Youth in Foster Care—Youth in Foster Care—Vulnerability and Vulnerability and ResponsesResponsesHoward Davidson, J.D.Director, ABA Center on Children and the LawHoward.Davidson@americanbar.org

Child Welfare Agencies Responding to Child Identity Theft

U.S. Department of Justice, Office for Victims of CrimeApril 10, 2013

1.1. Personal information of children in foster Personal information of children in foster care (including Social Security Number) care (including Social Security Number) is more accessible is more accessible

2.2. Misuse of their identities is far more Misuse of their identities is far more likely to go unidentified for longerlikely to go unidentified for longer

3.3. Children who are abused or neglected Children who are abused or neglected may have family members that misuse may have family members that misuse their identitytheir identity

Why Foster Kids Are At Why Foster Kids Are At Heightened Vulnerability For Heightened Vulnerability For Identity TheftIdentity Theft

4.4. Many foster children have parents with Many foster children have parents with severe substance abuse and mental health severe substance abuse and mental health issues, making identity misuse to “pay bills” issues, making identity misuse to “pay bills” or “make purchases” more probableor “make purchases” more probable

5.5. Many foster children change settings Many foster children change settings frequently – thus their “personal data” frequently – thus their “personal data” changes hands oftenchanges hands often

6.6. Identity theft discovery has been a low-Identity theft discovery has been a low-priority issue for many child welfare priority issue for many child welfare agenciesagencies

7.7. Foster kids generally don’t have “family Foster kids generally don’t have “family advocates” to help themadvocates” to help them

8.8. Child welfare agencies have not (until Child welfare agencies have not (until recently) routinely looked into foster recently) routinely looked into foster children’s possible credit problems, even children’s possible credit problems, even during their “transition period” before during their “transition period” before emancipationemancipation

9.9. If a youth only learns about the theft of If a youth only learns about the theft of their identity after emancipation, it can their identity after emancipation, it can negatively affect their successful transition negatively affect their successful transition to adulthoodto adulthood

Federal Law (P.L. 112–34 September 2011)Federal Law (P.L. 112–34 September 2011)… … each child in foster care under the each child in foster care under the responsibility of the State who has attained 16 responsibility of the State who has attained 16 years of age receives without cost a copy of any years of age receives without cost a copy of any consumer report (as defined in section 603(d) of consumer report (as defined in section 603(d) of the Fair Credit Reporting Act) pertaining to the the Fair Credit Reporting Act) pertaining to the child each year until the child is discharged child each year until the child is discharged from care, and receives assistance (including, from care, and receives assistance (including, when feasible, from any court-appointed when feasible, from any court-appointed advocate for the child) in interpreting and advocate for the child) in interpreting and resolving any inaccuracies in the report.resolving any inaccuracies in the report.

Law and Policy Law and Policy ResponsesResponses

Children’s Bureau New Program Instruction on Identity Theft

ChecksACYF-CB-PI-12-07 (5/8/12) http://www.acf.hhs.gov/programs/cb/laws_ policies/policy/pi/2012/pi1207.pdf Advises states on how to comply with the 2011 federal law (IV-E) requirement to do annual credit reporting agency checks (from all 3 of these agencies) for all foster youth age 16 and older State Title IV-E agencies were required to submit their Title IV-E plan amendment to show compliance with this requirement by August 13, 2012

I’ve found 8 state I’ve found 8 state laws laws that have addressed this: that have addressed this: CA (2006); CO (2011); CT (2010); DC (2010); CA (2006); CO (2011); CT (2010); DC (2010); DE (2013); IL (2010); TX (2011); VA (2012) DE (2013); IL (2010); TX (2011); VA (2012)

And I know of 12 child welfare agencies that have And I know of 12 child welfare agencies that have policies policies on obtaining foster child credit reports: on obtaining foster child credit reports:

