BILL ANALYSIS
AB 628
Page 1
Date of Hearing: January 10, 2006
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Noreen Evans, Chair
AB 628 (Strickland) - As Amended: January 4, 2006
SUBJECT : Foster care givers; religious and moral beliefs.
SUMMARY : Specifies that a foster youth's religious or moral
objection to the initial or continued placement in a foster home
shall not render the provider ineligible to provide care to any
other foster youth and states the intent of the Legislature to
prohibit discrimination by a foster care provider to a foster
youth based on the religious faith or denomination of the foster
youth.
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 : As introduced, this bill failed passage in the
Assembly Committee on Human Services in 2005 but was granted
reconsideration. The bill was subsequently amended and now,
according to the author, "makes it clear that foster caregivers
are to continue to be eligible to provide foster care even
thought a foster youth objects to the initial or continued
placement in their home for religious or moral reasons."
The bill also declares the intent of the Legislature to prohibit
discrimination by a foster care provider against a foster youth
AB 628
Page 2
based solely on the religious faith or denomination of the
foster youth.
Current law clearly addresses both of these issues:
In 2001 the Legislature passed and the Governor signed
AB 899 (Liu), Chapter 683, Statutes of 2001, known as the
Foster Youth Bill of Rights. That measure gives foster
youth the right to attend religious services and activities
of his or her choice.
In 2003, the Legislature passed and the Governor signed
AB 458 (Chu), Chapter 331, Statutes of 2003, stating that
foster parents may not be subjected to discrimination or
harassment on the basis of their clients or their own
actual perceived race, color, religion, sex, sexual
orientation or other considerations.
In addition, current practice in county social services
departments allow a foster youth to be placed in a home even if
the home had not been a comfortable fit for another foster
youth. Foster parents would have to commit a crime, abuse the
child or otherwise render themselves ineligible to provide
foster care before a suitable placement would be denied.
Because this bill appears to duplicate current law, the
Committee may wish to ask the author to cite examples of
discrimination that were not remedied by current law.
Suggested amendments
The amendment added by Section 3 might be read to create a new
right and cause of action of foster youth against foster parents
who discriminate based solely on the religious faith or
denomination of the foster youth. Nor does this section follow
from Sections 1 and 2.
The Committee may wish to consider an amendment to clarify the
language. Alternative language might read: "Nothing in this
act is intended to permit discrimination by foster care
providers against foster youth in accordance with the Foster
Youth Bill of Rights."
Finally, it is adequate to cite the provision specifying that a
foster care provider is not rendered ineligible to provide care
AB 628
Page 3
for foster youth based on a foster youth's objection on
religious or moral grounds in the Welfare and Institutions Code.
The second citation in the Health and Safety Code section
relating to Community Care Licensing seems unnecessary and out
of place.
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
Opposition
American Civil Liberties Union
Equity California
National Center for Youth Law
Youth Law Center
Analysis Prepared by : Caitlin O'Halloran / HUM. S. / (916)
319-2089