BILL ANALYSIS
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THIRD READING
Bill No: AB 2651
Author: Chu (D), et al
Amended: 8/8/02 in Senate
Vote: 21
SENATE HEALTH & HUMAN SERV. COMMITTEE : 8-1, 6/5/02
AYES: Ortiz, Chesbro, Escutia, Figueroa, Kuehl, Polanco,
Romero, Vasconcellos
NOES: Battin
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 41-32, 5/20/02 - See last page for vote
SUBJECT : Foster youth: sexual orientation and religious
affiliation
SOURCE : Author
DIGEST : This bill makes explicit the current rights of
children and providers in the foster care system relating
to sexual orientation and religion.
Senate Floor Amendments of 8/8/02 delete provisions of the
bill related to the religious affiliation of foster youth,
clarify the types of discrimination or harassment which are
prohibited, incorporate provisions of new sections created
by the bill into relevant sections of existing law and add
chaptering out provisions.
ANALYSIS :
CONTINUED
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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 race,
color, national origin, political affiliation,
religion, marital status, gender, age, disability,
sexual orientation or gender identity in the delivery
of services and benefits.
B. Prohibiting discrimination against any person,
including discrimination based on the sexual
orientation or gender identity 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 the intent of the Legislature that the Office of
the State Foster Care Ombudsperson address complaints
brought by all foster youth, including gay, lesbian,
bisexual or transgender foster youth and that the
Ombudsperson's toll-free telephone number be made
available to all youth in foster care to use for any
reason, including, but not limited to, if a youth in
foster care is being physically, sexually, or emotionally
abused, regardless of whether the abuse is specifically
related to his or her sexual orientation or gender
identity.
4.Requires the Ombudsperson to refer allegations of
licensing violation to Community Care licensing, within
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DSS, and allegations of civil rights violations to the
Office of Civil Rights.
5.Requires the state to recruit gay, lesbian, and other
foster care providers, in the same way it recruits other
minority foster care providers.
6.Amends current law on training to permit the training to
include sensitivity to issues related to sexual
orientation and gender identity.
7.Incorporates additional changes in Section 16164 of the
Welfare and Institutions Code, proposed by AB 2294 (Liu),
to be operative only if AB 2294 and this bill are both
enacted and become effective on or before January 1,
2003, and this bill is enacted last.
Comments
According to the author's office, this bill is intended to
ensure that DSS has clear non-discrimination policies
concerning gay, lesbian, bisexual or transgender 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/9/02)
California Alliance for Pride and Equality (source)
American Civil Liberties Union
American Federation of State, County and Municipal
Employees (AFSCME)
Asian Pacific Islanders for Human Rights
Being Alive, Los Angeles
California Alliance for Pride and Equality
California Coalition for Youth
California National Organization for Women
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California Psychiatric Association
Children's Advocacy Institute
Delhaven Christian Church
Inter-Agency Council on Child Abuse and Neglect
Jewish Family Services of Los Angeles
Los Angeles Affiliate of the National Association of
Counsel for Children
Los Angeles Gay and Lesbian Center
Lambda Legal
National Association of Counsel for Children, Los Angeles
Affiliate
National Association of Social Workers
New Philadelphia AME Church
Planned Parenthood Affiliates of California
Southern California HIV Advocacy Coalition
67 individuals
OPPOSITION : (Verified 8/9/02)
Bethany Christian Services
Brotherhood Organization of a New Destiny
California Catholic Conference
Campaign for California Families
Capitol Resource Institute
Committee on Moral Concerns
Congressman William E. Dannemeyer
Department of Finance
Hosanna Homes
ARGUMENTS IN 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
difficulties as a result of a general lack of understanding
and sensitivity to gay and lesbian issues. Sometimes youth
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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.
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.
ARGUMENTS IN OPPOSITION : 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 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."
ASSEMBLY FLOOR :
AYES: Alquist, Aroner, Calderon, Canciamilla, Cardenas,
Chan, Chavez, Chu, Cohn, Corbett, Diaz, Dutra, Firebaugh,
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Frommer, Goldberg, Hertzberg, Horton, Jackson, Keeley,
Kehoe, Koretz, Liu, Longville, Lowenthal, Migden, Nakano,
Nation, Negrete McLeod, Oropeza, Pavley, Reyes, Salinas,
Simitian, Steinberg, Strom-Martin, Thomson, Vargas,
Wayne, Wiggins, Wright, Wesson
NOES: Aanestad, Ashburn, Bates, Bogh, Briggs, Bill
Campbell, John Campbell, Cogdill, Cox, Daucher,
Dickerson, Florez, Harman, Hollingsworth, Kelley, La
Suer, Leach, Leonard, Leslie, Maddox, Maldonado,
Mountjoy, Robert Pacheco, Rod Pacheco, Papan, Pescetti,
Richman, Runner, Strickland, Wyland, Wyman, Zettel
CP:cm 8/9/02 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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