BILL ANALYSIS �
AB 1856
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Date of Hearing: April 10, 2012
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Jim Beall Jr., Chair
AB 1856 (Ammiano) - As Introduced: February 22, 2012
SUBJECT : Foster care services: cultural competency
SUMMARY : Requires foster care providers to receive instruction
on cultural competency and sensitivity with respect to lesbian,
gay, bisexual, and transgender (LGBT) youth in out-of-home care.
Specifically, this bill :
1)Requires that the Department of Social Services (DSS)-approved
certification program for group home administrators that must
be completed prior to employment include, within the 40 hours
of required classroom instruction, training on cultural
competency and sensitivity relating to, and best practices
for, providing adequate care to LGBT youth in out-of-home
care.
2)Requires that the training provided by foster family agencies
to certified foster families include, within the 12 hours of
required pre-placement training and within the 8 hours of
required annual post-placement training, instruction on
cultural competency and sensitivity relating to, and best
practices for, providing adequate care to LGBT youth in
out-of-home care.
3)Requires community college districts with a foster care
education program to include among the topics included in the
orientation and training provided to relative or nonrelative
extended family member caregivers into whose care the county
has placed a foster child, instruction on cultural competency
and sensitivity relating to, and best practices for, providing
adequate care to LGBT youth in out-of-home care.
4)Adds to the delineated rights of all children in foster care
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 LGBT youth in out-of-home care.
EXISTING LAW
AB 1856
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1)Provides, under the California Community Care Facilities Act,
for the licensing and regulation of community care facilities,
including group homes and foster family agencies, by DSS.
2)Requires DSS to develop a certification program to ensure that
group home administrators have appropriate training to provide
appropriate care and services, including a minimum of 40 hours
of classroom instruction providing training on a uniform core
of knowledge in designated core areas.
3)Requires foster family agencies to provide a program of
training for their certified foster families covering
designated topics, including a minimum of 12 hours before
placement of any foster children with the foster parent, and a
minimum of 8 hours of foster parent training annually.
4)Requires community college districts with a foster care
education program to make available orientation and training
to relative or nonrelative extended family member caregivers
into whose care the county has placed a foster child,
including courses covering designated topics.
5)Establishes state policy that all children in foster care have
delineated rights, including the right not to 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 identify, mental or physical disability, or HIV status.
6)Requires training for licensed foster parents, both
pre-placement and post-placement of a foster child, relative
caregivers, group home administrators, and licensing personnel
in group homes and foster family agencies to include training
on the rights described in paragraph 5), above.
FISCAL EFFECT : Unknown
COMMENTS : Equality California (EQCA), the sponsor of this bill,
cites recent studies estimating that LGBT youth comprise between
5 and 10 percent of the total foster youth population. As the
summary of one recent report notes, "LGBT youth in foster care
systems suffer from many problems because of prejudice against
their sexual orientation or their non-conformity to gender
stereotypes. These problems include a complete lack of
recognition of their existence and needs by child welfare
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systems, insensitive and discriminatory treatment, and outright
harassment and violence by peers, foster parents, and child
welfare staff." Youth in the Margins: A Report on the Unmet
Needs of Lesbian, Gay, Bisexual, and Transgender Adolescents in
Foster Care, Lambda Legal Defense and Education Fund (2001).
The author of this bill reports that "LGBT youth are
disproportionately targeted for harassment and discrimination in
the foster care system. This abuse is perpetrated not only by
youth peers, but in some cases by facility staff, foster
parents, and other service providers. When the abuse is between
peers, the harassment is often condoned by facility staff or
goes unaddressed." The author further notes that:
Unlawful discrimination also occurs in the form of
confiscating LGBT supportive materials or refusing to
allow the youth to participate in LGBT supportive
services and events, such as youth groups, LGBT
centers, or gay prom. There are also instances in
which caregivers or service providers refuse to use
the youth's requested name or pronoun, prohibit them
from wearing clothes consistent with their gender
identity, or actively try to change their sexual
orientation or gender identity with "reparative" or
conversion counseling. Often, staff members choose to
isolate the youth from their peers in foster care or
transfer them to a new placement if there is
harassment or assault rather than resolving the
underlying prejudice and providing supportive
services.
As the author and sponsor point out, foster youth caregivers
must undergo training regarding foster youth rights and
protections as a part of their certification. That includes
training on the right of children in foster care to not be
subjected to discrimination or harassment on the basis of sexual
orientation or gender identity. Existing training does not,
however, provide foster youth caregivers with the information to
address the wide range of issues and needs specific to LGBT
youth.
Suggested amendments
This bill expands the curricula of existing trainings to include
instruction on cultural competency and sensitivity with respect
to LGBT youth in out-of-home care. It does not, however, expand
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the required hours or provide for additional funding to
accommodate these subject areas. It must be noted, therefore,
that the impact of this bill, to the extent it expands the
curricula of required trainings, will be that correspondingly
less time will be spent on the other required subject areas for
these trainings. To the extent it creates a new subject are for
training, it may also have associated costs.
As an alternative to adding a new training topic, and to avoid
any attendant costs, the author may wish to consider amending
this bill to, instead, clarify that existing statutory training
requirements-for example, on "the right of a foster child 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 actual or perceived
race, ethnic group identification, ancestry, national origin,
color, religion, sex, sexual orientation, gender identity,
mental or physical disability, or HIV status"-include
instruction on cultural competency and sensitivity relating to,
and best practices for, providing adequate care to LGBT youth in
out-of-home care.
Prior legislation :
AB 3015 (Brownley), Chapter 557, Statutes of 2008 - Requires
mandatory training programs for administrators, licensed foster
parents, and relative caregivers include basic instruction on
existing laws regarding the safety of foster youth at school.
AB 458 (Chu), Chapter 331, Statutes of 2003 - Requires that
training programs for foster caregivers address rights of foster
youth to ensure that foster children are not 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.
AB 899 (Liu), Chapter 683, Statutes of 2001 - Outlines rights of
foster youth and requires that social workers make these rights
known to foster youth.
SB 916 (Vasconcellos), Chapter 542, Statutes of 1997 - Requires
the pre-placement training for foster youth caregivers to
include the importance of self-esteem, and requires the annual
training to include positive discipline and the importance of
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reinforcing self-esteem.
AB 3062 (Goldsmith & Friedman), Chapter 1016, Statutes of 1996 -
Requires every licensed foster parent to complete a minimum of
12 hours of training as a condition to the placement of any
foster children with the foster parent, and an additional
minimum of 8 hours of training annually.
REGISTERED SUPPORT / OPPOSITION :
Support
Equality California (EQCA) (sponsor)
L.A. Gay & Lesbian Center (sponsor)
Advancement Project
Alameda County Foster Youth Alliance
Aspiranet
California Communities United Institute
California National Organization for Women
California Teachers Association
California Youth Connection
Children's Law Center of California
Children's Rights Project at Public Council
Hathaway-Sycamores child and Family Services
Larkin Street
Legal Advocates for Children and Youth
Penny Lane Centers
The Honorable Betty Yee, First District Member, State Board of
Equalization
The Village Family Services
Opposition
California Right to Life
Analysis Prepared by : Eric Gelber / HUM. S. / (916) 319-2089