SB 731: Foster children: housing: gender identity.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2015-10-11
Existing law provides that a minor may be adjudged a dependent child of the juvenile court under specified circumstances. Existing law authorizes the court to place a minor who has been removed from the custody of his or her parent or guardian in foster care, among other placements. Existing law extends certain foster care benefits to youth up to 21 years of age, known as nonminor dependents if specified conditions are met.
Under existing law, a county social worker develops a case plan for a minor or nonminor dependent that, among other things, identifies specific goals and the appropriateness of the planned services in meeting those goals. Existing law requires, if out-of-home placement is used to attain case plan goals, the case plan to include a description of the type of home or institution in which the child is to be placed, and the reasons for that placement decision. Existing law also specifies certain factors that must be considered in making a placement decision.
This bill would require children and nonminor dependents in an out-of-home placement to be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. By expanding the duties of counties relating to the placement of foster children and nonminor dependents, this bill would impose a state-mandated local program.
Existing law provides that it is the policy of the state that all minors and nonminors in foster care have specified rights, including, among others, 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 actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
This bill would additionally specify that all minors and nonminors in foster care have the right to be placed in out-of-home care according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. The bill would require the State Department of Social Services to adopt regulations consistent with this provision.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law provides that a minor may be adjudged a dependent child of the juvenile court under specified circumstances. Existing law authorizes the court to place a minor who has been removed from the custody of his or her parent or guardian in foster care, among other placements. Existing law extends certain foster care benefits to youth up to 21 years of age, known as nonminor dependents if specified conditions are met.
Under existing law, a county social worker develops a case plan for a minor or nonminor dependent that, among other things, identifies specific goals and the appropriateness of the planned services in meeting those goals. Existing law requires, if out-of-home placement is used to attain case plan goals, the case plan to include a description of the type of home or institution in which the child is to be placed, and the reasons for that placement decision. Existing law also specifies certain factors that must be considered in making a placement decision.
This bill would require children and nonminor dependents in an out-of-home placement to be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. By expanding the duties of counties relating to the placement of foster children and nonminor dependents, this bill would impose a state-mandated local program.
Existing law provides that it is the policy of the state that all minors and nonminors in foster care have specified rights, including, among others, 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 actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
This bill would additionally specify that all minors and nonminors in foster care have the right to be placed in out-of-home care according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. The bill would require the State Department of Social Services to adopt regulations consistent with this provision.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law provides that a minor may be adjudged a dependent child of the juvenile court under specified circumstances. Existing law authorizes the court to place a minor who has been removed from the custody of his or her parent or guardian in foster care, among other placements. Existing law extends certain foster care benefits to youth up to 21 years of age, known as nonminor dependents if specified conditions are met.
Under existing law, a county social worker develops a case plan for a minor or nonminor dependent that, among other things, identifies specific goals and the appropriateness of the planned services in meeting those goals. Existing law requires, if out-of-home placement is used to attain case plan goals, the case plan to include a description of the type of home or institution in which the child is to be placed, and the reasons for that placement decision. Existing law also specifies certain factors that must be considered in making a placement decision.
This bill would require, in all settings, require children and nonminor dependents in an out-of-home placement to be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. By expanding the duties of counties relating to the placement of foster children and nonminor dependents, this bill would impose a state-mandated local program.
Existing law provides that it is the policy of the state that all minors and nonminors in foster care have specified rights, including, among others, 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 actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
This bill would additionally specify that all minors and nonminors in foster care have the right to be placed in out-of-home care according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. The bill would require the State Department of Social Services to adopt regulations consistent with this provision.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law provides for the licensure and regulation by the Community Care Licensing Division of the State Department of Social Services of various out-of-home facilities for children and nonminor dependents in foster care, including, among others, licensed foster family homes, certified family homes, and group homes. Existing regulations prohibit children of the opposite sex from sharing a bedroom in those placements unless each child is under five years of age.
Under existing law, a county social worker develops a case plan for a minor or nonminor dependent that, among other things, identifies specific goals and the appropriateness of the planned services in meeting those goals. Existing law requires, if out-of-home placement is used to attain case plan goals, the case plan to include a description of the type of home or institution in which the child is to be placed, and the reasons for that placement decision. Existing law also specifies certain factors that must be considered in making a placement decision.
This bill would require foster children and nonminor dependents in out-of-home-care require, in all settings, children in an out-of-home placement to be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. The bill would require the division to promulgate regulations implementing these provisions. By expanding the duties of counties relating to the placement of foster children and nonminor dependents, this bill would impose a state-mandated local program.
Existing law provides that it is the policy of the state that all minors and nonminors in foster care have specified rights, including, among others, 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 actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
This bill would additionally specify that all minors and nonminors in foster care have the right to be placed in out-of home out-of-home care according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. The bill would require the State Department of Social Services to adopt regulations consistent with this provision.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law provides for the licensure and regulation by the Community Care Licensing Division of the State Department of Social Services of various out-of-home facilities for children and nonminor dependents in foster care, including, among others, licensed foster family homes, certified family homes, and group homes. Existing regulations prohibit children of the opposite sex from sharing a bedroom in those placements unless each child is under five years of age.
This bill would require foster children and nonminor dependents in out-of-home-care to be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. The bill would require the division to promulgate regulations implementing these provisions. By expanding the duties of counties relating to the placement of foster children and nonminor dependents, this bill would impose a state-mandated local program.
