BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 731| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 731 Author: Leno (D), et al. Amended: 8/31/15 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 SENATE FLOOR: 28-5, 6/1/15 AYES: Allen, Beall, Block, Cannella, De León, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Pan, Pavley, Roth, Vidak, Wieckowski, Wolk NOES: Anderson, Moorlach, Morrell, Nielsen, Runner NO VOTE RECORDED: Bates, Berryhill, Fuller, Gaines, Huff, Nguyen, Stone ASSEMBLY FLOOR: 60-1, 9/2/15 - See last page for vote SUBJECT: Foster children: housing: gender identity SOURCE: Equality California SB 731 Page 2 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. Assembly Amendments return this bill to the prior version as passed by the Senate. 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, as the policy of the state, a series of rights provided to minors and nonminors in foster care, including: a) 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. b) 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) 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 SB 731 Page 3 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 According to the author, children in the child welfare system are protected by the Foster Care Bill of Rights, which includes the right to fair and equal access to all services. Though California law intends to protect all children from discrimination, it does not give specific guidance to caregivers when placing foster children who are transgender. The author states that many transgender youth face rejection, bullying, and physical abuse at the hands of their families, communities, and schools due to bias against their gender identity or expression. These children are at extremely high risk for poor health and mental health and are at much higher risk than other youth for homelessness, abuse, depression, and suicide. The author states that it is essential that we provide caregivers and environments that affirm and respect these young people so that they can thrive. 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 SB 731 Page 4 appropriate, options. Placing transgender youth with youth of 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 the Assembly Appropriations Committee, this bill may result in the following costs: 1)Likely minor caseload impact statewide. To the extent county agencies incur increased workload associated with implementing and adhering to the specified regulations, it is unlikely statewide costs would exceed $100,000 (General Fund). Under Proposition 30 of 2012, these costs are not reimbursable, but this bill will apply to local agencies only to the extent the state provides annual funding for the cost increase. 2)One-time minor costs (General Fund) for the DSS to promulgate regulations. SUPPORT: (Verified9/2/15) Equality California (source) National Center for Lesbian Rights AFSCME American Civil Liberties Union of California California Alliance of Child and Family Services California Communities United Institute SB 731 Page 6 County Welfare Directors Association of California East Bay Children's Law Offices Equality California 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 & Delinquency Youth Law Center OPPOSITION: (Verified9/2/15) None received ASSEMBLY FLOOR: 60-1, 9/02/15 AYES: Achadjian, Baker, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chávez, Chiu, Chu, Cooley, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Mullin, Nazarian, O'Donnell, Olsen, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wilk, Williams, Wood, Atkins NOES: Gallagher NO VOTE RECORDED: Alejo, Travis Allen, Bigelow, Brough, Chang, Cooper, Dahle, Beth Gaines, Grove, Harper, Jones, Kim, Mathis, Melendez, Obernolte, Patterson, Steinorth, Wagner, Waldron Prepared by:Sara Rogers / HUMAN S. / (916) 651-1524 9/2/15 15:30:32 SB 731 Page 7 **** END ****