BILL ANALYSIS
AB 628
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Date of Hearing: April 26, 2005
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Noreen Evans, Chair
AB 628 (Strickland) - As Introduced: February 17, 2005
SUBJECT : Foster care givers; religious and moral beliefs.
SUMMARY : Specifies that the religious or moral beliefs of a
person licensed or certified, or applying to be licensed or
certified to provide foster care will not render the person
ineligible to provide foster care.
EXISTING LAW
1)Specifies that foster parents shall not be subject to
discrimination or harassment on the basis of race, religion,
sex, sexual orientation, disability or HIV status.
2)Requires the foster care placement agency to provide a
caregiver placement agreement to the child's caregiver and
allows foster parents to decline to accept a child into their
home and to have the placing agency remove a child from their
home.
3)Ensures foster children fair and equal access to all available
services, placement, care and treatment and prohibits
discrimination or harassment on the basis of race, religion,
sex, sexual orientation, disability or HIV status.
FISCAL EFFECT : Unknown.
COMMENTS : The California Family Alliance, notes that " (i)t is
in the best interests of foster children and society to promote
participation by many families in the foster care system." The
sponsor further maintains that "(t)his bill provides needed
reforms by prohibiting religious discrimination in placement of
children."
According to the author, this bill "would protect the religious
and moral beliefs of foster care parents. This bill seeks to
respect the values implemented in a foster home, not challenge
them. After all, it is the foster caregiver who is doing the
state a service by opening up their home to youth in the custody
of the state."
AB 628
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However, AB 628 could allow foster parents to discriminate
against foster youth on the basis of religious beliefs.
It is the policy of the state that all children in foster care
have the right to live in a safe, healthy home, to be treated
with respect and not to be subject to discrimination. A child's
best interest is best served by placing them in a safe, tolerant
and mutually respectful home. AB 628 could allow a foster
parent to refuse to house a child who does not share and
practice the same religious or moral beliefs.
The Youth Law Center (YLC) suggests that "foster parents who
refuse to foster bi-racial or minority children would be
permitted to be foster parents to only white children if the
foster parents believe or are adherents to, a religion that
holds as a basic tenet, that the white race is superior and that
'race mixing' is immoral." Foster parents could argue that
their moral beliefs prevent them from housing children who are
atheist, Muslim, Jewish, Christian or born to non-married
parents. This practice would discriminate against foster youth,
in violation of existing law.
AB 628 would also provide an exception to the best interest
placement standard as defined by law. It is possible that for
reasons such as proximity to school and biological parents, the
most suitable home for a Catholic child is one where the parents
are atheist. However these foster parents might refuse to house
children who pray, take communion or attend mass because it
conflicts with their religious views. This religious
prohibition would unnecessarily add to the difficulties and
emotional upheaval a foster child experiences with an
out-of-home placement.
DOUBLE REFERRAL . This bill has been double-referred. Should
this bill pass out of this committee, it will be referred to the
Assembly Judiciary Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Traditional Values Coalition (Sponsor)
California Family Alliance
Capitol Resource Institute
AB 628
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Opposition
Equity California
National Center for Youth Law
Youth Law Center
Analysis Prepared by : Caitlin O'Halloran / HUM. S. / (916)
319-2089