BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 3015|
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THIRD READING
Bill No: AB 3015
Author: Brownley (D)
Amended: 5/23/08 in Assembly
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 3-0, 6/24/08
AYES: Alquist, Romero, Yee
NO VOTE RECORDED: Maldonado, Battin
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 48-29, 5/28/08 - See last page for vote
SUBJECT : Foster care
SOURCE : Equality California
National Association of Social Workers,
California Chapter
GSA Network
DIGEST : This bill requires several training programs for
group home administrators, licensed foster parents and
relative caretakers to include basic instruction on the
safety of foster youth at school.
ANALYSIS :
Existing Law
1. Provides that children who have been, or are at
CONTINUED
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substantial risk of being, subjected to certain forms of
abuse, neglect, exploitation or abandonment may be
removed from their parents or guardians and adjudged
dependents of the juvenile court.
2. Requires the Director of the Department of Social
Services (DSS) to develop and establish a certification
program to ensure that group home administrators have
appropriate training.
3. Requires foster parents to meet pre-placement and
ongoing annual training requirements. Requires
community college districts with foster care education
programs to make orientations and trainings, as
specified, available to relatives or non-relative
extended family member caregivers.
4. Specifies that all foster children have rights to fair
and equal access to services, placement, care,
treatment, and benefits, and to not be subjected to
discrimination or harassment on the basis of actual or
perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual
orientation, gender identity, mental or physical
disability or HIV status.
5. Prohibits discrimination in school programs and
activities based on sex, ethnic group identification,
race, national origin, religion, mental or physical
disability, or any basis that is included in the
definition of a hate crime.
This bill requires that the following mandatory training
programs include basic instruction on existing laws
regarding the safety of foster youth at school, including
the California Student Safety and Violence Prevention Act
of 2000:
A. Classroom instruction for group home
administrator certification programs.
B. Pre-placement trainings for licensed foster
families.
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C. Trainings by community college districts that
have foster care education programs for relative
and non-relative extended family member who are
caregivers.
Comment
The Student Safety and Violence Prevention Act, which is a
specified subject of the training requirements in this
bill, was added to statute by AB 537 (Kuehl), Chapter 587,
Statutes of 2000. It prohibits discrimination in school
programs and activities based on sex, ethnic group
identification, race, national origin, religion, mental or
physical disability, or any basis that is included in the
definition of a hate crime, which includes many of these
same actual or perceived characteristics, as well as sexual
orientation.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/5/08)
Equality California (co-source)
GSA Network (co-source)
National Association of Social Workers, California Chapter
(co-source)
California Teachers Association
California State PTA
County Welfare Directors Association
ARGUMENTS IN SUPPORT : According to the author's office,
in February, 2008 a 14-year-old entered a classroom at a
junior high school in Oxnard and shot a 15-year-old student
in the head. The student, who was shot identified himself
as gay, sometimes wore make-up and feminine jewelry, and
was the target of ridicule and bullying by some of his
classmates, including the shooter. The student who was
shot was a foster youth who lived at a group home for
abused and neglected children. Foster youth, according to
the author's office, are more vulnerable to harassment by
nature of their familial status and often times, their
caregivers are not aware of the existence of education law
that protects students from harassment at their schools.
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This bill makes efforts to ensure that foster youth and
their caregivers are knowledgeable about how to report and
prevent harassment and violence not only in their homes,
but in their schools.
ASSEMBLY FLOOR :
AYES: Arambula, Beall, Berg, Brownley, Caballero, Charles
Calderon, Carter, Coto, Davis, De La Torre, De Leon,
DeSaulnier, Dymally, Eng, Evans, Feuer, Fuentes,
Furutani, Galgiani, Hancock, Hayashi, Hernandez, Huffman,
Jones, Karnette, Krekorian, Laird, Leno, Levine, Lieber,
Lieu, Ma, Mendoza, Mullin, Nava, Nunez, Parra,
Portantino, Price, Ruskin, Salas, Saldana, Solorio,
Spitzer, Swanson, Torrico, Wolk, Bass
NOES: Adams, Aghazarian, Anderson, Benoit, Blakeslee,
Cook, DeVore, Duvall, Emmerson, Fuller, Gaines, Garcia,
Garrick, Horton, Huff, Jeffries, Keene, La Malfa, Maze,
Nakanishi, Niello, Plescia, Sharon Runner, Silva, Smyth,
Strickland, Tran, Villines, Walters
NO VOTE RECORDED: Berryhill, Houston, Soto
CTW:do 8/5/08 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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