BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 731|
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                                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
          








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          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  








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            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  








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          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  








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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 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








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          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










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