare agency that has relevant knowledge regarding the youth to verify that the youth has been placed in foster care for purposes of this bill.
3. Prohibits a certificate issued pursuant to this bill from containing a stamp indicating that the certified record is for government use only.
4. Requires a request for a certified record of live birth made pursuant to this bill be made by a youth who has been placed in foster care, on his or her own behalf, or by any person who is lawfully entitled to request a certified record of live birth on behalf of a youth placed in foster care. Entitles a person applying for a certified record of live birth to one record per application for each eligible person. Makes a completed affidavit sufficient verification that a person is a youth placed in foster care. Prohibits a person applying for a certified record of live birth to be charged a fee for verification of his or her eligibility.
5. Requires the Department of Public Health (DPH) to develop an affidavit attesting to an applicant’s status as a youth placed in foster care. Prohibits the affidavit from being deemed complete unless it is signed by both the person making a request and a county welfare agency that has relevant knowledge regarding the youth to verify that the youth has been placed in foster care.
6. Permits DPH to implement and administer this bill through an all-county letter or similar instructions from the director or State Registrar without taking regulatory action.

Comments

1. Author’s statement. According to the author, the purpose of this bill is to provide foster youth with a means of obtaining identification with the assistance of social workers knowledgeable of their situation and address interruptions to vital services caused by lack of identification, as well as get them on track for training or employment otherwise made impossible without the prerequisite identification
2. Vital records. DPH’s Vital Records Registration Branch (VRRB) is charged with maintaining a uniform, comprehensive, and continuous index for all birth, death, fetal death, and marriage vital events which occur in California, of which there are over one million each year. Certified copies of vital records are available from DPH, 58 county recorders, and 61 local health jurisdictions. DPH maintains, and can provide, birth and death records from 1905 to the present. At the local level, birth and death records for current-year events and one year prior are available from the county health department; records for all years are maintained by the county recorder. The base fee for a copy of a birth certificate is $12 and counties are allowed to raise the fee to cover the costs of modernizing vital record operations and improving the collection and analysis of health related birth and death certificate information. Costs vary from county to county with the average cost to receive a copy of a birth certificate ranging from $23 to $28.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

• Indeterminate impact (up to $393,000 General Fund in fiscal year 2018-19 and $348,000 General Fund annually thereafter) for the Department of Social Services administrative workload to verify the status of former foster youth after a county has referred the case to the state and to develop notifications to the counties and Tribes related to policy instruction. Staff notes a degree of uncertainty with potential administrative workload to process requests, as it is unclear the volume of requests that would occur. Typically, an emancipated youth will receive a copy of all vital records and documentation at age 18. This bill would be in addition to the paperwork the youth may have already received at emancipation, so the volume of requests may be lower than expected.
• Minor and absorbable costs for DPH to develop and implement an affidavit for youth in foster care to obtain a certificate of live birth at no costs. DPH estimates it taking approximately five months to develop the specified affidavit.
• Potential loss revenue to fee-supported special funds (see table below) to DPH. These funds would no longer receive the statutorily mandated fee allocation from the counties for certificate sales.

SUPPORT: (Verified 8/15/18)

None received

OPPOSITION: (Verified 8/15/18)

None received

ASSEMBLY FLOOR: 78-0, 5/29/18

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

Prepared by:

8/18/18 13:09:37

**** END ****

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 2967 (Quirk-Silva) - Foster care: certified record of live birth

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

Requires a local registrar or county recorder, on or before July 1, 2019, to, without a fee, issue a certified record of live birth to any person who demonstrates that he or she is a youth who has been placed in foster care, as defined. A county welfare agency that has relevant knowledge regarding the youth must verify that the youth has been placed in foster care for purposes of this section.

