BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 731 (Leno) - Foster children: housing: gender identity ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: February 27, 2015 |Policy Vote: HUMAN S. 3 - 0, | | | JUD. 5 - 1 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 11, 2015 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: SB 731 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. This bill would require the Department of Social Services (DSS) to promulgate regulations, as specified. This bill would also add the above requirement to the Foster Care Bill of Rights. Fiscal Impact: Regulations : One-time minor costs (General Fund) for the DSS to promulgate regulations. FC placements : Likely minor caseload impact statewide. To the extent county agencies incur increased workload associated with implementing and adhering to the specified regulations, SB 731 (Leno) Page 1 of ? statewide costs could exceed $50,000 (General Fund*). Proposition 30* : Exempts the State from mandate reimbursement for realigned programs, however, legislation that has an overall effect of increasing the costs already borne by a local agency for realigned programs including child welfare services, apply to local agencies only to the extent that the State provides annual funding for the cost increase. Background: Existing law provides for the licensure and regulation by the Community Care Licensing (CCL) Division of the DSS 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 law, the Foster Care Bill of Rights, clearly enumerates the rights of children placed in foster care, including but not limited to the right to live in a safe, healthy, and comfortable home where he or she is treated with respect; the right 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; and the right 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. (Welfare and Institutions Code § 16001.9.) Proposed Law: This bill would provide 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. This bill would also make a corresponding change to the Foster Care Bill of Rights. Additionally, this bill would require the DSS to promulgate regulations implementing these provisions. Prior Legislation: AB 868 (Ammiano) Chapter 300/2013 required the Judicial Council to establish training programs for judges on the effects of gender identity and sexual orientation in family law proceedings. This bill also required the Judicial Council to SB 731 (Leno) Page 2 of ? create training standards on cultural competency and sensitivity relating to, and best practices for, providing adequate care to LGBT youth for counsel in juvenile court and appointed special advocates. AB 1856 (Ammiano) Chapter 639/2012 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. Staff Comments: The DSS has indicated minor one-time costs to promulgate regulations. To the extent the provisions of this measure increase the workload of counties and increase costs to county welfare agencies relating to the placement of foster children and nonminor dependents, including but not limited to any additional workload required to adhere to the new regulations once promulgated, could be subject to a subvention of funds from the State. While the impact of this measure is not estimated to impact a significant number of cases annually, statewide costs to local agencies could exceed $50,000 in any one year. Prior to Fiscal Year (FY) 2011-12, the state and counties contributed to the non-federal share of various social service programs. AB 118 (Committee on Budget) Chapter 40/2011 and ABX1 16 Chapter 13/2011 realigned state funding to the counties through the 2011 Local Revenue Fund (LRF) for various programs, including foster care and child welfare services. As a result, beginning in FY 2011-12 and for each fiscal year thereafter, non-federal funding and expenditures for these activities including child foster care and child welfare services are funded through the LRF. Proposition 30, passed by the voters in November 2012, among other provisions, eliminated any potential mandate funding liability for any new program or higher level of service provided by counties related to realigned programs. Although the provisions of this bill are a mandate on local agencies, any increased costs would not be subject to reimbursement by the SB 731 (Leno) Page 3 of ? state. Rather, Proposition 30 specifies that for legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for realigned programs, which would include child welfare services and foster care, the provisions shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. -- END --