BILL ANALYSIS
AB 2651
Page 1
Date of Hearing: April 23, 2002
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Dion Aroner, Chair
AB 2651 (Chu) - As Amended: April 18, 2002
SUBJECT : Foster youth: protection of rights
SUMMARY : Establishes various protections of the rights of
youth in foster care. Specifically, this bill :
1)Adds to the statutory rights of children in foster care the
right to be free from discrimination and harassment based on
actual or perceived race, color, religion, ancestry,
ethnicity, national origin, physical or mental disability,
medical condition, sex including gender identity, or sexual
orientation.
2)States the intent of the Legislature that protections for
foster care providers be ensured, including the following:
a) Prohibiting discrimination on the basis of sexual
orientation in the delivery of services and benefits.
b) Prohibiting discrimination based on the sexual
orientation of foster parents, or foster family home
members, in licensing and placement decisions.
c) Prohibiting discrimination based on the HIV or AIDS
status of foster parents who are capable of performing
caregiver responsibilities.
3)States that it is the goal of the state to identify foster
parents, including gay and lesbian adults, who are interested
in caring for gay or lesbian youth in foster care.
4)States the intent of the Legislature that the training of
foster parents and caregivers include the following topics:
a) The policies of the Department of Social Services (DSS)
regarding gay and lesbian youth.
b) Policies and state laws prohibiting discrimination based
on sexual orientation and HIV or AIDS status.
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c) Sensitivity to the challenges faced by gay or lesbian
youth.
d) Educating gay or lesbian youth about their sexuality and
sexual health.
5)States that it is the goal of the state to ensure that
children in foster care maintain contact with their
communities, including religious communities, and requires DSS
to do the following:
a) Promulgate regulations requiring child welfare services
(CWS) social workers, when removing a child from his or her
home, to ask the parent or legal guardian of the child if
the child has any religious affiliation.
b) Make diligent efforts to locate placement resources
allowing foster children to practice their religious faith,
including activities that are necessary to protect
children's free exercise of religion.
6)States the intent of the Legislature that the Office of the
State Foster Care Ombudsperson address complaints brought by
gay or lesbian foster youth and that the Ombudsperson's
toll-free telephone number be available to gay or lesbian
foster youth who are being abused because of their sexuality.
EXISTING LAW
1)Prohibits discrimination in the provision of services to the
public on the basis of sexual orientation.
2)Prohibits discrimination in public schools or institutions of
postsecondary education which receive state funding on the
basis of actual or perceived race, color, religion, ancestry,
national origin, disability, gender, or sexual orientation.
3)Establishes the Child Welfare Services (CWS) program,
administered by counties, to provide services to abused and
neglected children and their families, including placement
into the home of a relative, a foster family home, or a group
home facility.
4)Establishes the rights of youth in foster care and requires
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that all foster caregivers provide each school-age child
placed in foster care with an age and developmentally
appropriate orientation that includes an explanation of the
rights of the child and addresses the child's questions and
concerns.
5)Establishes the Office of the State Foster Care Ombudsperson
and establishes a toll-free number to provide youth with a
means of resolving issues related to their placement, care, or
supervision in foster care.
6)Establishes minimum training requirements for licensed foster
parents and staff employed by group homes.
FISCAL EFFECT : Unknown.
COMMENTS :
1)According to the author, this bill is intended to ensure that
DSS has clear non-discrimination policies concerning gay and
lesbian foster youth and foster care providers. The author
states that the Lambda Legal Defense and Education Fund
produced a report entitled "Youth in the Margins" in 2001 that
noted a number of areas in which the department's child
welfare services and foster care regulations do not expressly
prohibit discrimination on the basis of sexual orientation.
According to the author, the bill is additionally intended to
protect foster youths' right to the free exercise of religion.
The author states that "AB 2651 reinforces the right of
foster youth to be treated with dignity, respect, and
support."
2)Supporters of the bill argue that lesbian, gay, bisexual, and
transgender youth in foster care suffer from a host of
problems because of prejudice against their sexual orientation
and gender non-conformity. Supporters note that youth in
foster care have already experienced hardship due to abuse or
neglect, and from the process of being removed from their
family, and that additional discrimination and derogation that
gay and lesbian youth are subjected to only compounds the
trauma of being in foster care.
3)The group Gay and Lesbian Adolescent Social Services (GLASS)
reports that youth in foster care face numerous difficulties
as a result of a general lack of understanding and sensitivity
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to gay and lesbian issues. Sometimes youth who are not gay or
lesbian are referred for services to GLASS due to same-sex
sexual "acting-out" behavior. For youth who are gay or
lesbian, a lack of acceptance of homosexuality by providers
leads some youth to run away from placements, leaving them
homeless and without supervision. On top of feeling rejected
by their birth families in the wake of removal from the home,
these youth must now deal with feelings of rejection from
their new foster parent as well. GLASS also reports that gay
and lesbian youth face ignorance and sometimes hostility from
social workers, just at the time in their lives that they need
support, understanding, and information about their sexuality.
4)According to DSS, existing statutes regarding
non-discrimination on the basis of sexual orientation in the
delivery of public services already prohibit such
discrimination against foster youth and foster care providers,
and statutes prohibiting discrimination based on a disability
already prohibit discrimination based on HIV or AIDS status.
However, supporters of the bill argue that these
non-discrimination policies need to be made expressly within
the foster care program in order to protect youth and
providers against harassment and unlawful discrimination.
5)The County Welfare Directors Association (CWDA) has noted some
concerns about the provisions requiring county social workers
to inquire about a child's religious affiliation and attempt
to make appropriate placement resources available to the
child. Primarily, CWDA is concerned about adding duties to
child welfare agencies without additional resources to recruit
providers or provide training to providers and social workers.
CWDA notes that it may be very challenging to match youth up
with foster care providers that meet the needs or requirements
of their particular religious affiliation.
6)Opponents of the bill are generally opposed to homosexuality
and argue that the bill would "encourage the perpetuation of a
harmful lifestyle upon many foster youth," and make it
"mandatory for foster parents and group home staff to aid and
abet dangerous, illegal homosexual conduct with any foster
youth who is sexually confused." Opponents also argue that
foster parents who are opposed to homosexuality and desire to
teach foster youth that homosexuality is "treatable" would be
precluded from providing care to foster children.
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7)According to the American Psychiatric Association (APA),
"clinical experience indicates that those who have integrated
their sexual orientation into a positive sense of self,
function at a healthier psychological level than those who
have not." Additionally, the APA reports that "there is no
published scientific evidence supporting the efficacy of
'reparative therapy' as a treatment to change one's sexual
orientation."
AB 2651
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REGISTERED SUPPORT / OPPOSITION :
Support
ACLU
California Alliance for Pride and Equality (CAPE)
California Coalition for Youth
California HIV Advocacy Coalition
California Psychiatric Association
Children's Advocacy Institute
Lambda Legal Defense & Education Fund
Youth Law Center
Opposition
Association of Christian Schools International
Campaign for California Families
Capitol Resource Institute
Committee on Moral Concerns
County of San Diego
Traditional Values Coalition
Women Volunteers in Politics (El Cajon)
28 individuals
Analysis Prepared by : Andy Shaw / HUM. S. / (916) 319-2247