Existing law provides that it is the policy of the state that all minors and nonminors in foster care have specified rights, including, among others, 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 actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
This bill would additionally specify that all minors and nonminors in foster care have the right to be placed in out-of home care according to their gender identity, regardless of the gender or sex listed in their court or child welfare records.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
The department shall adopt regulations consistent with paragraph (24) of subdivision (a) of Section 16001.9 of the Welfare and Institutions Code.
SEC. 2.Section 16001.9 of the Welfare and Institutions Code is amended to read:16001.9.(a)It is the policy of the state that all minors and nonminors in foster care shall have the following rights:
(1)To live in a safe, healthy, and comfortable home where he or she is treated with respect.
(2)To be free from physical, sexual, emotional, or other abuse, or corporal punishment.
(3)To receive adequate and healthy food, adequate clothing, and, for youth in group homes, an allowance.
(4)To receive medical, dental, vision, and mental health services.
(5)To be free of the administration of medication or chemical substances, unless authorized by a physician.
(6)To contact family members, unless prohibited by court order, and social workers, attorneys, foster youth advocates and supporters, Court Appointed Special Advocates (CASAs), and probation officers.
(7)To visit and contact brothers and sisters, unless prohibited by court order.
(8)To contact the Community Care Licensing Division of the State Department of Social Services or the State Foster Care Ombudsperson regarding violations of rights, to speak to representatives of these offices confidentially, and to be free from threats or punishment for making complaints.
(9)To make and receive confidential telephone calls and send and receive unopened mail, unless prohibited by court order.
(10)To attend religious services and activities of his or her choice.
(11)To maintain an emancipation bank account and manage personal income, consistent with the childs age and developmental level, unless prohibited by the case plan.
(12)To not be locked in a room, building, or facility premises, unless placed in a community treatment facility.
(13)To attend school and participate in extracurricular, cultural, and personal enrichment activities, consistent with the childs age and developmental level, with minimal disruptions to school attendance and educational stability.
(14)To work and develop job skills at an age-appropriate level, consistent with state law.
(15)To have social contacts with people outside of the foster care system, including teachers, church members, mentors, and friends.
(16)To attend Independent Living Program classes and activities if he or she meets age requirements.
(17)To attend court hearings and speak to the judge.
(18)To have storage space for private use.
(19)To be involved in the development of his or her own case plan and plan for permanent placement.
(20)To 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 to receive information about his or her out-of-home placement and case plan, including being told of changes to the plan.
(21)To be free from unreasonable searches of personal belongings.
(22)To the confidentiality of all juvenile court records consistent with existing law.
(23)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.
(24)To be placed in out-of-home care according to their gender identity, regardless of the gender or sex listed in their court or child welfare records.
(25)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.
(26)At 16 years of age or older, to have access to existing information regarding the educational options available, including, but not limited to, the coursework necessary for vocational and postsecondary educational programs, and information regarding financial aid for postsecondary education.
(27)To have access to age-appropriate, medically accurate information about reproductive health care, the prevention of unplanned pregnancy, and the prevention and treatment of sexually transmitted infections at 12 years of age or older.
(b)Nothing in this section shall be interpreted to require a foster care provider to take any action that would impair the health and safety of children in out-of-home placement.
(c)The State Department of Social Services and each county welfare department are encouraged to work with the Student Aid Commission, the University of California, the California State University, and the California Community Colleges to receive information pursuant to paragraph (26) of subdivision (a).
SEC. 3.Section 16006 is added to the Welfare and Institutions Code, to read:16006.Children and nonminor dependents in out-of-home care shall be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The department shall adopt regulations consistent with paragraph (24) of subdivision (a) of Section 16001.9 of the Welfare and Institutions Code.
SEC. 2.Section 16001.9 of the Welfare and Institutions Code is amended to read:16001.9.(a)It is the policy of the state that all minors and nonminors in foster care shall have the following rights:
(1)To live in a safe, healthy, and comfortable home where he or she is treated with respect.
(2)To be free from physical, sexual, emotional, or other abuse, or corporal punishment.
(3)To receive adequate and healthy food, adequate clothing, and, for youth in group homes, an allowance.
(4)To receive medical, dental, vision, and mental health services.
(5)To be free of the administration of medication or chemical substances, unless authorized by a physician.
(6)To contact family members, unless prohibited by court order, and social workers, attorneys, foster youth advocates and supporters, Court Appointed Special Advocates (CASAs), and probation officers.
(7)To visit and contact brothers and sisters, unless prohibited by court order.
(8)To contact the Community Care Licensing Division of the State Department of Social Services or the State Foster Care Ombudsperson regarding violations of rights, to speak to representatives of these offices confidentially, and to be free from threats or punishment for making complaints.
(9)To make and receive confidential telephone calls and send and receive unopened mail, unless prohibited by court order.
(10)To attend religious services and activities of his or her choice.
(11)To maintain an emancipation bank account and manage personal income, consistent with the childs age and developmental level, unless prohibited by the case plan.
(12)To not be locked in a room, building, or facility premises, unless placed in a community treatment facility.
(13)To attend school and participate in extracurricular, cultural, and personal enrichment activities, consistent with the childs age and developmental level, with minimal disruptions to school attendance and educational stability.
(14)To work and develop job skills at an age-appropriate level, consistent with state law.
(15)To have social contacts with people outside of the foster care system, including teachers, church members, mentors, and friends.
(16)To attend Independent Living Program classes and activities if he or she meets age requirements.
(17)To attend court hearings and speak to the judge.
(18)To have storage space for private use.
(19)To be involved in the development of his or her own case plan and plan for permanent placement.