Fiscal Impact:

• Indeterminate impact (up to $393,000 General Fund in fiscal year 2018-19 and $348,000 General Fund annually thereafter) for the Department of Social Services administrative workload to verify the status of former foster youth after a county has referred the case to the state and to develop notifications to the counties and Tribes related to policy instruction. Staff notes a degree of uncertainty with potential administrative workload to process requests, as it is unclear the volume of requests that would occur. Typically, an emancipated youth will receive a copy of all vital records and documentation at age 18. This bill would be in addition to the paperwork the youth may have already received at emancipation, so the volume of requests may be lower than expected.
• Minor and absorbable costs for CDPH to develop and implement an affidavit for youth in foster care to obtain a certificate of live birth at no costs. The department estimates it taking approximately five months to develop the specified affidavit.
• Potential loss revenue to fee-supported special funds (see table below) to the Department of Public Health. These funds would no longer receive the statutorily mandated fee allocation from the counties for certificate sales.

For more information, please see staff comments.

Background:

1. CDPH’s Vital Records Registration Branch (VRRB) is charged with maintaining a uniform, comprehensive, and continuous index for all birth, death, fetal death, and marriage vital events which occur in California, of which there are over one million each year. Certified copies of vital records are available from DPH, 58 county recorders, and 61 local health jurisdictions. DPH maintains, and can provide, birth and death records from 1905 to the present. At the local level, birth and death records for current-year events and one year prior are available from the county health department; records for all years are maintained by the county recorder. The base fee for a copy of a birth certificate is $12 and counties are allowed to raise the fee to cover the costs of modernizing vital record operations and improving the collection and analysis of health related birth and death certificate information. Costs vary from county to county with the average cost to receive a copy of a birth certificate ranging from $23 to $28.

Counties refer cases to the Department of Social Services to verify former foster youth status. For existing foster youth, if there is a case where someone is having difficulty getting the county to provide verification, the DSS works with the county to get the foster youth the verification. In both cases, verification is completed through Child Welfare Services/Case Management System (CWS/CMS).

Proposed Law:

Assembly Bill 2967 includes the following provisions, among others:

• Requires local registrars or county recorders, on or before July 1, 2019, without a fee, to issue a certified record of live birth to any person who demonstrates that he or she is a youth who has been placed in foster care.
• Requires a county welfare agency that has relevant knowledge regarding the youth to verify that the youth has been placed in foster care for purposes of this bill.
• Requires the Department of Public Health to develop an affidavit attesting to an applicant’s status as a youth placed in foster care.
• Authorizes the department to implement the section through an all-county letter or similar instructions from the director or State Registrar without taking regulatory action.

Related Legislation:

• AB 2490 (Chiu) requires the State Registrar to issue a certified record of live birth without a fee to any person who can verify that he or she is homeless, as specified. AB 2490 is pending consideration on the Senate Appropriations Committee suspense file.
• AB 1733 (Quirk-Silva, Chapter 764, Statutes of 2014) requires local registrars or county recorders to issue a birth record without a fee to eligible homeless persons. Eligible persons must present an affidavit signed by an agent for a homeless services provider to receive a fee-exempt copy.

Staff Comments:

The DSS and CDPH shared the following assumptions to develop the fiscal estimate:

• The average number of youth who age out of foster care is approximately 6,000 per year.  Under this bill, anyone who emancipated December 31, 2018, or earlier could request this verification, anticipating a like-amount of tens of thousands.
• CDPH projects about 20,000 existing applicants and 5,000 new applicants. Of the approximately 62,000 youths in the foster system, approximately 14,400 foster youth fall within the 16-20 age range and to account for foster youth who are not in that age range.

-- END --

SENATE COMMITTEE ON HEALTH

Senator Dr. Richard Pan, Chair

BILL NO: AB 2967

SUBJECT: Foster care: certified record of live birth

SUMMARY:

Requires local registrars or county recorders to, without a fee, issue a certified record of live birth to any person who demonstrates that he or she is a foster care youth.

