SB 731, as introduced, Leno. Foster children: housing: gender identity.
Existing law provides for the licensure and regulation by the Community Care Licensing Division of the State Department of Social Services of various out-of-home facilities for children and nonminor dependents in foster care, including, among others, licensed foster family homes, certified family homes, and group homes. Existing regulations prohibit children of the opposite sex from sharing a bedroom in those placements unless each child is under five years of age.
This bill would require foster children and nonminor dependents in out-of-home-care to be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. The bill would require the division to promulgate regulations implementing these provisions. By expanding the duties of counties relating to the placement of foster children and nonminor dependents, this bill would impose a state-mandated local program.
Existing law provides that it is the policy of the state that all minors and nonminors in foster care have specified rights, including, among others, the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
This bill would additionally specify that all minors and nonminors in foster care have the right to be placed in out-of home care according to their gender identity, regardless of the gender or sex listed in their court or child welfare records.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 1502.8 is added to the Health and Safety
2Code, to read:
(a) Foster children and nonminor dependents in
4out-of-home care shall be placed according to their gender identity,
5regardless of the gender or sex listed in their court or child welfare
6records.
7(b) The department’s Community Care Licensing Division shall
8promulgate regulations implementing this section.
Section 16001.9 of the Welfare and Institutions Code
10 is amended to read:
(a) It is the policy of the state that all minors and
12nonminors in foster care shall have the following rights:
13(1) To live in a safe, healthy, and comfortable home where he
14or she is treated with respect.
15(2) To be free from physical, sexual, emotional, or other abuse,
16or corporal punishment.
17(3) To receive adequate and healthy food, adequate clothing,
18and, for youth in group homes, an allowance.
19(4) To receive medical, dental, vision, and mental health
20services.
P3 1(5) To be free of the administration of
medication or chemical
2substances, unless authorized by a physician.
3(6) To contact family members, unless prohibited by court order,
4and social workers, attorneys, foster youth advocates and
5supporters, Court Appointed Special Advocates (CASAs), and
6probation officers.
7(7) To visit and contact brothers and sisters, unless prohibited
8by court order.
9(8) To contact the Community Care Licensing Division of the
10State Department of Social Services or the State Foster Care
11Ombudsperson regarding violations of rights, to speak to
12representatives of these offices confidentially, and to be free from
13threats or punishment for making complaints.
14(9) To make and receive confidential telephone calls and send
15and receive unopened mail, unless prohibited by court
order.
16(10) To attend religious services and activities of his or her
17choice.
18(11) To maintain an emancipation bank account and manage
19personal income, consistent with the child’s age and developmental
20level, unless prohibited by the case plan.
21(12) To not be locked in a room, building, or facility premises,
22unless placed in a community treatment facility.
23(13) To attend school and participate in extracurricular, cultural,
24and personal enrichment activities, consistent with the child’s age
25and developmental level, with minimal disruptions to school
26attendance and educational stability.
27(14) To work and develop job skills at an age-appropriate level,
28consistent with state law.
29(15) To have social contacts with people outside of the foster
30care system, including teachers, church members, mentors, and
31friends.
32(16) To attend Independent Living Program classes and activities
33if he or she meets age requirements.
34(17) To attend court hearings and speak to the judge.
35(18) To have storage space for private use.
36(19) To be involved in the development of his or her own case
37plan and plan for permanent placement.
38(20) To review his or her own case plan and plan for permanent
39placement, if he or she is 12 years of age or older and in a
40permanent placement, and to receive information about his or her
P4 1out-of-home
placement and case plan, including being told of
2changes to the plan.
3(21) To be free from unreasonable searches of personal
4belongings.
5(22) To the confidentiality of all juvenile court records consistent
6with existing law.
7(23) To have fair and equal access to all available services,
8placement, care, treatment, and benefits, and to not be subjected
9to discrimination or harassment on the basis of actual or perceived
10race, ethnic group identification, ancestry, national origin, color,
11religion, sex, sexual orientation, gender identity, mental or physical
12disability, or HIV status.
13(24) To be placed in out-of home care according to their gender
14identity, regardless of the
gender or sex listed in their court or
15child welfare records.
16(24)
end delete
17begin insert(2end insertbegin insert5)end insert To have caregivers and child welfare personnel who have
18received instruction on cultural competency and sensitivity relating
19to, and best practices for, providing adequate care to lesbian, gay,
20bisexual, and transgender youth in out-of-home care.
21(25)
end delete
22begin insert(2end insertbegin insert6)end insert At 16 years of age or older, to have access to existing
23information regarding the educational options available, including,
24but not limited to, the coursework necessary for vocational and
25postsecondary educational programs, and information regarding
26financial aid for postsecondary education.
27(26)
end delete
28begin insert(2end insertbegin insert7)end insert To have access to age-appropriate, medically accurate
29information about reproductive health care, the prevention of
30unplanned pregnancy, and the prevention and treatment of sexually
31transmitted infections at 12 years of age or older.
32(b) Nothing in this section shall be interpreted to require a foster
33care provider to take any action that would impair the health and
34safety of children in out-of-home placement.
35(c) The State Department of Social Services and each county
36welfare department are encouraged to work with the Student Aid
37Commission, the University of California, the California State
38University, and the California Community Colleges to receive
39information pursuant to paragraphbegin delete (23)end deletebegin insert (26)end insert of subdivision (a).
If the Commission on State Mandates determines that
2this act contains costs mandated by the state, reimbursement to
3local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.
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