(20)To 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 to receive information about his or her out-of-home placement and case plan, including being told of changes to the plan.
(21)To be free from unreasonable searches of personal belongings.
(22)To the confidentiality of all juvenile court records consistent with existing law.
(23)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.
(24)To be placed in out-of-home care according to their gender identity, regardless of the gender or sex listed in their court or child welfare records.
(25)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.
(26)At 16 years of age or older, to have access to existing information regarding the educational options available, including, but not limited to, the coursework necessary for vocational and postsecondary educational programs, and information regarding financial aid for postsecondary education.
(27)To have access to age-appropriate, medically accurate information about reproductive health care, the prevention of unplanned pregnancy, and the prevention and treatment of sexually transmitted infections at 12 years of age or older.
(b)Nothing in this section shall be interpreted to require a foster care provider to take any action that would impair the health and safety of children in out-of-home placement.
(c)The State Department of Social Services and each county welfare department are encouraged to work with the Student Aid Commission, the University of California, the California State University, and the California Community Colleges to receive information pursuant to paragraph (26) of subdivision (a).
SEC. 3.Section 16006 is added to the Welfare and Institutions Code, to read:16006.Children and nonminor dependents in out-of-home care shall be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The department shall adopt regulations consistent with paragraph (24) of subdivision (a) of Section 16001.9 of the Welfare and Institutions Code.
SEC. 2.Section 16001.9 of the Welfare and Institutions Code is amended to read:16001.9.(a)It is the policy of the state that all minors and nonminors in foster care shall have the following rights:
(1)To live in a safe, healthy, and comfortable home where he or she is treated with respect.
(2)To be free from physical, sexual, emotional, or other abuse, or corporal punishment.
(3)To receive adequate and healthy food, adequate clothing, and, for youth in group homes, an allowance.
(4)To receive medical, dental, vision, and mental health services.
(5)To be free of the administration of medication or chemical substances, unless authorized by a physician.
(6)To contact family members, unless prohibited by court order, and social workers, attorneys, foster youth advocates and supporters, Court Appointed Special Advocates (CASAs), and probation officers.
(7)To visit and contact brothers and sisters, unless prohibited by court order.
(8)To contact the Community Care Licensing Division of the State Department of Social Services or the State Foster Care Ombudsperson regarding violations of rights, to speak to representatives of these offices confidentially, and to be free from threats or punishment for making complaints.
(9)To make and receive confidential telephone calls and send and receive unopened mail, unless prohibited by court order.
(10)To attend religious services and activities of his or her choice.
(11)To maintain an emancipation bank account and manage personal income, consistent with the childs age and developmental level, unless prohibited by the case plan.
(12)To not be locked in a room, building, or facility premises, unless placed in a community treatment facility.
(13)To attend school and participate in extracurricular, cultural, and personal enrichment activities, consistent with the childs age and developmental level, with minimal disruptions to school attendance and educational stability.
(14)To work and develop job skills at an age-appropriate level, consistent with state law.
(15)To have social contacts with people outside of the foster care system, including teachers, church members, mentors, and friends.
(16)To attend Independent Living Program classes and activities if he or she meets age requirements.
(17)To attend court hearings and speak to the judge.
(18)To have storage space for private use.
(19)To be involved in the development of his or her own case plan and plan for permanent placement.
(20)To 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 to receive information about his or her out-of-home placement and case plan, including being told of changes to the plan.
(21)To be free from unreasonable searches of personal belongings.
(22)To the confidentiality of all juvenile court records consistent with existing law.
(23)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.
(24)To be placed in out-of-home care according to their gender identity, regardless of the gender or sex listed in their court or child welfare records.
(25)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.
(26)At 16 years of age or older, to have access to existing information regarding the educational options available, including, but not limited to, the coursework necessary for vocational and postsecondary educational programs, and information regarding financial aid for postsecondary education.
(27)To have access to age-appropriate, medically accurate information about reproductive health care, the prevention of unplanned pregnancy, and the prevention and treatment of sexually transmitted infections at 12 years of age or older.
(b)Nothing in this section shall be interpreted to require a foster care provider to take any action that would impair the health and safety of children in out-of-home placement.
(c)The State Department of Social Services and each county welfare department are encouraged to work with the Student Aid Commission, the University of California, the California State University, and the California Community Colleges to receive information pursuant to paragraph (26) of subdivision (a).
SEC. 3.Section 16501.1 of the Welfare and Institutions Code is amended to read:16501.1.(a)(1)The Legislature finds and declares that the foundation and central unifying tool in child welfare services is the case plan.
(2)The Legislature further finds and declares that a case plan ensures that the child receives protection and safe and proper care and case management, and that services are provided to the child and parents or other caretakers, as appropriate, in order to improve conditions in the parents home, to facilitate the safe return of the child to a safe home or the permanent placement of the child, and to address the needs of the child while in foster care.
(b)(1)A case plan shall be based upon the principles of this section and shall document that a preplacement assessment of the service needs of the child and family, and preplacement preventive services, have been provided, and that reasonable efforts to prevent out-of-home placement have been made.
(2)In determining the reasonable services to be offered or provided, the childs health and safety shall be the paramount concerns.
(3)Upon a determination pursuant to paragraph (1) of subdivision (e) of Section 361.5 that reasonable services will be offered to a parent who is incarcerated in a county jail or state prison, detained by the United States Department of Homeland Security, or deported to his or her country of origin, the case plan shall include information, to the extent possible, about a parents incarceration in a county jail or the state prison, detention by the United States Department of Homeland Security, or deportation during the time that a minor child of that parent is involved in dependency care.
