BILL ANALYSIS Ó AB 1856 Page 1 Date of Hearing: April 10, 2012 ASSEMBLY COMMITTEE ON HUMAN SERVICES Jim Beall Jr., Chair AB 1856 (Ammiano) - As Introduced: February 22, 2012 SUBJECT : Foster care services: cultural competency SUMMARY : Requires foster care providers to receive instruction on cultural competency and sensitivity with respect to lesbian, gay, bisexual, and transgender (LGBT) youth in out-of-home care. Specifically, this bill : 1)Requires that the Department of Social Services (DSS)-approved certification program for group home administrators that must be completed prior to employment include, within the 40 hours of required classroom instruction, training on cultural competency and sensitivity relating to, and best practices for, providing adequate care to LGBT youth in out-of-home care. 2)Requires that the training provided by foster family agencies to certified foster families include, within the 12 hours of required pre-placement training and within the 8 hours of required annual post-placement training, instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to LGBT youth in out-of-home care. 3)Requires community college districts with a foster care education program to include among the topics included in the orientation and training provided to relative or nonrelative extended family member caregivers into whose care the county has placed a foster child, instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to LGBT youth in out-of-home care. 4)Adds to the delineated rights of all children in foster care the right to have caregivers and child welfare personnel who have received instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to LGBT youth in out-of-home care. EXISTING LAW AB 1856 Page 2 1)Provides, under the California Community Care Facilities Act, for the licensing and regulation of community care facilities, including group homes and foster family agencies, by DSS. 2)Requires DSS to develop a certification program to ensure that group home administrators have appropriate training to provide appropriate care and services, including a minimum of 40 hours of classroom instruction providing training on a uniform core of knowledge in designated core areas. 3)Requires foster family agencies to provide a program of training for their certified foster families covering designated topics, including a minimum of 12 hours before placement of any foster children with the foster parent, and a minimum of 8 hours of foster parent training annually. 4)Requires community college districts with a foster care education program to make available orientation and training to relative or nonrelative extended family member caregivers into whose care the county has placed a foster child, including courses covering designated topics. 5)Establishes state policy that all children in foster care have delineated rights, including the right not to be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identify, mental or physical disability, or HIV status. 6)Requires training for licensed foster parents, both pre-placement and post-placement of a foster child, relative caregivers, group home administrators, and licensing personnel in group homes and foster family agencies to include training on the rights described in paragraph 5), above. FISCAL EFFECT : Unknown COMMENTS : Equality California (EQCA), the sponsor of this bill, cites recent studies estimating that LGBT youth comprise between 5 and 10 percent of the total foster youth population. As the summary of one recent report notes, "LGBT youth in foster care systems suffer from many problems because of prejudice against their sexual orientation or their non-conformity to gender stereotypes. These problems include a complete lack of recognition of their existence and needs by child welfare AB 1856 Page 3 systems, insensitive and discriminatory treatment, and outright harassment and violence by peers, foster parents, and child welfare staff." Youth in the Margins: A Report on the Unmet Needs of Lesbian, Gay, Bisexual, and Transgender Adolescents in Foster Care, Lambda Legal Defense and Education Fund (2001). The author of this bill reports that "LGBT youth are disproportionately targeted for harassment and discrimination in the foster care system. This abuse is perpetrated not only by youth peers, but in some cases by facility staff, foster parents, and other service providers. When the abuse is between peers, the harassment is often condoned by facility staff or goes unaddressed." The author further notes that: Unlawful discrimination also occurs in the form of confiscating LGBT supportive materials or refusing to allow the youth to participate in LGBT supportive services and events, such as youth groups, LGBT centers, or gay prom. There are also instances in which caregivers or service providers refuse to use the youth's requested name or pronoun, prohibit them from wearing clothes consistent with their gender identity, or actively try to change their sexual orientation or gender identity with "reparative" or conversion counseling. Often, staff members choose to isolate the youth from their peers in foster care or transfer them to a new placement if there is harassment or assault rather than resolving the underlying prejudice and providing supportive services. As the author and sponsor point out, foster youth caregivers must undergo training regarding foster youth rights and protections as a part of their certification. That includes training on the right of children in foster care to not be subjected to discrimination or harassment on the basis of sexual orientation or gender identity. Existing training does not, however, provide foster youth caregivers with the information to address the wide range of issues and needs specific to LGBT youth. Suggested amendments This bill expands the curricula of existing trainings to include instruction on cultural competency and sensitivity with respect to LGBT youth in out-of-home care. It does not, however, expand AB 1856 Page 4 the required hours or provide for additional funding to accommodate these subject areas. It must be noted, therefore, that the impact of this bill, to the extent it expands the curricula of required trainings, will be that correspondingly less time will be spent on the other required subject areas for these trainings. To the extent it creates a new subject are for training, it may also have associated costs. As an alternative to adding a new training topic, and to avoid any attendant costs, the author may wish to consider amending this bill to, instead, clarify that existing statutory training requirements-for example, on "the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status"-include instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to LGBT youth in out-of-home care. Prior legislation : AB 3015 (Brownley), Chapter 557, Statutes of 2008 - Requires mandatory training programs for administrators, licensed foster parents, and relative caregivers include basic instruction on existing laws regarding the safety of foster youth at school. AB 458 (Chu), Chapter 331, Statutes of 2003 - Requires that training programs for foster caregivers address rights of foster youth to ensure that foster children are not subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status. AB 899 (Liu), Chapter 683, Statutes of 2001 - Outlines rights of foster youth and requires that social workers make these rights known to foster youth. SB 916 (Vasconcellos), Chapter 542, Statutes of 1997 - Requires the pre-placement training for foster youth caregivers to include the importance of self-esteem, and requires the annual training to include positive discipline and the importance of AB 1856 Page 5 reinforcing self-esteem. AB 3062 (Goldsmith & Friedman), Chapter 1016, Statutes of 1996 - Requires every licensed foster parent to complete a minimum of 12 hours of training as a condition to the placement of any foster children with the foster parent, and an additional minimum of 8 hours of training annually. REGISTERED SUPPORT / OPPOSITION : Support Equality California (EQCA) (sponsor) L.A. Gay & Lesbian Center (sponsor) Advancement Project Alameda County Foster Youth Alliance Aspiranet California Communities United Institute California National Organization for Women California Teachers Association California Youth Connection Children's Law Center of California Children's Rights Project at Public Council Hathaway-Sycamores child and Family Services Larkin Street Legal Advocates for Children and Youth Penny Lane Centers The Honorable Betty Yee, First District Member, State Board of Equalization The Village Family Services Opposition California Right to Life Analysis Prepared by : Eric Gelber / HUM. S. / (916) 319-2089