BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 868|
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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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AB 868
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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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