BILL ANALYSIS
AB 2651
Page 1
Date of Hearing: May 8, 2002
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Darrell Steinberg, Chair
AB 2651 (Chu) - As Amended: April 18, 2002
Policy Committee: Human
ServicesVote:4-2
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill makes explicit the current rights of children and
providers in the foster care system relating to sexual
orientation and religion. Specifically, this bill:
1)Adds to the list of rights of foster children, 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)Declares that foster care providers should be protected
against discrimination based on sexual orientation in the
delivery of benefits and services, as well as in licensing,
approval, and placement decisions. Also declares protection
based on the HIV or AIDS status of foster parents who are
capable of performing their duties and of other household
members.
3)States legislative intent that foster parent training cover
applicable laws and policies barring discrimination on the
basis of sexual orientation and HIV/AIDS status; sensitivity
to the challenges faced by gay or lesbian youth and youth with
gender issues; educating these youth about their sexuality and
sexual health; and the California Department of Social
Services' (CDSS) policies related to gay or lesbian foster
youth.
4)Establishes as a state goal, ensuring that foster children
maintain appropriate contact with their families and
communities, including religious communities. Requires CDSS
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to:
a) Issue regulations by June 30, 2003 to ensure that the
social worker ask the parent or legal guardian if a child
has a religious affiliation when considering removal from
the home.
b) Make diligent efforts to locate placement resources that
allow children to practice their religious faiths,
including those religious practices pertaining to diet,
dress, special holidays, and social interaction.
FISCAL EFFECT
1)Minor, absorbable costs to CDSS to issue regulations and
comply with the bill. The department is already in compliance
because of current non-discrimination statutes.
2)Minor costs to counties-under $100,000 annually-for the social
worker to ask if a child being considered for removal has a
religious affiliation.
COMMENTS
1)Purpose . This bill is intended to ensure that CDSS has clear
non-discrimination policies to ensure gay and lesbian foster
youth and foster care providers are treated with dignity,
respect and support. It is also intended to protect the right
of foster youth to the free exercise of religion.
The bill explicitly states within the foster care context, many
rights already granted or implied under current law and policy
that prohibit discrimination based on sexual orientation and
religion. According to a 2001 report issued by the Lambda
Legal Defense and Education Fund, there are a number of areas
in which CDSS' child welfare services and foster care
regulations do not expressly prohibit discrimination based on
sexual orientation.
Proponents contend that youth in foster care face numerous
difficulties due to general lack of understanding and
sensitivity to gay and lesbian issues. Besides the trauma of
removal from their homes, these youth face additional
challenges because of their sexual orientation or gender
identity issues. They may face ignorance or hostility from
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social workers or foster parents who do not understand their
struggles.
2)Opposition . When this bill was heard in the Assembly Human
Services Committee, opponents stated their general opposition
to homosexuality and argued the bill would "encourage the
perpetuation of a harmful lifestyle upon many foster youth."
They also asserted 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.
Analysis Prepared by : Joyce Iseri / APPR. / (916) 319-2081