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CHILD AND FAMILY SERVICES AGENCY
NOTICE OF PROPOSED RULEMAKING
The Director of the Child and Family Services Agency, acting pursuant to section 303(a)(16)(E) of the Prevention of Child Abuse and Neglect Act of 1977, effective September 23, 1977 (D.C. Law 2-22; D.C. Official Code §§ 4-1301.01, et seq.), and section 2 of the Foster Care Youth Identity Protection Amendment Act of 2010 (Act), effective May 27, 2010 (D.C. Law 18-162; 57 DCR 3029), and Mayor’s Order 2010-154, dated September 9, 2010, hereby gives notice of his intent to adopt a new chapter 84, to be entitled “Protecting Foster Children from Identity Theft” to Title 29 of the District of Columbia Municipal Regulations (DCMR).
The Director intends to take final rulemaking action to adopt these rules in not less than thirty (30) days after the date of publication of this notice in the D.C. Register, and following the review by the Council of the District of Columbia (Council) required by section 2 of the Act (D.C. Official Code § 4-1303.03(a)(16)(E)). Pursuant to that section, the proposed rules will be transmitted to the Council and will be deemed approved upon the Council’s approval of the rules by resolution or the expiration of the Council’s thirty (30) day review period, whichever occurs first.
Title 29, PUBLIC WELFARE, of the DCMR is amended by adding a new Chapter 84 to read as follows:
CHAPTER 84 PROTECTING FOSTER CHILDREN FROM IDENTITY THEFT
8400 PURPOSE
8401 CREDIT REPORT CHECKS FOR WARDS UNDER THE AGE OF 18
8402 CREDIT REPORT CHECKS FOR WARDS 18 YEARS OF AGE OR OLDER
8403 ADDITIONAL AGENCY RESPONSIBILITIES
8499 DEFINITIONS
8400 PURPOSE
8400.1 The purpose of this Chapter is to help protect foster children from identity theft.
8401 CREDIT REPORT CHECKS FOR WARDS UNDER THE AGE OF 18
8401.1 The Agency shall request a credit report on behalf of a ward of the District of Columbia who is under eighteen (18) years of age when:
(a) An adoption petition has been filed with the Superior Court of the District of Columbia;
(b) A motion for guardianship has been filed in the Superior Court of the District of Columbia; or
(c) The Agency anticipates that the jurisdiction of the Family Court of the Superior Court of the District of Columbia will be terminated.
8401.2 The Agency shall request a credit report that has been compiled by at least one (1) of the following credit reporting agencies and organizations:
(a) Experian;
(b) TransUnion; or
(c) Equifax.
8401.3 If a credit report has been obtained for a ward, the Agency shall provide a copy of the credit report to the ward’s guardian ad litem within thirty (30) days after receiving the report.
8401.4 If the Agency believes that identity theft may have occurred, it shall refer the ward to an organization that provides credit counseling to victims of identity theft.
8402 CREDIT REPORT CHECKS FOR WARDS 18 YEARS OF AGE OR OLDER
8402.1 If a ward is eighteen (18) years of age or older, the Agency, prior to termination of the jurisdiction of the Family Court of the Superior Court of the District of Columbia, shall:
(a) Inform the ward that he or she is entitled to receive a copy of the credit report;
(b) Educate the ward on the importance of monitoring his or her credit; and
(c) Assist the ward in obtaining a credit report if he or she wants a copy of the credit report.
8402.2 The Agency shall review the credit report with the ward if requested by the ward.
8402.3 If the Agency believes that identity theft may have occurred, it shall refer the ward to an organization that provides credit counseling to victims of identity theft.
8402.4 If the ward provides the Agency with a copy of the credit report, the Agency shall provide the ward’s guardian ad litem a copy within thirty (30) days after receiving the credit report.
8403 ADDITIONAL AGENCY RESPONSIBILITIES
8403.1 The Agency shall develop a list of organizations that provide credit counseling services to victims of identity theft and shall only refer a ward to an organization on the list.
8499 DEFINITIONS
The following terms and phrases shall have the meanings ascribed below:
Agency – The D.C. Child and Family Services Agency.
Ward - a child or youth who is committed to the legal custody of the Child and Family Services Agency.
All persons desiring to comment on the subject matter of this proposed rulemaking should file comments in writing within thirty (30) days after the date of publication of this notice in the D.C. Register. Comments should be filed with Lionel Sims, General Counsel, Child and Family Services Agency, 400 6th Street, S.W., Washington, D.C. 20024 or online at dcregs.dc.gov. Copies of these proposed rules may be obtained without charge at the address above or online at dcregs.dc.gov.
