BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 731 (Leno) - Foster children:  housing:  gender identity
          
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          |Version: February 27, 2015      |Policy Vote: HUMAN S. 3 - 0,    |
          |                                |          JUD. 5 - 1            |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: May 11, 2015      |Consultant: Jolie Onodera       |
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          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,  







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            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  








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          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  








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          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.  

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