BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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          |SENATE RULES COMMITTEE            |                  AB 2651|
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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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