California Welfare and Institutions Code 11023 – (a) If a county human services agency elects to use information …
(a) If a county human services agency elects to use information contained in a consumer credit report for the determination of CalFresh or CalWORKs eligibility or benefit level, the county shall obtain written authorization from an applicant or recipient prior to obtaining the credit report.
(b) If a county takes an adverse action against an applicant or recipient, the determination of which was based, in whole or in part, upon information contained in the consumer credit report, the county shall do all of the following:
Terms Used In California Welfare and Institutions Code 11023
- County: includes "city and county. See California Welfare and Institutions Code 14
- Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
- Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
(1) Provide the applicant or recipient with the notice required by Section 615 of the federal Fair Credit Reporting Act (15 U.S.C. § 1681m), indicating that the verification or eligibility determination was based, in whole or in part, upon the information contained in the consumer credit report.
(2) Issue the notice required by paragraph (1) in writing and in accordance with the standards for adequate notice established in federal law.
(3) Make the information available to an applicant or recipient who requests a copy of his or her case file or appeals a negative action based in whole or in part on information the county obtained from the consumer credit report.
(c) For purposes of this section, an “adverse action” means a determination of ineligibility for CalFresh or CalWORKs or a reduction in benefits or services.
(d) The written authorization and notice required by this section may be provided by electronic means.
(e) If the county human services agency elects to use information contained in a consumer credit report for the determination of benefit level, the county shall not require the applicant or recipient to submit hard-copy documentation that is duplicative of the information it will verify using the credit report.
(f) Nothing in this section precludes the use of other forms of verification or prohibits the county from requesting additional documentation when the county establishes, in writing, that the information it has already received is questionable.
(Added by Stats. 2016, Ch. 308, Sec. 2. (SB 1232) Effective January 1, 2017.)