(4)Reasonable services shall be offered or provided to make it possible for a child to return to a safe home environment, unless, pursuant to subdivisions (b) and (e) of Section 361.5, the court determines that reunification services shall not be provided.
(5)If reasonable services are not ordered, or are terminated, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanent plan and to complete all steps necessary to finalize the permanent placement of the child.
(c)(1)If out-of-home placement is used to attain case plan goals, the case plan shall include a description of the type of home or institution in which the child is to be placed, and the reasons for that placement decision. The decision regarding choice of placement shall be based upon selection of a safe setting that is the least restrictive or most familylike and the most appropriate setting that is available and in close proximity to the parents home, proximity to the childs school, and consistent with the selection of the environment best suited to meet the childs special needs and best interests. The selection shall consider, in order of priority, placement with relatives, nonrelated extended family members, 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 pursuant to Section 7950 of the Family Code. In all settings, children shall be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records.
(2)If a group care placement is selected for a child, the case plan shall indicate the needs of the child that necessitate this placement, the plan for transitioning the child to a less restrictive environment, and the projected timeline by which the child will be transitioned to a less restrictive environment. This section of the case plan shall be reviewed and updated at least semiannually.
(3)On or after January 1, 2012, for a nonminor dependent, as defined in subdivision (v) of Section 11400, who is receiving AFDC-FC benefits up to 21 years of age pursuant to Section 11403, in addition to the above requirements, the selection of the placement, including a supervised independent living placement, as described in subdivision (w) of Section 11400, shall also be based upon the developmental needs of young adults by providing opportunities to have incremental responsibilities that prepare a nonminor dependent to transition to independent living. If admission to, or continuation in, a group home placement is being considered for a nonminor dependent, the group home placement approval decision shall include a youth-driven, team-based case planning process, as defined by the department, in consultation with stakeholders. The case plan shall consider the full range of placement options, and shall specify why admission to, or continuation in, a group home placement is the best alternative available at the time to meet the special needs or well-being of the nonminor dependent, and how the placement will contribute to the nonminor dependents transition to independent living. The case plan shall specify the treatment strategies that will be used to prepare the nonminor dependent for discharge to a less restrictive and more familylike setting, including a target date for discharge from the group home placement. The placement shall be reviewed and updated on a regular, periodic basis to ensure that continuation in the group home remains in the best interests of the nonminor dependent and that progress is being made in achieving case plan goals leading to independent living. The group home placement planning process shall begin as soon as it becomes clear to the county welfare department or probation office that a foster child in group home placement is likely to remain in group home placement on his or her 18th birthday, in order to expedite the transition to a less restrictive and more familylike setting if he or she becomes a nonminor dependent. The case planning process shall include informing the youth of all of his or her options, including, but not limited to, admission to or continuation in a group home placement. Consideration for continuation of existing group home placement for a nonminor dependent under 19 years of age may include the need to stay in the same placement in order to complete high school. After a nonminor dependent either completes high school or attains his or her 19th birthday, whichever is earlier, continuation in or admission to a group home is prohibited unless the nonminor dependent satisfies the conditions of paragraph (5) of subdivision (b) of Section 11403, and group home placement functions as a short-term transition to the appropriate system of care. Treatment services provided by the group home placement to the nonminor dependent to alleviate or ameliorate the medical condition, as described in paragraph (5) of subdivision (b) of Section 11403, shall not constitute the sole basis to disqualify a nonminor dependent from the group home placement.
(4)In addition to the requirements of paragraphs (1) to (3), inclusive, and taking into account other statutory considerations regarding placement, the selection of the most appropriate home that will meet the childs special needs and best interests shall also promote educational stability by taking into consideration proximity to the childs school of origin, and school attendance area, the number of school transfers the child has previously experienced, and the childs school matriculation schedule, in addition to other indicators of educational stability that the Legislature hereby encourages the State Department of Social Services and the State Department of Education to develop.
(d)A written case plan shall be completed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) of Section 16501 if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever occurs first. The case plan shall be updated, as the service needs of the child and family dictate. At a minimum, the case plan shall be updated in conjunction with each status review hearing conducted pursuant to Sections 364, 366, 366.3, and 366.31, and the hearing conducted pursuant to Section 366.26, but no less frequently than once every six months. Each updated case plan shall include a description of the services that have been provided to the child under the plan and an evaluation of the appropriateness and effectiveness of those services.
(1)It is the intent of the Legislature that extending the maximum time available for preparing a written case plan from 30 to 60 days will afford caseworkers time to actively engage families, and to solicit and integrate into the case plan the input of the child and the childs family, as well as the input of relatives and other interested parties.
(2)The extension of the maximum time available for preparing a written case plan from the 30 to 60 days shall be effective 90 days after the date that the department gives counties written notice that necessary changes have been made to the Child Welfare Services Case Management System to account for the 60-day timeframe for preparing a written case plan.
(e)The child welfare services case plan shall be comprehensive enough to meet the juvenile court dependency proceedings requirements pursuant to Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2.
(f)The case plan shall be developed as follows:
(1)The case plan shall be based upon an assessment of the circumstances that required child welfare services intervention. The child shall be involved in developing the case plan as age and developmentally appropriate.
(2)The case plan shall identify specific goals and the appropriateness of the planned services in meeting those goals.
