BILL ANALYSIS Ó AB 868 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 868 (Ammiano) As Amended June 25, 2013 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |49-20|(May 16, 2013) |SENATE: |26-11|(August 19, | | | | | | |2013) | ----------------------------------------------------------------- Original Committee Reference: JUD. SUMMARY : Seeks to integrate gender identity, sexual orientation, and cultural competency and sensitivity curriculum relating to providing adequate care to lesbian, gay, bisexual, and transgender (LGBT) youth into existing judicial training programs. Specifically, this bill : 1)Requires that training programs for judges, referees, commissioners, mediators, and others who perform duties in family law matters include instruction in all aspects of family law, including the effects of gender identity and sexual orientation on family law proceedings. 2)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. 3)Requires that initial and ongoing training programs to all persons acting as a court-appointed special advocate (CASA) include cultural competency and sensitivity relating to, and best practices for, providing adequate care to LGBT youth. The Senate amendments clarify that the training covered by this bill shall include instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth. FISCAL EFFECT : According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. COMMENTS : This bill seeks to integrate gender identity, sexual orientation, and cultural competency and sensitivity curriculum relating to providing adequate care to LGBT youth into existing AB 868 Page 2 judicial training programs. This bill is designed to provide court professionals with the education and training needed to better understand the intricately different cultural impacts LGBT youth experience. The author states that "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 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." According to information provided by the author, there is a disproportionate amount of LGBT youth in foster care because of the additional discrimination and abuse LGBT youth face in their families of origin and in their communities. While it is impossible to determine the exact number of LGBT youth in the foster care system, recent studies suggest that LGBT youth make up almost 18% of the total foster youth population. However, the actual percentage may be even higher since many do not disclose their gender identity or sexual orientation for fear of continued discrimination and harassment. Current law, supported previously by the Judicial Council, requires that the Judicial Council implement 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. This bill requires that the training also include the effects of gender identity and sexual orientation on family law proceedings. Additionally, training conducted by the Judicial Council for appointed counsel for a child who is not represented by counsel in juvenile dependency proceedings, under the bill, would be required to include a curriculum that also includes instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to LGBT youth. Likewise, initial and ongoing training required for persons acting as a CASA covers various topics, including, but not limited to, child development, under the bill, would be required to include a curriculum that also includes instruction on cultural competency and sensitivity AB 868 Page 3 relating to, and best practices for, providing adequate care to LGBT youth. California's Fair Employment and Housing Act prohibits discrimination or harassment on the basis of, including, but not limited to, sexual orientation, gender identity and gender expression. Additionally, under the Foster Care Anti-Discrimination Act of 2003, for example, all foster youth in California have the right to have fair and equal access to all available child welfare services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of, including, but not limited to, sexual orientation and gender identity. Because training is crucial to enable service providers to fulfill their responsibilities to provide safe and nondiscriminatory care, placement and services to foster youth, existing law mandates initial and ongoing training for all group home administrators, licensed foster parents, relative or nonrelative extended family member caregivers, and department licensing personnel. Furthermore, this measure is consistent with AB 1856 (Ammiano), Chapter 639, Statutes of 2012, which 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. This bill extends these training requirements to judicial employees. Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334 FN: 0001455