BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2651
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 2651 (Chu)
          As Amended August 8, 2002
          Majority vote
           
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          |ASSEMBLY:  |41-32|(May 20, 2002)  |SENATE: |23-12|(August 14,    |
          |           |     |                |        |     |2002)          |
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           Original Committee Reference:    HUM S.  

           SUMMARY  :  Establishes protections of the rights of youth in  
          foster care.  

           The Senate Amendments  :

          1)Delete the provisions of this bill stating the intent of the  
            Legislature to do the following:

             a)   Protect foster care providers from discrimination; 

             b)   Identify foster parents, including gay and lesbian  
               adults, who are interested in caring for gay or lesbian  
               youth in foster care; and, 

             c)   Include in the training of foster parents and caregivers  
               training on state anti-discrimination policies and  
               sensitivity to the challenges faced by gay and lesbian  
               youth;
             and instead modify the enhanced foster parent training  
               program by doing all of the following:

               i)   Require the Department of Social Services (DSS) to  
                 develop a training curriculum that includes training for  
                 foster parents on sensitivity to sexual orientation,  
                 gender identity, and the challenges faced by gay,  
                 lesbian, bisexual, or transgender youth, or youth with  
                 gender issues;

               ii)  Require DSS to evaluate current foster parent  
                 recruitment strategies and identify methods of targeting  
                 gay, lesbian, bisexual, or transgender foster parents;  
                 and,









                                                                  AB 2651
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               iii) Make enactment of the enhanced foster parent training  
                 program contingent upon funding appropriated by the  
                 Legislature.

          2)Delete the requirement that DSS promulgate regulations  
            regarding the identification of youth's religious affiliation  
            and that DSS locate placement resources in order to enable  
            foster children to practice their religious faith.

          3)Specify that it is the intent of the Legislature that the  
            Office of the Foster Care Ombudsperson (OFCO) address  
            complaints brought by all foster youth, including gay,  
            lesbian, bisexual, or transgender foster youth.

           AS PASSED BY THE ASSEMBLY  , this bill:  

          1)Added 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)Stated 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; and,

             c)   Prohibiting discrimination based on the human  
               immunodeficiency virus (HIV) or acquired immune deficiency  
               syndrome (AIDS) status of foster parents who are capable of  
               performing caregiver responsibilities.

          3)Stated that it is the goal of the state to identify foster  
            parents, including gay and lesbian adults, who are interested  
            in caring for gay or lesbian youth in foster care.

          4)Stated the intent of the Legislature that the training of  
            foster parents and caregivers include the following topics:









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             a)   The policies of DSS regarding gay and lesbian youth;

             b)   Policies and state laws prohibiting discrimination based  
               on sexual orientation and HIV or AIDS status;

             c)   Sensitivity to the challenges faced by gay or lesbian  
               youth; and,

             d)   Educating gay or lesbian youth about their sexuality and  
               sexual health.

          5)Stated that it is the goal of the state to ensure that  
            children in foster care maintain contact with their  
            communities, including religious communities, and requires DSS  
            to do both of 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; and, 

             b)   Make diligent efforts to locate placement resources  
               allowing foster children to practice their religious faith,  
               including activities that are necessary to protect  
               children's free exercise of religion.

          6)Stated the intent of the Legislature that the OFCO address  
            complaints brought by gay or lesbian youth.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, no fiscal effect.

           Analysis Prepared by  :    Andy Shaw / HUM. S. / (916) 319-2247  
          FN: 0006299