BILL ANALYSIS Ó SB 731 Page 1 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 Page 2 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, SB 731 Page 3 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. SB 731 Page 4 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 SB 731 Page 5 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: SB 731 Page 6 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 SB 731 Page 7 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