Existing law:

1. Requires the State Registrar, local registrar, or county recorder, upon request and payment of a fee, to supply an applicant with a certified copy of the record of a birth, fetal death, death, marriage, or marriage dissolution registered with the official. [HSC §103525]
2. Permits the State Registrar, local registrar, or county recorder, if he/she receives a written, faxed, electronic, or digitized image of a request for a certified copy of a birth, death, or marriage record accompanied by a notarized statement sworn under penalty of perjury, an electronic verification of identity accompanied by an electronic statement sworn under penalty of perjury, or a faxed copy or digitized image of a notarized statement sworn under penalty of perjury, that the applicant is an “authorized person,” to furnish a certified copy to the applicant. [HSC §103526 (a)]
3. Requires the birth, death, or nonconfidential marriage record provided to an applicant to be an informational certified copy and which displays a legend that states “INFORMATIONAL, NOT A VALID DOCUMENT TO ESTABLISH IDENTITY” if the applicant is not an authorized person or is an authorized person who is unable to satisfy the requirements of 2) above. [HSC §103526 (b)]
4. Requires local registrars and county recorders to issue a certified record of live birth without a fee to any person who can verify his or her status as a homeless person. Requires a homeless services provider that has knowledge of a person’s housing status to verify that status for the purposes of applying for a certified record of live birth. Requires a request for a certified record of live birth to be made by a homeless person on behalf of themselves, or by any person lawfully entitled to request a certified record of live birth on behalf of a child, if the child has been verified as homeless. Prohibits a homeless person applying for a certified record of live birth from being charged a fee for verification of his or her eligibility. [HSC §103577]

This bill:

1. Requires local registrars or county recorders, on or before July 1, 2019, without a fee, to issue a certified record of live birth to any person who demonstrates that he or she is a youth who has been placed in foster care.
2. Requires a county welfare agency that has relevant knowledge regarding the youth to verify that the youth has been placed in foster care for purposes of this bill.
3. Prohibits a certificate issued pursuant to this bill from containing a stamp indicating that the certified record is for government use only.

FISCAL EFFECT:

According to the Assembly Appropriations Committee:

1. Revenue losses to fee-supported special funds within the Department of Public Health (DPH), not likely to exceed $100,000 annually. Vital records fees are statutorily set and apportioned to the Health Statistics Special Fund (HSSF), County Children’s Trust Fund (CCTF) and the Umbilical Cord Blood Collection Program (UCBCP). These funds would lose their allocation of revenue normally received from payment for a birth certificate issuance.
2. Minor and absorbable costs to DPH to develop and implement an affidavit for youth in foster care to obtain a certificate of live birth at no costs (Health Statistics Special Fund).
3. Local costs to provide birth certificates free to foster youth are potentially state-reimbursable; however, they are likely to be minor.

PRIOR VOTES:

COMMENTS:

1. Author’s statement. According to the author, the purpose of this legislation is to provide foster youth with a means of obtaining identification with the assistance of social workers knowledgeable of their situation and address interruptions to vital services caused by lack of identification, as well as get them on track for training or employment otherwise made impossible without the prerequisite identification
2. Background. DPH’s Vital Records Registration Branch (VRRB) is charged with maintaining a uniform, comprehensive, and continuous index for all birth, death, fetal death, and marriage vital events which occur in California, of which there are over one million each year. Certified copies of vital records are available from DPH, 58 county recorders, and 61 local health jurisdictions. DPH maintains, and can provide, birth and death records from 1905 to the present. At the local level, birth and death records for current-year events and one year prior are available from the county health department; records for all years are maintained by the county recorder. The base fee for a copy of a birth certificate is $12 and counties are allowed to raise the fee to cover the costs of modernizing vital record operations and improving the collection and analysis of health related birth and death certificate information. Costs vary from county to county with the average cost to receive a copy of a birth certificate ranging from $23 to $28.
3. Related legislation. AB 2490 (Chiu) requires the State Registrar to issue a certified record of live birth without a fee to any person who can verify that he or she is homeless, as specified. AB 2490 passed by a vote of 8-0 when it was heard in this Committee on June 6, 2018.
4. Prior legislation. AB 1733 (Quirk-Silva, Chapter 764, Statutes of 2014) requires local registrars or county recorders to issue a birth record without a fee to eligible homeless persons. Eligible persons must present an affidavit signed by an agent for a homeless services provider to receive a fee-exempt copy.
5. Amendments. In order to make this bill consistent with existing law requiring free birth certificates for homeless persons, and to more clearly delineate the process for foster youth obtaining free birth certificates, this bill should be amended as follows:

On page 2, line 3 after “103578” insert (a)

On page 2, line13, insert:

(b) In accordance with all other application requirements as set forth in Section 103526, a request for a certified record of live birth made pursuant to this subdivision shall be made by a youth who has been placed in foster care on behalf of themselves, or by any person lawfully entitled to request a certified record of live birth on behalf of a youth placed in foster care. A person applying for a certified record of live birth under this subdivision is entitled to one birth record, per application, for each eligible person verified as a youth who has been placed in foster care. For purposes of this subdivision, an affidavit developed pursuant to subdivision (c) shall constitute sufficient verification that a person is a youth placed in foster care. A person applying for a certified record of live birth under this subdivision shall not be charged a fee for verification of his or her eligibility.

