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 --