BILL ANALYSIS Ó AB 1856 Page 1 ASSEMBLY THIRD READING AB 1856 (Ammiano) As Introduced February 22, 2012 Majority vote HUMAN SERVICES 4-1 APPROPRIATIONS 12-4 ----------------------------------------------------------------- |Ayes:|Beall, Ammiano, Hall, |Ayes:|Fuentes, Blumenfield, | | |Portantino | |Bradford, Charles | | | | |Calderon, Campos, Davis, | | | | |Gatto, Hall, Hill, Lara, | | | | |Mitchell, Solorio | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Jones |Nays:|Donnelly, Nielsen, Norby, | | | | |Wagner | ----------------------------------------------------------------- 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 eight 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 AB 1856 Page 2 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 : 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 eight 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 identity, 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 AB 1856 Page 3 on the rights described in 5) above. FISCAL EFFECT : According to the Assembly Appropriations Committee, costs of adding this component to existing training should be minor and absorbable within existing resources. COMMENTS : Equality California (EQCA), the sponsor of this bill, cites recent studies estimating that LGBT youth comprise between 5-10% 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 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. AB 1856 Page 4 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. 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 reinforcing self-esteem. AB 3062 (Goldsmith and 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 eight hours of training annually. Analysis Prepared by : Eric Gelber / HUM. S. / (916) 319-2089 AB 1856 Page 5 FN: 0003401