(c) The State Department of Public Health shall develop an affidavit attesting to an applicant’s status as a youth placed in foster care. For purposes of this section, the affidavit shall not be deemed complete unless it is signed by both the person making a request for a certified record of live birth pursuant to subdivision (a) and a county welfare agency that has relevant knowledge regarding the youth to verify that the youth has been placed in foster care.

(d) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section through an all-county letter or similar instructions from the director or State Registrar without taking regulatory action.

SUPPORT AND OPPOSITION:

Support: None Received

Oppose: None Received

-- END --

Date of Hearing: May 23, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2967

Author:(Quirk-Silva) – As Amended Ver:April 26, 2018

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill requires a local registrar or county recorder to, without a fee, issue a certified birth certificate to any person who demonstrates that they are a youth who has been placed in foster care.

FISCAL EFFECT:

1. Revenue losses to fee-supported special funds within the California Department of Public Health (CDPH), not likely to exceed $100,000 annually. Vital records fees are statutorily set and apportioned to the Health Statistics Special Fund (HSSF), County Children’s Trust Fund (CCTF) and the Umbilical Cord Blood Collection Program (UCBCP). These funds would lose their allocation of revenue normally received from payment for a birth certificate issuance.
2. Minor and absorbable costs to CDPH to develop and implement an affidavit for youth in foster care to obtain a certificate of live birth at no costs (Health Statistics Special Fund).
3. Local costs to provide birth certificates free to foster youth are potentially state-reimbursable; however, they are likely to be minor.

COMMENTS:

1. Purpose. According to the author, the purpose of this bill is to provide foster youth with a means of obtaining identification with the assistance of social workers knowledgeable of their situation and to address interruptions to vital services caused by lack of identification. The author concludes that this bill will help to get foster youth on track for training or employment otherwise made impossible without the prerequisite identification.
2. Background. When foster youth emancipate from the child welfare system, they are provided access to all of the information they would otherwise need as adults who had not been in the system, such as health and educational records. In an effort to ensure former foster youth are better prepared to face the challenges of adulthood, the Legislature has passed a number of laws to require specified information, documents, and services are available to foster youth prior to emancipation from the dependency system, which traditionally occurs at 18 years of age. This bill would allow current foster youth to receive birth certificates.

Local registrars create and issue birth and death certificates based on such events, while county recorders maintain these records and issue certified copies. The State Registrar maintains the original documents and can also issue certified copies. To access a free birth certificate under this bill, a youth would need to obtain it from their county of birth.

1. Related Legislation. AB 2490 (Chiu), pending in the Senate, expands existing law by requiring the State Registrar, in addition to the local registrar and county recorder, to issue a certified record of live birth without a fee to any person who can verify their status as a homeless person or a homeless child or youth.
2. Prior Legislation. AB 1733 (Quirk-Silva), Chapter 764, Statutes of 2014, requires each local registrar or county recorder, without a fee, to issue a certified record of live birth to any person who can verify his or her status as a homeless person or a homeless child or youth and requires the DMV to issue, without a fee, an identification card to any individual who can verify their status as a homeless individual.

Analysis Prepared by: Lisa Murawski / APPR. / (916) 319-2081

Date of Hearing: April 24, 2018

ASSEMBLY COMMITTEE ON HEALTH

Jim Wood, Chair

ABPCA Bill Id:AB 2967

Author:(Quirk-Silva) – As Amended Ver:April 18, 2018

SUBJECT: Foster care: certified record of live birth.

