BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 731


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          SENATE THIRD READING


          SB  
          731 (Leno)


          As Amended  August 31, 2015


          Majority vote


          SENATE VOTE:  28-5


           -------------------------------------------------------------------- 
          |Committee       |Votes|Ayes                   |Noes                 |
          |                |     |                       |                     |
          |                |     |                       |                     |
          |                |     |                       |                     |
          |----------------+-----+-----------------------+---------------------|
          |Human Services  |7-0  |Chu, Mayes, Calderon,  |                     |
          |                |     |Lopez, Maienschein,    |                     |
          |                |     |Mark Stone, Thurmond   |                     |
          |                |     |                       |                     |
          |----------------+-----+-----------------------+---------------------|
          |Appropriations  |12-1 |Gomez, Bloom, Bonta,   |Gallagher            |
          |                |     |Calderon, Gordon,      |                     |
          |                |     |Eggman,                |                     |
          |                |     |                       |                     |
          |                |     |                       |                     |
          |                |     |Eduardo Garcia,        |                     |
          |                |     |Holden, Quirk, Rendon, |                     |
          |                |     |Weber, Wood            |                     |
          |                |     |                       |                     |
          |                |     |                       |                     |
           -------------------------------------------------------------------- 









                                                                     SB 731


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          SUMMARY: Requires the out-of-home placement of foster youth and  
          nonminor dependents to be based on an individual's gender  
          identity.  Specifically, this bill:  


          1)Requires foster children and nonminor dependents in  
            out-of-home care to be placed according to their gender  
            identity.  


          2)Adds to the codified list of foster youth's and nonminor  
            dependents' rights the right to be placed in out-of-home care  
            according to one's gender identity, regardless of the gender  
            or sex listed in court or child welfare records.  Further  
            requires the Department of Social Services' (DSS) Community  
            Care Licensing Division (CCLD) to develop regulations  
            consistent with this right.


          EXISTING LAW:   


          1)States that the purpose of foster care law is to provide  
            maximum safety and protection for children who are being  
            physically, sexually or emotionally abused, neglected, or  
            exploited and to ensure the safety, protection, and physical  
            and emotional well-being of children at risk of such harm.   
            (Welfare and Institutions Code (WIC) Section 300.2)


          2)Requires out-of-home placement of a child in foster care to be  
            based upon selection of a safe setting that is the least  
            restrictive or most family-like and the most appropriate  
            setting available and in close proximity to the parent's home  
            and the child's school, and best suited to meet the child's  
            special needs and best interests.  Further requires the  
            selection of placement to consider, in order of priority,  
            placement with relatives, nonrelated extended family members,  








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            tribal members, and foster family homes, certified homes of  
            foster family agencies, intensive treatment or  
            multidimensional treatment foster care homes, group care  
            placements, such as group homes and community treatment  
            facilities, and residential treatment, as specified.  (WIC  
            Section 16501.1(c)(1))


          3)Enumerates rights of minors and nonminors 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; be free from physical, sexual, emotional, or other  
            abuse, or corporal punishment; receive adequate and healthy  
            food, adequate clothing, and, for youth in group homes, an  
            allowance; receive medical, dental, vision, and mental health  
            services; be involved in the development of his or her own  
            case plan and plan for permanent placement; and review his or  
            her own case plan and plan for permanent placement, if he or  
            she is 12 years of age or older and in a permanent placement,  
            and receive information about his or her out-of-home placement  
            and case plan, including being told of changes to the plan.   
            (WIC Section 16001.9)


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, this bill may result in the following:


          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 (General Fund).  Under  
            Proposition 30 of 2012, these costs are not reimbursable, but  
            this bill will apply to local agencies only to the extent the  
            state provides annual funding for the cost increase.


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








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          COMMENTS:  


          Foster Youth Bill of Rights:  AB 899 (Liu), Chapter 683,  
          Statutes of 2001, adopted California's Foster Youth Bill of  
          Rights, which consolidated and codified all of the rights of  
          foster children into one place in statute.  It also required:   
          social workers and probation officers to periodically inform  
          children of these rights in an age-appropriate manner, the  
          Office of the State Foster Care Ombudsman to disseminate  
          information on these rights, and any facility licensed to  
          provide foster care for six or more children to post a listing  
          of these rights.


          The current list of rights for all minors and nonminors in  
          foster care includes 26 enumerated rights, such as the right to:  
           live in a safe, healthy, and comfortable home where he or she  
          is treated with respect; be free from physical, sexual,  
          emotional, or other abuse, or corporal punishment; receive  
          adequate and healthy food, adequate clothing, and, for youth in  
          group homes, an allowance; and receive medical, dental, vision,  
          and mental health services.  Rights specific to transgender  
          youth include 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 gender identity, and 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 transgender youth in out-of-home  
          care.


          Foster youth and gender identity:  It is difficult to get an  
          exact estimate of the percentage of foster youth who identify as  
          transgender.  A 2014 report released by the Williams Institute  
          at the University of California, Los Angeles School of Law found  








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          that, in Los Angeles County, approximately 5.6% of youth ages 12  
          through 21 in out-of-home care identified as transgender (19.1%  
          overall identified as lesbian, gay, bisexual, transgender, or  
          questioning [LGBTQ]).  This estimate of 5.6% is higher than the  
          1.3% to 3.2% of the overall youth population in the United  
          States believed to identify as transgender.  


          While some LGBTQ youth enter California Child Welfare Services  
          for reasons unrelated to their sexual orientation or gender  
          identity, the Child Welfare League of America reports that:


            A large proportion of LGBT youth enter these systems,  
            however, for reasons either directly or indirectly  
            related to their sexual orientation or gender identity.   
            This includes youth who, because of their sexual  
            orientation or gender identity, have been rejected,  
            neglected, or abused by their birth families; youth who  
            have stopped attending school because of anti-LGBT abuse  
            or harassment; runaway, 'throwaway,' and homeless youth,  
            some of whom engage in survival crimes; and youth who  
            have been mislabeled as sex offenders simply because of  
            their sexual orientation or gender identity.


          The Williams Institute study found that the LGBTQ youth in  
          foster care in Los Angeles County that they surveyed, when  
          compared to non-LGBTQ youth, had a higher average number of  
          foster care placements, reported that they were being treated  
          less well by the child welfare system, and were more likely to  
          have been homeless at some point in their lives.


          Many professionals agree that it is harmful to prevent  
          transgender youth from expressing their gender identity.   
          According to the Child Welfare League of America:










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            The integration of a positive gender identity is also a  
            critical aspect of healthy adolescent development.  This  
            task is especially challenging for transgender youth,  
            whose gender identity does not correspond with their  
            anatomical sex? Child welfare and juvenile justice  
            agencies should not require youth to conform to  
            traditional conceptions of gender or punish youth who are  
            transgender or gender nonconforming.  The agency's basic  
            approach should be to validate a young person's core  
            gender identity, as defined by the youth. 


          Need for this bill:  According to the author:


            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.


            Many transgender youth face rejection, bullying, and  
            physical abuse at the hands of their families,  
            communities, and schools due to bias against their gender  
            identity or expression.  These children are at extremely  
            high risk for poor health and mental health.  They are at  
            much higher risk than other youth for homelessness,  
            abuse, depression, and suicide.  It is essential that we  
            provide caregivers and environments that affirm and  
            respect these young people so that they can thrive. 


            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  








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            implement this right. 


            [This bill] will ensure that caregivers provide  
            appropriate supportive care, including respecting and  
            affirming every child's gender identity.




          Analysis Prepared by:                                             
                          Daphne Hunt / HUM. S. / (916) 319-2089  FN:  
          0001764