BILL NUMBER: SB 731 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Leno
(Coauthor: Senator Beall)
FEBRUARY 27, 2015
An act to add Section 1502.8 to the Health and Safety Code, and to
amend Section 16001.9 of the Welfare and Institutions Code, relating
to foster care.
LEGISLATIVE COUNSEL'S DIGEST
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 1. Section 1502.8 is added to the Health and Safety Code,
to read:
1502.8. (a) Foster children and nonminor dependents in
out-of-home care shall be placed according to their gender identity,
regardless of the gender or sex listed in their court or child
welfare records.
(b) The department's Community Care Licensing Division shall
promulgate regulations implementing this section.
SEC. 2. Section 16001.9 of the Welfare and Institutions Code is
amended to read:
16001.9. (a) It is the policy of the state that all minors and
nonminors in foster care shall have the following rights:
(1) To live in a safe, healthy, and comfortable home where he or
she is treated with respect.
(2) To be free from physical, sexual, emotional, or other abuse,
or corporal punishment.
(3) To receive adequate and healthy food, adequate clothing, and,
for youth in group homes, an allowance.
(4) To receive medical, dental, vision, and mental health
services.
(5) To be free of the administration of medication or chemical
substances, unless authorized by a physician.
(6) To contact family members, unless prohibited by court order,
and social workers, attorneys, foster youth advocates and supporters,
Court Appointed Special Advocates (CASAs), and probation officers.
(7) To visit and contact brothers and sisters, unless prohibited
by court order.
(8) To contact the Community Care Licensing Division of the State
Department of Social Services or the State Foster Care Ombudsperson
regarding violations of rights, to speak to representatives of these
offices confidentially, and to be free from threats or punishment for
making complaints.
(9) To make and receive confidential telephone calls and send and
receive unopened mail, unless prohibited by court order.
(10) To attend religious services and activities of his or her
choice.
(11) To maintain an emancipation bank account and manage personal
income, consistent with the child's age and developmental level,
unless prohibited by the case plan.
(12) To not be locked in a room, building, or facility premises,
unless placed in a community treatment facility.
(13) To attend school and participate in extracurricular,
cultural, and personal enrichment activities, consistent with the
child's age and developmental level, with minimal disruptions to
school attendance and educational stability.
(14) To work and develop job skills at an age-appropriate level,
consistent with state law.
(15) To have social contacts with people outside of the foster
care system, including teachers, church members, mentors, and
friends.
(16) To attend Independent Living Program classes and activities
if he or she meets age requirements.
(17) To attend court hearings and speak to the judge.
(18) To have storage space for private use.
(19) To be involved in the development of his or her own case plan
and plan for permanent placement.
(20) To review his or her own case plan and plan for permanent
placement, if he or she is 12 years of age or older and in a
permanent placement, and to receive information about his or her
out-of-home placement and case plan, including being told of changes
to the plan.
(21) To be free from unreasonable searches of personal belongings.
(22) To the confidentiality of all juvenile court records
consistent with existing law.
(23) 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.
(24) 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.
(24)
(2 5) To have caregivers and child welfare
personnel who have received instruction on cultural competency and
sensitivity relating to, and best practices for, providing adequate
care to lesbian, gay, bisexual, and transgender youth in out-of-home
care.
(25)
(2 6) At 16 years of age or older, to have
access to existing information regarding the educational options
available, including, but not limited to, the coursework necessary
for vocational and postsecondary educational programs, and
information regarding financial aid for postsecondary education.
(26)
(2 7) To have access to age-appropriate,
medically accurate information about reproductive health care, the
prevention of unplanned pregnancy, and the prevention and treatment
of sexually transmitted infections at 12 years of age or older.
(b) Nothing in this section shall be interpreted to require a
foster care provider to take any action that would impair the health
and safety of children in out-of-home placement.
(c) The State Department of Social Services and each county
welfare department are encouraged to work with the Student Aid
Commission, the University of California, the California State
University, and the California Community Colleges to receive
information pursuant to paragraph (23) (26)
of subdivision (a).
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.