SUMMARY: Requires a local registrar or county recorder to issue a certified record of live birth without a fee to any person who demonstrates that he or she is a youth living in foster care. Requires a county social services provider with relevant knowledge of the youth to verify that the youth is living in foster care.

EXISTING LAW:

1. Establishes the Office of Vital Records, within the Department of Public Health, to maintain a uniform system for registration and a permanent central registry with a comprehensive and continuous index for all birth, death, fetal death, and marriage certificates registered for vital events which occur in California.
2. Allows the State Registrar, local registrar, or county recorder to furnish a certified copy of birth, death, or marriage records to applicants upon request if:
   1. The request is written or faxed and accompanied by a notarized statement, sworn under penalty of perjury, that the requester is an “authorized person;” or,
   2. The request is made in person, and the official takes a statement, sworn under penalty of perjury, that the requester is signing his or her own legal name and is an “authorized person.”
3. Defines “authorized person,” for purposes of obtaining certified copies of birth, death, or nonconfidential marriage records, as any of the following:
   1. The person who is the subject of the record or the parent or legal guardian of that person;
   2. A party who is entitled to receive the record as a result of a court order, or certain parties associated with an adoption;
   3. Law enforcement or governmental agency personnel conducting official business;
   4. A child, grandparent, grandchild, sibling, spouse, or domestic partner of the registrant;
   5. An attorney representing the registrant or the registrant’s estate, or any person or agency empowered by statute or appointed by a court to act on behalf of the registrant or the registrant’s estate; or,
   6. An agent or employee of a funeral establishment who orders death certificates when acting on behalf of specified individuals.
4. Requires each local registrar or county recorder, without a fee, to issue a certified record of live birth to any person who can verify his or her status as a homeless person or a homeless child or youth and requires the Department of Motor Vehicles to issue, without a fee, an identification card to any individual who can verify their status as a homeless individual.
5. Establishes a state and local system of Child Welfare Services (CWS), including foster care, for children who have been adjudged by the court to be at risk of abuse or neglect or to have been abused or neglected, as specified.
6. Requires a placing agency, within 30 days of receiving a child’s birth certificate, to provide a copy of the birth certificate to the child’s caregiver.
7. Requires extended foster care funding for youth until age 21.
8. Defines nonminor dependent as a current or former foster youth who is between 18 and 21 years of age, in foster care under the responsibility of the county welfare department, county probation department, or Indian Tribe, and participating in a transitional independent living plan, as specified.
9. Prohibits the dependency court from terminating jurisdiction over a nonminor until a hearing is conducted and the county welfare department has submitted a report verifying that specified documents, including a certified copy of the nonminor’s birth certificate, has been provided, or that attempts have been made to provide specified documents, to the nonminor.
10. Requires, when the court determines that reunification services will not be ordered, that a child who is 16 years of age or older to receive his or her birth certificate.

FISCAL EFFECT: This bill has not yet been analyzed by a fiscal committee.

COMMENTS:

