BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2651| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 AB 2651 Page 2 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 AB 2651 Page 3 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 AB 2651 Page 4 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 AB 2651 Page 5 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, AB 2651 Page 6 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 **** END ****