BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 731| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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. SB 731 Page 2 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 SB 731 Page 3 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 SB 731 Page 4 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 SB 731 Page 5 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 SB 731 Page 6 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. SB 731 Page 7 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 **** END ****