1. PURPOSE OF THIS BILL. According to the author, the purpose of this bill is to provide foster youth with a means of obtaining identification with the assistance of social workers knowledgeable of their situation and to address interruptions to vital services caused by lack of identification. The author concludes that this bill will help to get foster youth on track for training or employment otherwise made impossible without the prerequisite identification.
2. BACKGROUND.
   1. CWS. The purpose of California's CWS system is to protect children from abuse and neglect and provide for their health and safety. When children are identified as being at risk of abuse, neglect, or abandonment, county juvenile courts hold legal jurisdiction and children are served by the CWS system through the appointment of a social worker. Through this system, there are multiple opportunities for the custody of the child, or his or her placement outside of the home, to be evaluated, reviewed and determined by the judicial system, in consultation with the child's social worker, to help provide the best possible services to the child. The CWS system seeks to help children who have been removed from their homes reunify with their parents or guardians, whenever appropriate, or unite them with other individuals they consider to be family. There are currently close to 60,000 children in California’s child welfare system.
   2. Local Registrars and County Recorders. Health officers of local health departments serve as the local registrars for their respective health jurisdiction, and perform all the duties of a local registrar of births and deaths. Local registrars and county recorders only issue birth certificates for individuals born in their respective jurisdiction. It is important to note, that if an individual is unaware of which county they were born in, the only option for receiving a birth certificate is to request a birth certificate from the State Registrar. Currently, there is no process in place that allows foster youth to access their birth certificate, without a fee, from the State Registrar. The base fee for a copy of a birth certificate is $12. Counties are allowed to raise the fee to cover the costs of modernizing vital record operations and improving the collection and analysis of health related birth and death certificate information. Costs vary from county to county with the average cost to receive a copy of a birth certificate ranging from $23 to $28. The fee for a certified copy of a birth certificate could be a significant barrier to a youth placed in foster care living on a budget with often times little to no surplus income.
   3. Obtaining Birth Certificates. When foster youth emancipate from the CWS system, they are provided access to all of the information they would otherwise need as adults who had not been in the system, such as health and educational records. Whereas many children's parents maintain their child's health and educational records and provide guidance as to how and when to utilize these records, foster youth do not have that regular parental support. In an effort to ensure former foster youth are better prepared to face the challenges of adulthood, the Legislature has passed a number of laws which require that specified information, documents, and services are available to foster youth prior to emancipation from the dependency system, which traditionally occurs at 18 years of age.
3. RELATED LEGISLATION.
   1. AB 2490 (Chiu) expands existing law by requiring the State Registrar, in addition to the local registrar and county recorder, to issue a certified record of live birth without a fee to any person who can verify his or her status as a homeless person or a homeless child or youth. AB 2490 is pending on the Assembly Floor.
   2. AB 2561 (Flora) deletes and recasts existing law and instead require each local registrar to transmit a copy of each original birth certificate and death certificate to the county recorder for the special county record, and at the same time, forward the original certificate to the State Registrar. AB 2561 pending in the Senate Rules Committee.
4. PREVIOUS LEGISLATION.
   1. SB 179 (Atkins), Chapter 853, Statutes of 2017, requires the State Registrar to issue a new birth certificate if an individual submits application to change gender status or to nonbinary status.
   2. AB 1733 (Quirk-Silva), Chapter 764, Statutes of 2014, requires each local registrar or county recorder, without a fee, to issue a certified record of live birth to any person who can verify his or her status as a homeless person or a homeless child or youth and requires the DMV to issue, without a fee, an identification card to any individual who can verify their status as a homeless individual.
5. SUGGESTED COMMITTEE AMENDMENTS.
   1. This bill is similar to previous legislation, AB 1733 (Quirk-Silva) which extended the implementation date to July 1, of the following year. The Committee may wish to amend this bill to delay implementation to July 1, 2019 in order to allow local registrars and county recorders to make the necessary changes to their systems.
   2. The Committee may wish to suggest the following technical and clarifying amendments:
      1. On or before July 1, 2019, each Each local registrar or county recorder shall, without a an issuance fee or any other associated fee, issue a certified record of live birth to any person who demonstrates that he or she is a youth living placed in foster care, as defined in subdivision (f) of Section 11400 of the Welfare and Institutions Code.
      2. A county welfare agency social services provider who has relevant knowledge regarding the youth shall verify that the youth is living in foster care for purposes of this section.
6. POLICY COMMENTS.
   1. Under existing law, the Department of Social Services must provide the former foster youth with written verification in order for the former foster youth to qualify for certain programs or benefits. This verification process applies only to former foster youth, not current foster youth. There is the question as to whether or not this current process of verifying former foster youth could be extended to current foster youth. The author may wish to clarify the verification process of a foster youth, whether it be incorporating the current process or creating a new verification process.
   2. According to communications with the National Association of Social Workers- California Chapter, a county assigned social worker must request a certified copy of a birth certificate and the foster youth must receive their birth certificate before they turn 18 years of age. Foster youth are not expected to pay the certified birth certificate fee. However, it is unclear whether the responsibility of obtaining a birth certificate for a foster youth falls upon the caregiver, or county welfare agency, or another entity. The author may wish to consider how this bill aligns with the current process for foster youth obtaining a certified copy of a birth certificate.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file.

Opposition

None on file.

Analysis Prepared by: Monica Montano / HEALTH / (916) 319-2097