(3)The case plan shall identify the original allegations of abuse or neglect, as defined in Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the conditions cited as the basis for declaring the child a dependent of the court pursuant to Section 300, or all of these, and the other precipitating incidents that led to child welfare services intervention.
(4)The case plan shall include a description of the schedule of the placement agency contacts with the child and the family or other caretakers. The frequency of these contacts shall be in accordance with regulations adopted by the State Department of Social Services. If the child has been placed in foster care out of state, the county social worker or probation officer, or a social worker or probation officer on the staff of the agency in the state in which the child has been placed, shall visit the child in a foster family home or the home of a relative, consistent with federal law and in accordance with the departments approved state plan. For children in out-of-state group home facilities, visits shall be conducted at least monthly, pursuant to Section 16516.5. At least once every six months, at the time of a regularly scheduled placement agency contact with the foster child, the childs social worker or probation officer shall inform the child of his or her rights as a foster child, as specified in Section 16001.9. The social worker or probation officer shall provide the information to the child in a manner appropriate to the age or developmental level of the child.
(5)(A)When out-of-home services are used, the frequency of contact between the natural parents or legal guardians and the child shall be specified in the case plan. The frequency of those contacts shall reflect overall case goals, and consider other principles outlined in this section.
(B)Information regarding any court-ordered visitation between the child and the natural parents or legal guardians, and the terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(6)When out-of-home placement is made, the case plan shall include provisions for the development and maintenance of sibling relationships as specified in subdivisions (b), (c), and (d) of Section 16002. If appropriate, when siblings who are dependents of the juvenile court are not placed together, the social worker for each child, if different, shall communicate with each of the other social workers and ensure that the childs siblings are informed of significant life events that occur within their extended family. Unless it has been determined that it is inappropriate in a particular case to keep siblings informed of significant life events that occur within the extended family, the social worker shall determine the appropriate means and setting for disclosure of this information to the child commensurate with the childs age and emotional well-being. These significant life events shall include, but shall not be limited to, the following:
(A)The death of an immediate relative.
(B)The birth of a sibling.
(C)Significant changes regarding a dependent child, unless the child objects to the sharing of the information with his or her siblings, including changes in placement, major medical or mental health diagnoses, treatments, or hospitalizations, arrests, and changes in the permanent plan.
(7)If out-of-home placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the childs parent or out of state, the case plan shall specify the reasons why that placement is in the best interest of the child. When an out-of-state group home placement is recommended or made, the case plan shall, in addition, specify compliance with Section 7911.1 of the Family Code.
(8)Effective January 1, 2010, a case plan shall ensure the educational stability of the child while in foster care and shall include both of the following:
(A)An assurance that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
(B)An assurance that the placement agency has coordinated with the person holding the right to make educational decisions for the child and appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement or, if remaining in that school is not in the best interests of the child, assurances by the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the childs educational records to the new school.
(9)(A)If out-of-home services are used, or if parental rights have been terminated and the case plan is placement for adoption, the case plan shall include a recommendation regarding the appropriateness of unsupervised visitation between the child and any of the childs siblings. This recommendation shall include a statement regarding the childs and the siblings willingness to participate in unsupervised visitation. If the case plan includes a recommendation for unsupervised sibling visitation, the plan shall also note that information necessary to accomplish this visitation has been provided to the child or to the childs siblings.
(B)Information regarding the schedule and frequency of the visits between the child and siblings, as well as any court-ordered terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(10)If out-of-home services are used and the goal is reunification, the case plan shall describe the services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail. The plan shall also consider in-state and out-of-state placements, the importance of developing and maintaining sibling relationships pursuant to Section 16002, and the desire and willingness of the caregiver to provide legal permanency for the child if reunification is unsuccessful.
(11)If out-of-home services are used, the child has been in care for at least 12 months, and the goal is not adoptive placement, the case plan shall include documentation of the compelling reason or reasons why termination of parental rights is not in the childs best interest. A determination completed or updated within the past 12 months by the department when it is acting as an adoption agency or by a licensed adoption agency that it is unlikely that the child will be adopted, or that one of the conditions described in paragraph (1) of subdivision (c) of Section 366.26 applies, shall be deemed a compelling reason.
(12)(A)Parents and legal guardians shall have an opportunity to review the case plan, and to sign it whenever possible, and then shall receive a copy of the plan. In a voluntary service or placement agreement, the parents or legal guardians shall be required to review and sign the case plan. Whenever possible, parents and legal guardians shall participate in the development of the case plan. Commencing January 1, 2012, for nonminor dependents, as defined in subdivision (v) of Section 11400, who are receiving AFDC-FC or CalWORKs assistance up to 21 years of age pursuant to Section 11403, the transitional independent living case plan, as set forth in subdivision (y) of Section 11400, shall be developed with, and signed by, the nonminor.
(B)Parents and legal guardians shall be advised that, pursuant to Section 1228.1 of the Evidence Code, neither their signature on the child welfare services case plan nor their acceptance of any services prescribed in the child welfare services case plan shall constitute an admission of guilt or be used as evidence against the parent or legal guardian in a court of law. However, they shall also be advised that the parents or guardians failure to cooperate, except for good cause, in the provision of services specified in the child welfare services case plan may be used in any hearing held pursuant to Section 366.21, 366.22, or 366.25 as evidence.
(13)A child shall be given a meaningful opportunity to participate in the development of the case plan and state his or her preference for foster care placement. A child who is 12 years of age or older and in a permanent placement shall also be given the opportunity to review the case plan, sign the case plan, and receive a copy of the case plan.
