BILL ANALYSIS
SENATE HEALTH AND HUMAN SERVICES
COMMITTEE ANALYSIS
Senator Deborah V. Ortiz, Chair
BILL NO: AB 2651
A
AUTHOR: Chu
B
AMENDED: May 30, 2002
HEARING DATE: June 5, 2002
2
FISCAL: Appropriations
6
5
CONSULTANT:
1
Margolis / ak
SUBJECT
Foster Youth: sexual orientation and religious affiliation
SUMMARY
This bill makes explicit the current rights of children and
providers in the foster care system relating to sexual
orientation and religion.
ABSTRACT
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
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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 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 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.
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.
1.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, lesbian, or transgendered
youth in foster care.
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2.States the intent of the Legislature that the training of
foster parents and caregivers include the following
topics:
a. Policies and state laws prohibiting discrimination
based on sexual orientation, gender identity, and HIV
or AIDS status.
b. Sensitivity to sexual orientation, gender identity,
and the challenges faced by gay, lesbian, and
transgendered youth, and youth who have been sexually
or physically abused.
c. Educating gay or lesbian youth about their
sexuality and sexual health.
d. The policies of the Department of Social Services
(DSS) regarding gay, lesbian, and transgendered youth.
1.States that it is the goal of the state to ensure that
children in foster care maintain contact with their
families and communities, including religious
communities.
2.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 the right of these children to the free
exercise of religion.
1.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.
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2.Requires the Ombudsperson to refer allegations of
licensing violation to Community Care licensing, within
DSS, and allegations of civil rights violations to the
Office of Civil Rights.
FISCAL IMPACT
The Assembly Appropriations Committee states that the bill
would result in minor, absorbable costs to DSS to issue
regulations and comply with the bill. According to the
Committee, DSS already is in compliance because of current
non-discrimination statutes. Minor costs would also result
to counties--under $100,000 annually--for the social worker
to ask if a child being considered for removal has a
religious affiliation.
BACKGROUND AND DISCUSSION
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."
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.
The Gay and Lesbian Adolescent Social Services (GLASS)
reports that youth in foster care face numerous
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difficulties as a result of a general lack of understanding
and sensitivity 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.
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.
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 ultimately these requirements
will drive some foster parents out of the system, who
otherwise would have provided safe, stable homes for some
kids. The Campaign for California Families states that "AB
2561 could drive conscientious, caring foster parents out
of the system by pressuring them to promote transsexual,
bisexual and homosexual behavior under their own roofs."
The Traditional Values Coalition believes that the language
in the bill on training is too vague and states that,
"Given that the bill in other provisions clearly advocates
for the positive portrayal of 'gay and lesbian youth,' one
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can conclude that the truth regarding the medical harms of
such sexual activity would be omitted and the inaccuracies
constantly put forth would be included."
Comments and proposed amendments:
1.A technical amendment is needed due to the ambiguity of
the term "caregivers" on page 4, line 27.
On page 4, line 27, strike "caregivers and" and after
"foster parents" insert:
", group home staff, and foster care social workers,"
2.It is not necessary to require DSS to promulgate
regulations in order to ensure that social workers
inquire about the religious affiliation of a child being
removed from a home, especially given that they already
do this in the context of gaining a comprehensive
understanding of the needs and unique characteristics of
the child.
On page 5, strike line 8 and insert: "(a) Ensure that"
3.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. 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. Furthermore, it is
unclear what "religious affiliation" means in the context
of very young children.
On page 5, at the beginning of line 10, insert: "and,
in the social worker's judgment, the child is old
enough to consider him or herself affiliated with a
particular religion,"
On page 5, line 13, after "efforts" insert: ", as
appropriate within the context of many priorities in
making placements,"
4.The language in the bill on page 7, lines 8 to 11, could
be construed to mean that the Legislature's intent for
the toll-free telephone number is only for gay and
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lesbian youth who are being abused. The language should
be clarified to state that, in addition to all other
foster care children and all other reasons, the telephone
number also should be available to gay and lesbian youth
so that they have another resource, in addition to law
enforcement and child protective services, if they are
ever abused while in foster care.
On page 7, strike lines 8 through 11 inclusive, and
replace with the following:
"(c) It is the intent of the Legislature that the
toll-free telephone number be made available to all
youth in foster care to use for any reason, including
if they are being physically, sexually, or emotionally
abused, whether specifically related to their sexual
orientation or gender identity, or for any other
reason."
PRIOR ACTIONS
Assembly Floor: 41 - 32 Pass
Assembly Appropriations: 15 - 6 Do Pass
Assembly Human Services: 4 - 2 Do Pass
POSITIONS
Support: California Alliance for Pride and Equality
(sponsor)
American Civil Liberties Union
California Coalition for Youth
California HIV Advocacy Coalition, Southern
California
California National Organization for Women
Children's Advocacy Institute
Inter-Agency Council on Child Abuse and
Neglect
Jewish Family Services of Los Angeles
L.A. Gay and Lesbian Center
Lambda Legal
National Association of Counsel for
Children,
Los Angeles Affiliate
Planned Parenthood Affiliates of California
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Oppose: Brotherhood Organization of a New Destiny
Campaign for California Families
Capitol Resource Institute
Committee on Moral Concerns
Hosanna Homes
Traditional Values Coalition
Bill Horn, San Diego County Supervisor
67 individuals
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