BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    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,  
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          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.


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          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.


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           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  

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          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

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