(14)The case plan shall be included in the court report and shall be considered by the court at the initial hearing and each review hearing. Modifications to the case plan made during the period between review hearings need not be approved by the court if the casework supervisor for that case determines that the modifications further the goals of the plan. If out-of-home services are used with the goal of family reunification, the case plan shall consider and describe the application of subdivision (b) of Section 11203.
(15)If the case plan has as its goal for the child a permanent plan of adoption or placement in another permanent home, it shall include a statement of the childs wishes regarding their permanent placement plan and an assessment of those stated wishes. The agency shall also include documentation of the steps the agency is taking to find an adoptive family or other permanent living arrangements for the child; to place the child with an adoptive family, an appropriate and willing relative, a legal guardian, or in another planned permanent living arrangement; and to finalize the adoption or legal guardianship. At a minimum, the documentation shall include child-specific recruitment efforts, such as the use of state, regional, and national adoption exchanges, including electronic exchange systems, when the child has been freed for adoption. If the plan is for kinship guardianship, the case plan shall document how the child meets the kinship guardianship eligibility requirements.
(16)(A)When appropriate, for a child who is 16 years of age or older and, commencing January 1, 2012, for a nonminor dependent, the case plan shall include the transitional independent living plan (TILP), a written description of the programs and services that will help the child, consistent with the childs best interests, to prepare for the transition from foster care to independent living, and, in addition, whether the youth has an in-progress application pending for Title XVI Supplemental Security Income benefits or for Special Immigrant Juvenile Status or other applicable application for legal residency and an active dependency case is required for that application. When appropriate, for a nonminor dependent, the transitional independent living case plan, as described in subdivision (v) of Section 11400, shall include the TILP, a written description of the programs and services that will help the nonminor dependent, consistent with his or her best interests, to prepare for transition from foster care and assist the youth in meeting the eligibility criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) Section 11403. If applicable, the case plan shall describe the individualized supervision provided in the supervised independent living placement as defined in subdivision (w) of Section 11400. The case plan shall be developed with the child or nonminor dependent and individuals identified as important to the child or nonminor dependent, and shall include steps the agency is taking to ensure that the child or nonminor dependent achieves permanence, including maintaining or obtaining permanent connections to caring and committed adults.
(B)During the 90-day period prior to the participant attaining 18 years of age or older as the state may elect under Section 475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)(iii)), whether during that period foster care maintenance payments are being made on the childs behalf or the child is receiving benefits or services under Section 477 of the federal Social Security Act (42 U.S.C. Sec. 677), a caseworker or other appropriate agency staff or probation officer and other representatives of the participant, as appropriate, shall provide the youth or nonminor with assistance and support in developing the written 90-day transition plan, that is personalized at the direction of the child, information as detailed as the participant elects that shall include, but not be limited to, options regarding housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, a power of attorney for health care, and information regarding the advance health care directive form.
(C)For youth 16 years of age or older, the case plan shall include documentation that a consumer credit report was requested annually from each of the three major credit reporting agencies at no charge to the youth and that any results were provided to the youth. For nonminor dependents, the case plan shall include documentation that the county assisted the nonminor dependent in obtaining his or her reports. The case plan shall include documentation of barriers, if any, to obtaining the credit reports. If the consumer credit report reveals any accounts, the case plan shall detail how the county ensured the youth received assistance with interpreting the credit report and resolving any inaccuracies, including any referrals made for the assistance.
(g)If the court finds, after considering the case plan, that unsupervised sibling visitation is appropriate and has been consented to, the court shall order that the child or the childs siblings, the childs current caregiver, and the childs prospective adoptive parents, if applicable, be provided with information necessary to accomplish this visitation. This section does not require or prohibit the social workers facilitation, transportation, or supervision of visits between the child and his or her siblings.
(h)The case plan documentation on sibling placements required under this section shall not require modification of existing case plan forms until the Child Welfare Services Case Management System is implemented on a statewide basis.
(i)When a child is 10 years of age or older and has been in out-of-home placement for six months or longer, the case plan shall include an identification of individuals, other than the childs siblings, who are important to the child and actions necessary to maintain the childs relationship with those individuals, provided that those relationships are in the best interest of the child. The social worker or probation officer shall ask every child who is 10 years of age or older and who has been in out-of-home placement for six months or longer to identify individuals other than the childs siblings who are important to the child, and may ask any other child to provide that information, as appropriate. The social worker or probation officer shall make efforts to identify other individuals who are important to the child, consistent with the childs best interests.
(j)The childs caregiver shall be provided a copy of a plan outlining the childs needs and services. The nonminor dependents caregiver shall be provided with a copy of the nonminors TILP.
(k)On or before June 30, 2008, the department, in consultation with the County Welfare Directors Association of California and other advocates, shall develop a comprehensive plan to ensure that 90 percent of foster children are visited by their caseworkers on a monthly basis by October 1, 2011, and that the majority of the visits occur in the residence of the child. The plan shall include any data reporting requirements necessary to comply with the provisions of the federal Child and Family Services Improvement Act of 2006 (Public Law 109-288).
(l)The implementation and operation of the amendments to subdivision (i) enacted at the 200506 Regular Session shall be subject to appropriation through the budget process and by phase, as provided in Section 366.35.
SEC. 3.Section 16006 is added to the Welfare and Institutions Code, to read:16006.Children and nonminor dependents in out-of-home care shall be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Foster children and nonminor dependents in out-of-home care shall be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records.