- IN (pre-federal law, in 2009 – had the first - IN (pre-federal law, in 2009 – had the first mandate to assist in requesting free credit mandate to assist in requesting free credit reports for foster youth - in their child welfare reports for foster youth - in their child welfare manual) manual) -Other 11 (AK, KY, MD, MO, NE, NY, ND, OR, RI, Other 11 (AK, KY, MD, MO, NE, NY, ND, OR, RI, VA, WA)VA, WA)- Policies vary in terms of follow up if credit - Policies vary in terms of follow up if credit discrepancies are found (e.g., reporting to discrepancies are found (e.g., reporting to prosecutor or A.G., referring for credit prosecutor or A.G., referring for credit counseling, using annualcreditreport.com, counseling, using annualcreditreport.com, consulting with child’s GAL, having a central consulting with child’s GAL, having a central state-level office resolve problems, consulting state-level office resolve problems, consulting with the Identity Theft Resource Center)with the Identity Theft Resource Center)

PENDING MARYLAND LEGISLATIONPENDING MARYLAND LEGISLATION

MD HB1125 (2013) – Unfavorably reported 3/20 by Judiciary Comm. -- Would have required MD HB1125 (2013) – Unfavorably reported 3/20 by Judiciary Comm. -- Would have required the state child welfare agency to assist children in obtaining a police-issued “Identity Theft the state child welfare agency to assist children in obtaining a police-issued “Identity Theft Passport for all I.D. theft victims in foster care or in the care state’s Juvenile Services agencyPassport for all I.D. theft victims in foster care or in the care state’s Juvenile Services agency

MD HB1297 (2013) –Came close to becoming law – Would have required each local child MD HB1297 (2013) –Came close to becoming law – Would have required each local child welfare agency to request a “Security Freeze” on credit reports/records of children in foster welfare agency to request a “Security Freeze” on credit reports/records of children in foster care (would have amended Maryland’s unique parent-initiated Child Identity Lock law) care (would have amended Maryland’s unique parent-initiated Child Identity Lock law)

• The age when first “credit check” is to be The age when first “credit check” is to be made, and whether re-check is made annuallymade, and whether re-check is made annually

• Whether checks can be to just one, or to all Whether checks can be to just one, or to all three national credit reporting agenciesthree national credit reporting agencies

• Doing checks for all under 21 youth in Doing checks for all under 21 youth in independent living programsindependent living programs

• Using contracted providers to review and Using contracted providers to review and repair child’s creditrepair child’s credit

• Requiring report to legislature on Requiring report to legislature on implementation and whether new legislative implementation and whether new legislative or regulatory action is neededor regulatory action is needed

How Laws Differ Regarding How Laws Differ Regarding Checking for Foster Child Checking for Foster Child

Identity TheftIdentity Theft

• What remedial actions must be taken if a “bad credit entry” is What remedial actions must be taken if a “bad credit entry” is found, and who must be notified of the credit check resultfound, and who must be notified of the credit check result

• Which youth are excluded from having their credit checkedWhich youth are excluded from having their credit checked• Development of forms for doing the checksDevelopment of forms for doing the checks• Assigning IDs other than SSNs as children enter foster care, Assigning IDs other than SSNs as children enter foster care,

and reviewing all requests for the SSN and limiting that accessand reviewing all requests for the SSN and limiting that access• Provision of agency immunity in connection with credit Provision of agency immunity in connection with credit

checking/assistingchecking/assisting

We need to know: We need to know: 1) The cost of doing credit checks for large numbers 1) The cost of doing credit checks for large numbers of foster children of foster children 2) what % of inquiries result in “bad hits” 2) what % of inquiries result in “bad hits” 3) how difficult it is to make credit “corrections”3) how difficult it is to make credit “corrections”4) who bears the cost of the checking and correcting4) who bears the cost of the checking and correcting

We need to be asking We need to be asking former foster youthformer foster youth what they what they think should be done regarding both identity theft think should be done regarding both identity theft checks checks andand the broader the broader and more important issue and more important issue ofof youth financial literacyyouth financial literacyWithholding SSNs from foster parents, as an identity Withholding SSNs from foster parents, as an identity theft protection measure, can deprive foster children theft protection measure, can deprive foster children of financial support through foster parent tax benefits of financial support through foster parent tax benefits

Several Issues and ConcernsSeveral Issues and Concerns

Accessing Materials Accessing Materials from February 2013 from February 2013 Forum on Child Forum on Child Identity TheftIdentity Theft

http://ovc.ncjrs.gov/ovcproviderforum/http://ovc.ncjrs.gov/ovcproviderforum/asp/ news.asp#itacasp/ news.asp#itac