BILL ANALYSIS Ó
AB 1856
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1856 (Ammiano)
As Amended August 20, 2012
Majority vote
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|ASSEMBLY: |49-25|(May 3, 2012) |SENATE: |23-13|(August 23, |
| | | | | |2012) |
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Original Committee Reference: HUM. S.
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
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
AB 1856
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adequate care to LGBT youth in out-of-home care.
The Senate amendments address chaptering out conflicts with the
mental health services budget trailer bill SB 1009 (Budget and
Fiscal Review Committee), Chapter 34, Statutes of 2012.
AS PASSED BY THE ASSEMBLY , requires foster care providers to
receive instruction on cultural competency and sensitivity with
respect to LGBT youth in out-of-home care.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible states
costs.
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
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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.
Analysis Prepared by : Chris Reefe / HUM. S. / (916) 319-2089
FN: 0005350