SENATE DOCKET, NO. 470        FILED ON: 1/16/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 34

The Commonwealth of Massachusetts

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PRESENTED BY:

Jennifer L. Flanagan

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to identity theft protections for foster children.

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PETITION OF:

SENATE DOCKET, NO. 470        FILED ON: 1/16/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 34

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to identity theft protections for foster children.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Section 203 of Chapter 119 is hereby amended by inserting at the end of the section the following subsection:-

(j) The Department shall develop and implement policies and procedures designed to protect personal identifying information of children in foster care in order to prevent identity theft by foster care providers and others who may have access to personal identifying information of such children including policies and procedures for   (i) assigning unique identifying numbers other than social security numbers to children entering foster care; (ii) limiting, to the greatest extent possible, disclosure of foster children's social security numbers and other unique identifying information to foster parents or other persons who may have access to personal identifying information about a child in foster care; and (iii) responding to valid requests for information regarding a foster child's social security number or other personal identifying information from individuals and entities having a legitimate need for such information.

(k) Each child shall have obtained for them by the department, a free credit report, pursuant to the fair credit reporting act, from each of the 3 major credit bureaus at the time of entry or re-entry into care and annually thereafter, for the time that said child remains in custody of the Commonwealth, to determine whether identity theft has occurred and to correct all erroneous entries on said child’s credit record.  If the credit report displays other negative or erroneous items, the Commonwealth shall provide the necessary services to correct said child’s credit record, including, but not limited to, legal and other advocacy fees.

The department shall: (i) provide the child’s attorney with a copy of each credit report within 30 days of obtaining the credit report results; (ii) work with the child’s attorney to notify the district attorney, for the district in which the child resides, no later than 30 days after receipt of the credit report in order to correct any erroneous items; and (iii) make each annual credit report request not later than 60 days after the child’s birthday, or 60 days after the child’s entry or re-entry into custody.”.