(b)The departments Community Care Licensing Division shall promulgate regulations implementing this section.
SECTION 1.Section 1502.8 is added to the Health and Safety Code, to read:1502.8.The department shall adopt regulations consistent with paragraph (24) of subdivision (a) of Section 16001.9 of the Welfare and Institutions Code.
SEC. 2.Section 16001.9 of the Welfare and Institutions Code is amended to read:16001.9.(a)It is the policy of the state that all minors and nonminors in foster care shall have the following rights:
(1)To live in a safe, healthy, and comfortable home where he or she is treated with respect.
(2)To be free from physical, sexual, emotional, or other abuse, or corporal punishment.
(3)To receive adequate and healthy food, adequate clothing, and, for youth in group homes, an allowance.
(4)To receive medical, dental, vision, and mental health services.
(5)To be free of the administration of medication or chemical substances, unless authorized by a physician.
(6)To contact family members, unless prohibited by court order, and social workers, attorneys, foster youth advocates and supporters, Court Appointed Special Advocates (CASAs), and probation officers.
(7)To visit and contact brothers and sisters, unless prohibited by court order.
(8)To contact the Community Care Licensing Division of the State Department of Social Services or the State Foster Care Ombudsperson regarding violations of rights, to speak to representatives of these offices confidentially, and to be free from threats or punishment for making complaints.
(9)To make and receive confidential telephone calls and send and receive unopened mail, unless prohibited by court order.
(10)To attend religious services and activities of his or her choice.
(11)To maintain an emancipation bank account and manage personal income, consistent with the childs age and developmental level, unless prohibited by the case plan.
(12)To not be locked in a room, building, or facility premises, unless placed in a community treatment facility.
(13)To attend school and participate in extracurricular, cultural, and personal enrichment activities, consistent with the childs age and developmental level, with minimal disruptions to school attendance and educational stability.
(14)To work and develop job skills at an age-appropriate level, consistent with state law.
(15)To have social contacts with people outside of the foster care system, including teachers, church members, mentors, and friends.
(16)To attend Independent Living Program classes and activities if he or she meets age requirements.
(17)To attend court hearings and speak to the judge.
(18)To have storage space for private use.
(19)To be involved in the development of his or her own case plan and plan for permanent placement.
(20)To 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 to receive information about his or her out-of-home placement and case plan, including being told of changes to the plan.
(21)To be free from unreasonable searches of personal belongings.
(22)To the confidentiality of all juvenile court records consistent with existing law.
(23)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.
(24)To be placed in out-of home out-of-home care according to their gender identity, regardless of the gender or sex listed in their court or child welfare records.
(25)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.
(26)At 16 years of age or older, to have access to existing information regarding the educational options available, including, but not limited to, the coursework necessary for vocational and postsecondary educational programs, and information regarding financial aid for postsecondary education.
(27)To have access to age-appropriate, medically accurate information about reproductive health care, the prevention of unplanned pregnancy, and the prevention and treatment of sexually transmitted infections at 12 years of age or older.
(b)Nothing in this section shall be interpreted to require a foster care provider to take any action that would impair the health and safety of children in out-of-home placement.
(c)The State Department of Social Services and each county welfare department are encouraged to work with the Student Aid Commission, the University of California, the California State University, and the California Community Colleges to receive information pursuant to paragraph (26) of subdivision (a).
SEC. 3.Section 16501.1 of the Welfare and Institutions Code is amended to read:16501.1.(a)(1)The Legislature finds and declares that the foundation and central unifying tool in child welfare services is the case plan.
(2)The Legislature further finds and declares that a case plan ensures that the child receives protection and safe and proper care and case management, and that services are provided to the child and parents or other caretakers, as appropriate, in order to improve conditions in the parents home, to facilitate the safe return of the child to a safe home or the permanent placement of the child, and to address the needs of the child while in foster care.
(b)(1)A case plan shall be based upon the principles of this section and shall document that a preplacement assessment of the service needs of the child and family, and preplacement preventive services, have been provided, and that reasonable efforts to prevent out-of-home placement have been made.
(2)In determining the reasonable services to be offered or provided, the childs health and safety shall be the paramount concerns.
(3)Upon a determination pursuant to paragraph (1) of subdivision (e) of Section 361.5 that reasonable services will be offered to a parent who is incarcerated in a county jail or state prison, detained by the United States Department of Homeland Security, or deported to his or her country of origin, the case plan shall include information, to the extent possible, about a parents incarceration in a county jail or the state prison, detention by the United States Department of Homeland Security, or deportation during the time that a minor child of that parent is involved in dependency care.
(4)Reasonable services shall be offered or provided to make it possible for a child to return to a safe home environment, unless, pursuant to subdivisions (b) and (e) of Section 361.5, the court determines that reunification services shall not be provided.
(5)If reasonable services are not ordered, or are terminated, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanent plan and to complete all steps necessary to finalize the permanent placement of the child.
(c)(1)If out-of-home placement is used to attain case plan goals, the case plan shall include a description of the type of home or institution in which the child is to be placed, and the reasons for that placement decision. The decision regarding choice of placement shall be based upon selection of a safe setting that is the least restrictive or most familylike and the most appropriate setting that is available and in close proximity to the parents home, proximity to the childs school, and consistent with the selection of the environment best suited to meet the childs special needs and best interests. The selection shall consider, in order of priority, placement with relatives, nonrelated extended family members, 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 pursuant to Section 7950 of the Family Code. In all settings, children shall be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records.
