BILL ANALYSIS AB 2651 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2651 (Chu) As Amended August 8, 2002 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |41-32|(May 20, 2002) |SENATE: |23-12|(August 14, | | | | | | |2002) | ----------------------------------------------------------------- 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 Page 2 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: AB 2651 Page 3 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