BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 868| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 868 Author: Ammiano (D), et al. Amended: 6/25/13 in Senate Vote: 21 SENATE JUDICIARY COMMITTEE : 5-2, 6/11/13 AYES: Evans, Corbett, Jackson, Leno, Monning NOES: Walters, Anderson SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 49-20, 5/16/13 - See last page for vote SUBJECT : Courts: training programs: gender identity and sexual orientation SOURCE : Author DIGEST : This bill requires that the Judicial Council establish training programs for judges and others who perform duties in family law matters, on the effects of gender identity and sexual orientation in family law proceedings. This bill also requires the Judicial Council to create training standards on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender (LGBT) youth for counsel in juvenile court and appointed special advocates (CASAs). ANALYSIS : Existing law requires the Judicial Council to perform various duties designed to assist the judiciary, CONTINUED AB 868 Page 2 including establishing judicial training programs for judges, referees, commissioners, mediators, and others who perform duties in family law matters that include instruction in all aspects of family law, including the effects of gender on family law proceedings. (Government Code Section 68553.) This bill adds that the training programs above must include training on the effects of gender identity and sexual orientation in family law proceedings. Existing law establishes the jurisdiction of the juvenile court, which is authorized to adjudge certain children to be dependents of the court under certain circumstances, including extreme abuse or neglect. (Welfare & Institutions Code [WIC] Section 300 et seq.) Existing law requires the juvenile court to appoint counsel if a child or nonminor dependent is not represented by counsel. Existing law requires the Judicial Council to promulgate rules and guidelines that establish, among other things, training requirements for appointed counsel for children. (WIC Section 317 (c)) This bill requires that training programs for appointed counsel for a child include instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to LGBT youth. Existing law requires the Judicial Council, through its rules and regulations, to require an initial and ongoing training program for all persons acting as a CASA which covers various topics, including, but not limited to, dynamics of child abuse and neglect, social service systems, and child development. (WIC Section 102 (d)) This bill requires that the initial and ongoing training programs for all CASAs include cultural competency and sensitivity relating to, and best practices for, providing adequate care to LGBT youth. Existing law requires the Judicial Council to develop and implement standards for the education and training of all judges who conduct dependency hearings. CONTINUED AB 868 Page 3 This bill requires that training to include instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth. Background LGBT youth are significantly over represented in the juvenile justice system. Although LGBT youth only represent 5% to 7% of the nation's overall youth population, they compose nearly 15% of those currently in the juvenile justice system. (Jerome Hunt and Aisha C. Moodie-Mills, The Unfair Criminalization of Gay and Transgender Youth, June 29, 2012.) Yet, despite the disproportionality high rates of LGBT youth entering the child welfare system, it is not clear that schools, law enforcement officers, or the courts are equipped to deal with the unique experiences and challenges this particular population faces. Research shows that LGBT youth in the child welfare system are twice as likely to have experienced family conflict, child abuse, and homelessness as other youth. (Irvine, We've had three of them: Addressing the invisibility of lesbian, gay, bisexual, and gender non-conforming youths in the juvenile justice system, (2010) 19 Colum. J. Gender & L. 675.) Many of these youth leave their homes to escape conflict or emotional and physical abuse, but often they are pushed out of the home by their own families. Those who escape hostility and abuse at home are very likely to end up homeless. In fact, LGBT youth represent up to 40% of the homeless youth population, even though they compose less than 7% of the youth population overall. (Jeff Krehely, Nico Sifra Quintana,and Josh Rosenthal, On the Streets, Washington: Center for American Progress, 2010.) Once in the child welfare system, LBGT youth are often at risk of biases and discrimination, and of being inappropriately classified and according to their birth sex rather than by their gender identity. Seeking to address a systematic lack of training with respect to the needs of LGBT youth in the foster system, AB 1856 (Ammiano, Chapter 639, Statutes of 2012) required training for group home administrators, foster parents, and relative caregivers, as specified, to include instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to LGBT youth in out-of-home-care. CONTINUED AB 868 Page 4 Prior Legislation AB 1856 (Ammiano, Chapter 639, Statutes of 2012) required the training for administrators of a group home facility, licensed foster parents, and relative or nonrelative extended family member caregivers to also include instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to LGBT youth in out-of-home care. AB 2845 (Connolly, Chapter 688, Statutes of 1994) required Judicial Council to collect and analyze information on the effects of allegations of child abuse or neglect and integrate into its family law judicial training programs. SB 1209 (Roberti, Chapter 1134, Statutes of 1987) required Judicial Council to establish judicial training programs that includes instruction in all aspects of family law, including the effects of gender on family law proceedings for judges, referees, commissioners, mediators, and others as deemed appropriate who perform duties in family law matters. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 6/25/13) Children's Law Center of California Dependency Legal Group of San Diego East Bay Children's Law Offices Equality California National Association of Social Workers, California Chapter OPPOSITION : (Verified 6/25/13) California Catholic Conference ARGUMENTS IN SUPPORT : According to the author, "LGBT youth are disproportionately targeted for harassment and discrimination in the child welfare system. This abuse is perpetrated not only by youth peers, but in some cases by facility staff, and other service providers including foster parents, relative caregivers, and the courts. By providing judges, court appointed youth counsel and CASAs with training specific to LGBT youth and guidance on proper measures the CONTINUED AB 868 Page 5 courts should take to ensure a supportive and safe environment, we can reduce the discrimination that some LGBT foster youth experience and impose outcomes for these youth." ARGUMENTS IN OPPOSITION : In opposition to this bill the California Catholic Conference (CCC) argues that court professionals already have extensive experience dealing with these issues. CCC writes, "this mandate seems to assume that [court professionals] won't know how to deal with gender and orientation issues. That is very unlikely, due to the high level of publicity surrounding these issues. ? However, if the sponsor and author of this bill truly think that the court professionals are untrained and unknowledgeable ? we suggest private funds be sought-not public-to offer training opportunities as deemed necessary by those professionals in the field." ASSEMBLY FLOOR : 49-20, 5/16/13 AYES: Alejo, Ammiano, Atkins, Bloom, Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chesbro, Cooley, Dickinson, Eggman, Fong, Frazier, Garcia, Gatto, Gomez, Gordon, Gray, Hall, Roger Hernández, Jones-Sawyer, Levine, Lowenthal, Medina, Mitchell, Mullin, Muratsuchi, Nazarian, Pan, Perea, V. Manuel Pérez, Quirk, Rendon, Salas, Skinner, Ting, Torres, Weber, Wieckowski, Williams, Yamada, John A. Pérez NOES: Achadjian, Bigelow, Chávez, Conway, Dahle, Donnelly, Beth Gaines, Gorell, Hagman, Harkey, Jones, Linder, Logue, Maienschein, Mansoor, Olsen, Patterson, Wagner, Waldron, Wilk NO VOTE RECORDED: Allen, Daly, Fox, Grove, Holden, Melendez, Morrell, Nestande, Quirk-Silva, Stone, Vacancy AL:d 6/25/13 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED