BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 731|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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                                   THIRD READING 


          Bill No:  SB 731
          Author:   Leno (D)
          Introduced:2/27/15  
          Vote:     21  

           SENATE HUMAN SERVICES COMMITTEE:  3-0, 4/21/15
           AYES:  McGuire, Hancock, Liu
           NO VOTE RECORDED:  Berryhill, Nguyen

           SENATE JUDICIARY COMMITTEE:  5-1, 4/28/15
           AYES:  Jackson, Hertzberg, Leno, Monning, Wieckowski
           NOES:  Anderson
           NO VOTE RECORDED:  Moorlach

           SENATE APPROPRIATIONS COMMITTEE:  5-1, 5/28/15
           AYES:  Lara, Beall, Hill, Leyva, Mendoza
           NOES:  Nielsen
           NO VOTE RECORDED:  Bates

           SUBJECT:   Foster children:  housing:  gender identity


          SOURCE:    Equality California
                     National Center for Lesbian Rights
                     Transgender Law Center
          
          DIGEST:   This bill requires foster children and nonminor  
          dependents in out-of-home care to be placed according to their  
          gender identity, regardless of the gender or sex listed in their  
          court or child welfare records. Additionally, this bill adds the  
          above requirement to the foster care bill of rights.










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          ANALYSIS:


          Existing law:


          1)Enacts the California Community Care Facilities Act which  
            provides for the licensure and regulation by the California  
            Department of Social Services (CDSS) of community care  
            facilities, as defined, including licensed foster family  
            homes, foster family agencies that certify foster family  
            homes, and group home facilities. (HSC 1500 et. seq)


          2)Establishes the criteria by which a child who has suffered, or  
            is at risk of suffering, significant abuse or harm shall be  
            within the jurisdiction of the juvenile court which may  
            adjudge that person to be a dependent child of the court. (WIC  
            300)  


           3)Establishes, as the policy of the state, a series of rights  
            provided to minors and nonminors in foster care, including:

                     The right to have caregivers and child welfare  
                 personnel who have received instruction on cultural  
                 competency and sensitivity relating to, and best  
                 practices for, providing adequate care to lesbian, gay,  
                 bisexual and transgender youth in out of home care. 

                     The right to have fair and equal access to all  
                 available 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.  
                 (WIC 16001.9)




          1)Requires group home administrator certification programs,  
            foster parent trainings, and relative and nonrelative extended  







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            family member trainings to include instruction on cultural  
            competency and sensitivity relating to, and best practices  
            for, providing adequate care to lesbian, gay, bisexual, and  
            transgender youth in out-of-home care. (HSC 1522.41, 1529.2,  
            16003)


          This bill:


          1)Provides that foster children and nonminor dependents in  
            out-of-home care shall be placed according to their gender  
            identity, regardless of the gender or sex listed in their  
            court or child welfare records.


          2)Adds to the established rights afforded to minors and  
            nonminors in foster care, the right to be placed according to  
            their gender identity, regardless of the gender or sex listed  
            in their court or child welfare records.


          3)Requires CDSS to promulgate regulations implementing the above  
            provisions.


          Background


          Best Practices: A recent best practices guide published by the  
          National Center for Lesbian Rights states that many transgender  
          youth experience emotional distress and are at risk of abuse  
          when placed in facilities according to their assigned birth sex.  
          Because most group care facilities are segregated by sex, almost  
          all transgender and gender non-conforming youth in group care  
          are living in facilities that house either boys or girls, or  
          where boys and girls are housed on separate units or in separate  
          buildings. 


          When facilities encounter transgender youth, most often they  
          place these youth according to their assigned birth sex rather  
          than their gender identity, without considering other, more  
          appropriate, options. Placing transgender youth with youth of  







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          the same assigned birth sex without doing an individualized  
          analysis of the transgender youth's gender identity and related  
          needs, can cause serious harm to the youth's well-being, create  
          unnecessary safety risks, and may violate non-discrimination  
          laws. In addition, once improperly placed, youth are frequently  
          required to conform to gender norms that are inappropriate for  
          them, which increase their levels of stress and discomfort.


