BILL ANALYSIS Ó
AB 868
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 868 (Ammiano)
As Amended June 25, 2013
Majority vote
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|ASSEMBLY: |49-20|(May 16, 2013) |SENATE: |26-11|(August 19, |
| | | | | |2013) |
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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
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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
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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