BILL ANALYSIS Ó SENATE COMMITTEE ON HUMAN SERVICES Senator McGuire, Chair 2015 - 2016 Regular Bill No: SB 731 ----------------------------------------------------------------- |Author: |Leno | ----------------------------------------------------------------- |----------+-----------------------+-----------+-----------------| |Version: |February 27, 2015 |Hearing |April 21, 2015 | | | |Date: | | |----------+-----------------------+-----------+-----------------| |Urgency: |No |Fiscal: |Yes | ---------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Sara Rogers | |: | | ----------------------------------------------------------------- Subject: Foster children: housing: gender identity SUMMARY This bill provides that 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. Additionally, this bill adds the above requirement to the foster care bill of rights. ABSTRACT Existing law: 1)Enacts the California Community Care Facilities Act which provides for the licensure and regulation by the California Department of Social Services (CDSS) of community care facilities, as defined, including licensed foster family homes, foster family agencies that certify foster family homes, and group home facilities. (HSC 1500 et. seq) 2)Establishes the criteria by which a child who has suffered, or is at risk of suffering, significant abuse or harm shall be within the jurisdiction of the juvenile court which may adjudge that person to be a dependent child of the court. (WIC 300) SB 731 (Leno) PageB of? 3)Establishes, as the policy of the state, a series of rights provided to minors and nonminors in foster care, including: The right to have caregivers and child welfare personel 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. 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. (WIC 16001.9) 1)Requires group home administrator certification programs, foster parent trainings, and relative and nonrelative extended family member trainings to include 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. (HSC 1522.41, 1529.2, 16003) This bill: 1)Provides that 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. 2)Adds to the established rights afforded to minors and nonminors in foster care, the right to be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. FISCAL IMPACT SB 731 (Leno) PageC of? This bill has not been analyzed by a fiscal committee. BACKGROUND AND DISCUSSION Purpose of the bill: According to the author, many transgender youth face rejection, harassment, and physical abuse at the hands of their families, communities, and schools due to bias against their gender identity or expression. The author states that these children are at extremely high risk for poor health and mental health outcomes, risks that are magnified for children in foster care, many of whom have already experienced significant trauma. The author states that when a foster child is improperly placed without consideration of gender identity, the child may be at risk for further bullying, harassment, and abuse. The author additionally states that studies show that lesbian, gay, bisexual, and transgender (LGBT) youth are at much higher risk for homelessness, abuse, depression, and suicide and that an estimated 25 to 40 percent of LGBT homeless youth report leaving home due to conflicts with family members related to their sexual orientation or gender expression. A recent best practices guide published by the National Center for Lesbian Rights states:<1> Many transgender youth experience emotional distress and are at risk of abuse when placed in facilities according to their assigned birth sex. Because most group care facilities are segregated by sex, almost all transgender and gender non-conforming youth in group care are living in facilities that house either boys or girls, or where boys and girls are housed on separate units or in separate buildings. When facilities encounter transgender youth, ------------------------- <1> A Place of Respect: A Guide for Group Care Facilities Serving Transgender and Gender Non-Conforming Youth. National Center for Lesbian Rights, Spring 2011. SB 731 (Leno) PageD of? most often they place these youth according to their assigned birth sex rather than their gender identity, without considering other, more appropriate, options. Placing transgender youth with youth of the same assigned birth sex without doing an individualized analysis of the transgender youth's gender identity and related needs in this regard, can cause serious harm to the youth's well-being, create unnecessary safety risks, and may violate non-discrimination laws. In addition, once improperly placed, youth are frequently required to conform to gender norms that are inappropriate for them, which increase their levels of stress and discomfort. Group Homes Group homes are 24-hour residential facilities licensed by CDSS to provide board and care to foster youth from both the dependency and delinquency jurisdictions. Group home facilities are organized under a system of rate classification levels (RCLs) ranging from 1-14 that are based on levels of professional training and adult-to-child ratios. In practice, the majority of group homes are RCL 10 and above with nearly 50 percent of groups homes at RCL 12. There is wide variation in group home size from as few as six children to group homes that house more than 100 children. Existing law requires that children removed from their homes and made dependents of the court be placed in the most family-like and "least restrictive" setting. Existing law requires counties to seek timely permanent placements, such as guardianship or adoption, for dependent youth that are removed from their homes. Group homes, which provide an institutional type of care as opposed to a family like setting, are not intended to be long term placements, however in practice many children placed in group homes remain in that setting for the duration of their time in foster care, and many age out of the system while residing in group home placements. While in a group home program, it is intended that children receive services and treatment designed to eliminate or reduce the conditions, behaviors and characteristics that led to their group home SB 731 (Leno) PageE of? placement, and to teach new, adaptive skills and behavior.<2> Staff training Group homes are required to establish a "group home program statement" that includes a training plan that is appropriate for the client population and the training needs and skill level of child care staff. Through regulation, existing law provides that newly hired staff complete at least 24 hours of training within 90 days of being hired, and 40 hours within 12 months, as specified, with all existing staff receiving 20 hours annually. Regulations provide for the minimum topics that must be included (e.g. discipline policies and procedures, behavior problems/psychological disorders, and mental health/behavioral interventions). Social work staff are required to establish a "needs and services plan" for each child that identifies the specific needs of an individual child, and delineates those services necessary in order to meet the child's identified needs. Related legislation: AB 1856 (Ammiano, Chapter 639, Statutes of 2012) required certification programs for foster care providers to include instruction on cultural competency and sensitivity related to lesbian, gay, bisexual and transgender youth in out-of-home care. --------------------------- <2> California Alliance for Child and Family Services. Group Homes for Foster Children Fact Sheet http://c.ymcdn.com/sites/www.cacfs.org/resource/resmgr/advocacy/p ublicpolicy10.pdf SB 731 (Leno) PageF of? POSITIONS Support: Equality California (Co-Sponsor) AFSCME California Alliance of Child and Family Services California Communities United Institute County Welfare Directors Association of California East Bay Children's Law Offices Equality California Family Builders Gender Health Center Gender Spectrum Juvenile Court Judges of California Legal Services for Children National Center for Lesbian Rights National Center for Youth Law National Council on Crime & Delinquency Youth Law Center Oppose: None. -- END --