          Group Homes.  Group homes are 24-hour residential facilities  
          licensed by CDSS to provide board and care to foster youth from  
          both the dependency and delinquency jurisdictions. Group home  
          facilities are organized under a system of rate classification  
          levels (RCLs) ranging from 1-14 that are based on levels of  
          professional training and adult-to-child ratios. In practice,  
          the majority of group homes are at or above RCL 10, with nearly  
          50 percent of group homes at RCL 12. There is wide variation in  
          group home size from as few as six children to more than 100  
          children. 


          Existing law requires that children removed from their homes and  
          made dependents of the court be placed in the most family-like  
          and "least restrictive" setting. Existing law requires counties  
          to seek timely permanent placements, such as guardianship or  
          adoption, for dependent youth that are removed from their homes.  
          Group homes, which provide an institutional type of care as  
          opposed to a family like setting, are not intended to be long  
          term placements, however in practice many children placed in  
          group homes remain in that setting for the duration of their  
          time in foster care, and many age out of the system while  
          residing in group home placements. While in a group home  
          program, it is intended that children receive services and  
          treatment designed to eliminate or reduce the conditions,  
          behaviors and characteristics that led to their group home  
          placement, and to teach new, adaptive skills and behavior.


          Staff training. Group homes are required to establish a "group  
          home program statement" that includes a training plan that is  
          appropriate for the client population and the training needs and  
          skill level of child care staff. Through regulation, existing  
          law provides that newly hired staff complete at least 24 hours  
          of training within 90 days of being hired, and 40 hours within  







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          12 months, as specified, with all existing staff receiving 20  
          hours annually. Regulations provide for the minimum topics that  
          must be included (e.g. discipline policies and procedures,  
          behavior problems/psychological disorders, and mental  
          health/behavioral interventions). Social work staff must  
          establish a "needs and services plan" for each child that  
          identifies the specific needs of an individual child, and  
          delineates those services necessary in order to meet the child's  
          identified needs. 
          
          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          According to an analysis by the Senate Appropriations committee  
          this bill is estimated to incur the following costs:

           Regulations:  One-time minor costs (General Fund) for CDSS to  
            promulgate regulations.
           Foster Care placements:  Likely minor caseload impact  
            statewide. To the extent county agencies incur increased  
            workload associated with implementing and adhering to the  
            specified regulations, statewide costs could exceed $50,000  
            (General Fund). 
           Proposition 30:  Exempts the State from mandate reimbursement  
            for realigned programs, however, legislation that has an  
            overall effect of increasing the costs already borne by a  
            local agency for realigned programs including child welfare  
            services, apply to local agencies only to the extent that the  
            State provides annual funding for the cost increase.  


          SUPPORT:   (Verified5/28/15)


          Equality California (co-source)
          National Center for Lesbian Rights (co-source)
          Transgender Law Center (co-source)
          American Civil Liberties Union 

          AFSCME

          California Alliance of Children and Family Services








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          County Welfare Directors Association of California

          Children's Law Center

          East Bay Children's Law Offices

          Family Builders

          Gender Health Center

          Gender Spectrum

          Juvenile Court Judges of California

          Legal Services for Children

          National Association of Social Workers 

          National Center for Youth Law

          National Council on Crime and Delinquency

          Santa Clara Board of Supervisors

          Youth Law Center



          OPPOSITION:   (Verified5/28/15)


          None received

          ARGUMENTS IN SUPPORT:  According to the author, many transgender  
          youth face rejection, harassment, and physical abuse at the  
          hands of their families, communities, and schools due to bias  
          against their gender identity or expression. The author states  
          that these children are at extremely high risk for poor health  
          and mental health outcomes, risks that are magnified for  
          children in foster care, many of whom have already experienced  
          significant trauma. The author states that when a foster child  
          is improperly placed without consideration of gender identity,  
          the child may be at risk for further bullying, harassment, and  
          abuse.







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          The author additionally states that studies show that lesbian,  
          gay, bisexual, and transgender (LGBT) youth are at much higher  
          risk for homelessness, abuse, depression, and suicide and that  
          an estimated 25 to 40 percent of LGBT homeless youth report  
          leaving home due to conflicts with family members related to  
          their sexual orientation or gender expression.  




          Prepared by:Sara Rogers / HUMAN S. / (916) 651-1524
          5/30/15 10:23:29


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