BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1856|
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THIRD READING
Bill No: AB 1856
Author: Ammiano (D)
Amended: 8/20/12 in Senate
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 4-2, 7/2/12
AYES: Liu, Hancock, Wright, Yee
NOES: Berryhill, Strickland
NO VOTE RECORDED: Emmerson
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 49-25, 5/3/12 - See last page for vote
SUBJECT : Foster care services: cultural competency
SOURCE : Equality California
L.A. Gay and Lesbian Center
DIGEST : This bill requires certification programs for
foster care providers to include instruction on cultural
competency and sensitivity related to lesbian, gay,
bisexual and transgender youth in out-of-home care.
Senate Floor Amendments of 8/20/12 address chaptering
conflicts with the child welfare realignment trailer bill,
SB 1009 (Senate Budget and Fiscal Review Committee).
ANALYSIS : Existing law:
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1.Enacts the California Community Care Facilities Act which
provides for the licensure and regulation by the State
Department of Social Services (DSS) of community care
facilities, as defined, including licensed foster family
homes, foster family agencies that certify foster family
homes, and group home facilities.
2.Requires DSS to develop curriculum for and to approve
certification programs for group home administrators that
must be completed by the group home administrator as a
condition of employment and facility licensure and
renewed every two years.
3.Requires licensed foster family agencies to provide a
program of training for their certified foster families,
which must be completed by every certified foster parent
as a condition of certification.
4.Requires licensed foster parents to complete a minimum of
12 hours of foster parent training, prior to placement of
the child, and to complete a minimum of 8 hours of foster
parent training annually.
5.Requires the initial pre-placement foster parent training
to include an overview of the child protective system,
the effects of child abuse and neglect on child
development, positive discipline and the importance of
self-esteem, health issues in foster care, accessing
education and health services available to foster
children, specified non-discrimination rights of a foster
child and school environment anti-harassment laws.
6.Requires post-placement annual training to include age
appropriate child development, health issues in foster
care, positive discipline, emancipation and independent
living skills, and specified non-discrimination rights of
a foster child.
7.Establishes as policy of the state that all children in
foster care shall have the right to fair and equal access
to all available services, placement, care, treatment and
to not be subjected to discrimination or harassment on
the basis of actual or perceived race, ethnic group
identification, ancestry, national origin, color,
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religion, sex, sexual orientation, gender identity,
mental or physical disability, or HIV status.
8.Requires community colleges that have foster care
education programs to make orientation and training
classes available to relative and non-relative extended
family member caregivers of foster children.
This bill:
1.Requires certification programs for group home
administrators include instruction on cultural competency
and sensitivity relating to and best practices for,
providing adequate care to lesbian, gay, bisexual, and
transgender youth in out- of-home care.
2.Requires foster parent pre-placement and post-placement
annual training programs to include instruction on
cultural competency and sensitivity relating to, and best
practices for, providing adequate care to lesbian, gay,
bisexual and transgender youth in out-of-home care.
3.Adds as a right of all children in foster care, a 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 lesbian, gay, bisexual and
transgender youth in out-of-home care.
4.Requires community college districts that have a foster
care education program to provide instruction on cultural
competency and sensitivity relating to, and best
practices for, providing adequate care to lesbian, gay,
bisexual and transgender youth in out-of-home care in
their orientation and training curriculum available to
relative and nonrelative extended family member
caregivers.
Background
Foster Care Provider Training Programs . Currently, all
foster care providers, including licensed or certified
foster parents and group home administrators, are required
to receive appropriate training to ensure that providers
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are capable of providing the care and services for which a
license or certificate is issued.
Group home facility administrators are required to be
certified through DSS developed and approved programs that
include 40 hours of classroom instruction. Group home
administrators are further required to renew their
certification every two years through 40 hours of classroom
or online instruction. The required curriculum includes
training in business operations; staff management and
supervision; psychosocial, educational and physical needs
of the facility residents; community and support services;
administration, storage, misuse and interaction of
medication used by facility residents; non-violent
emergency intervention and reporting requirements; basic
admission, retention and assessment procedures including
specified non-discrimination rights of a foster child; and
school environment anti-harassment laws.
Licensed or certified foster parents are required to
receive a minimum of 12 hours of foster parent training
prior to placement of a foster child in the home and are
required to complete a minimum of eight hours of
post-placement training annually. Some counties require
significantly more training as a condition of county
licensure. These trainings are generally provided by
California Community Colleges and in some counties by
California State Universities under the Foster and Kinship
Care Education Program initially established in 1984.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/20/12)
Equality California (co-source)
L.A. Gay and Lesbian Center (co-source)
Tom Torlakson, State Superintendent of Public Education
Betty Yee, Member 1st District, State Board of Equalization
AFSCME
Advancement Project
Alameda County Foster Youth Alliance
Aspiranet
California Alliance
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California Communities United institute
California National Organization of Women
California Teachers Association
California Youth Connection
Children's Law Center
Hathaway-Sycamores Child and Family Services
Homes for the Upwardly Mobile, Inc.
John Burton Foundation for Children Without Homes
Lambda Legal
Larkin Street Youth Services
Legal Advocates for Children & Youth
Penny Lane Centers
Public Counsel Law Center
The Village Family Services
OPPOSITION : (Verified 8/20/12)
California Catholic Conference
California Right to Life Committee
Traditional Values Coalition
ARGUMENTS IN SUPPORT : Equality California and the L.A.
Gay and Lesbian Center, as sponsors of this bill, write
that the lack of training has led to unlawful
discrimination against LGBT foster youth 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.
The author cites 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.
ARGUMENTS IN OPPOSITION : Opponents write that there are
currently no training demands imposed on foster parents to
learn cultural competency about caring for children from
different ethnic, cultural or religious backgrounds of
children currently being served and that it is expected
that parents volunteering as foster parents will be
sensitive to the challenges and heritage of each and all
children in their care. Additionally, the opposition
writes that this bill is unnecessary as most potential
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foster parents will never face the challenge of parenting a
teen with sexual identity issues and that requiring every
potential parent to have such training is an intrusion into
the private beliefs of generous citizens and creates added
expense to the training.
ASSEMBLY FLOOR : 49-25, 5/3/12
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bradford, Brownley, Buchanan, Butler,
Charles Calderon, Campos, Carter, Cedillo, Chesbro,
Davis, Dickinson, Eng, Feuer, Fong, Fuentes, Galgiani,
Gatto, Gordon, Gorell, Hayashi, Hill, Huber, Hueso,
Huffman, Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell,
Monning, Pan, Perea, V. Manuel P�rez, Portantino,
Skinner, Solorio, Swanson, Torres, Wieckowski, Williams,
Yamada, John A. P�rez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Beth Gaines, Garrick, Grove, Hagman, Halderman, Harkey,
Jeffries, Jones, Knight, Logue, Mansoor, Miller, Morrell,
Nestande, Nielsen, Norby, Olsen, Silva, Valadao, Wagner
NO VOTE RECORDED: Bonilla, Fletcher, Furutani, Hall, Roger
Hern�ndez, Smyth
CTW:n 8/20/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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