BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 731  


                                                                    Page  1





          Date of Hearing:  August 26, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          SB 731  
          (Leno) - As Amended August 19, 2015


           ----------------------------------------------------------------- 
          |Policy       |Human Services                 |Vote:|7 - 0        |
          |Committee:   |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
          |-------------+-------------------------------+-----+-------------|
          |             |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
          |-------------+-------------------------------+-----+-------------|
          |             |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
           ----------------------------------------------------------------- 


          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill requires that foster children and nonminor dependents  
          in out-of-home care be placed according to their gender  
          identity, regardless of the gender or sex listed in their court  








                                                                     SB 731  


                                                                    Page  2





          or child welfare records. This bill also adds the above  
          requirement to the Foster Care Bill of Rights, and requires the  
          Department of Social Services (DSS) to promulgate regulations  
          implementing these provisions.


          FISCAL EFFECT:


          1)Likely minor caseload impact statewide. To the extent county  
            agencies incur increased workload associated with implementing  
            and adhering to the specified regulations, it is unlikely  
            statewide costs would exceed $100,000 (GF). Under Proposition  
            30, these costs are not reimbursable, but the bill will apply  
            to local agencies only to the extent the State provides annual  
            funding for the cost increase.



          2)One-time minor costs (GF) for the DSS to promulgate  
            regulations.



          COMMENTS:


          1)Purpose.  The author states, "Children in the child welfare  
            system are protected by the Foster Care Bill of Rights, which  
            includes the right to fair and equal access to all services.   
            Though California law intends to protect all children from  
            discrimination, it does not give specific guidance to  
            caregivers when placing foster children who are transgender.  
            Child welfare workers need guidance on how to place children  
            based on their gender identity.  This bill accomplishes this  
            by giving foster children the right to be placed according to  
            gender identity and directing Community Care Licensing to  
            develop regulations to implement this right. [This bill] will  
            ensure that caregivers provide appropriate supportive care,  








                                                                     SB 731  


                                                                    Page  3





            including respecting and affirming every child's gender  
            identity."

          2)Background.  There are currently approximately 63,000 children  
            and youth in the California's Child Welfare System (CWS). It  
            is difficult to get an exact estimate of the percentage of  
            foster youth who identify as transgender in California.  
            According to a 2014 report released by the Williams Institute  
            at the UCLA School of Law, in Los Angeles County,  
            approximately 5.6% of youth ages 12 through 21 in out-of-home  
            cares identified as transgender. Several reports suggest that  
            a large proportion of LGBT youth enter CWS for reasons related  
            to their sexual orientation or gender identity, including  
            rejection, neglect, or abuse by their birth families, lack of  
            school attendance due to harassment or bullying, among other  
            issues.


            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.


          3)Proposition 30. 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  








                                                                     SB 731  


                                                                    Page  4





            mandate on local agencies, any increased costs would not be  
            subject to reimbursement by the 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.   

          4)Prior Legislation. 


             a)   AB 868 (Ammiano) Chapter 300, Statutes of 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 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.


             b)   AB 1856 (Ammiano) Chapter 639, Statutes of 2012,  
               required 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. 


             c)   AB 899 (Liu) Chapter 683, Statutes of 2001, adopted  
               California's Foster Youth Bill of Rights.


          










                                                                     SB 731  


                                                                    Page  5





          Analysis Prepared by:Jennifer Swenson / APPR. / (916)  
          319-2081