(2)If a group care placement is selected for a child, the case plan shall indicate the needs of the child that necessitate this placement, the plan for transitioning the child to a less restrictive environment, and the projected timeline by which the child will be transitioned to a less restrictive environment. This section of the case plan shall be reviewed and updated at least semiannually.
(3)On or after January 1, 2012, for a nonminor dependent, as defined in subdivision (v) of Section 11400, who is receiving AFDC-FC benefits up to 21 years of age pursuant to Section 11403, in addition to the above requirements, the selection of the placement, including a supervised independent living placement, as described in subdivision (w) of Section 11400, shall also be based upon the developmental needs of young adults by providing opportunities to have incremental responsibilities that prepare a nonminor dependent to transition to independent living. If admission to, or continuation in, a group home placement is being considered for a nonminor dependent, the group home placement approval decision shall include a youth-driven, team-based case planning process, as defined by the department, in consultation with stakeholders. The case plan shall consider the full range of placement options, and shall specify why admission to, or continuation in, a group home placement is the best alternative available at the time to meet the special needs or well-being of the nonminor dependent, and how the placement will contribute to the nonminor dependents transition to independent living. The case plan shall specify the treatment strategies that will be used to prepare the nonminor dependent for discharge to a less restrictive and more familylike setting, including a target date for discharge from the group home placement. The placement shall be reviewed and updated on a regular, periodic basis to ensure that continuation in the group home remains in the best interests of the nonminor dependent and that progress is being made in achieving case plan goals leading to independent living. The group home placement planning process shall begin as soon as it becomes clear to the county welfare department or probation office that a foster child in group home placement is likely to remain in group home placement on his or her 18th birthday, in order to expedite the transition to a less restrictive and more familylike setting if he or she becomes a nonminor dependent. The case planning process shall include informing the youth of all of his or her options, including, but not limited to, admission to or continuation in a group home placement. Consideration for continuation of existing group home placement for a nonminor dependent under 19 years of age may include the need to stay in the same placement in order to complete high school. After a nonminor dependent either completes high school or attains his or her 19th birthday, whichever is earlier, continuation in or admission to a group home is prohibited unless the nonminor dependent satisfies the conditions of paragraph (5) of subdivision (b) of Section 11403, and group home placement functions as a short-term transition to the appropriate system of care. Treatment services provided by the group home placement to the nonminor dependent to alleviate or ameliorate the medical condition, as described in paragraph (5) of subdivision (b) of Section 11403, shall not constitute the sole basis to disqualify a nonminor dependent from the group home placement.
(4)In addition to the requirements of paragraphs (1) to (3), inclusive, and taking into account other statutory considerations regarding placement, the selection of the most appropriate home that will meet the childs special needs and best interests shall also promote educational stability by taking into consideration proximity to the childs school of origin, and school attendance area, the number of school transfers the child has previously experienced, and the childs school matriculation schedule, in addition to other indicators of educational stability that the Legislature hereby encourages the State Department of Social Services and the State Department of Education to develop.
(d)A written case plan shall be completed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) of Section 16501 if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever occurs first. The case plan shall be updated, as the service needs of the child and family dictate. At a minimum, the case plan shall be updated in conjunction with each status review hearing conducted pursuant to Sections 364, 366, 366.3, and 366.31, and the hearing conducted pursuant to Section 366.26, but no less frequently than once every six months. Each updated case plan shall include a description of the services that have been provided to the child under the plan and an evaluation of the appropriateness and effectiveness of those services.
(1)It is the intent of the Legislature that extending the maximum time available for preparing a written case plan from 30 to 60 days will afford caseworkers time to actively engage families, and to solicit and integrate into the case plan the input of the child and the childs family, as well as the input of relatives and other interested parties.
(2)The extension of the maximum time available for preparing a written case plan from the 30 to 60 days shall be effective 90 days after the date that the department gives counties written notice that necessary changes have been made to the Child Welfare Services Case Management System to account for the 60-day timeframe for preparing a written case plan.
(e)The child welfare services case plan shall be comprehensive enough to meet the juvenile court dependency proceedings requirements pursuant to Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2.
(f)The case plan shall be developed as follows:
(1)The case plan shall be based upon an assessment of the circumstances that required child welfare services intervention. The child shall be involved in developing the case plan as age and developmentally appropriate.
(2)The case plan shall identify specific goals and the appropriateness of the planned services in meeting those goals.
(3)The case plan shall identify the original allegations of abuse or neglect, as defined in Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the conditions cited as the basis for declaring the child a dependent of the court pursuant to Section 300, or all of these, and the other precipitating incidents that led to child welfare services intervention.
(4)The case plan shall include a description of the schedule of the placement agency contacts with the child and the family or other caretakers. The frequency of these contacts shall be in accordance with regulations adopted by the State Department of Social Services. If the child has been placed in foster care out of state, the county social worker or probation officer, or a social worker or probation officer on the staff of the agency in the state in which the child has been placed, shall visit the child in a foster family home or the home of a relative, consistent with federal law and in accordance with the departments approved state plan. For children in out-of-state group home facilities, visits shall be conducted at least monthly, pursuant to Section 16516.5. At least once every six months, at the time of a regularly scheduled placement agency contact with the foster child, the childs social worker or probation officer shall inform the child of his or her rights as a foster child, as specified in Section 16001.9. The social worker or probation officer shall provide the information to the child in a manner appropriate to the age or developmental level of the child.
(5)(A)When out-of-home services are used, the frequency of contact between the natural parents or legal guardians and the child shall be specified in the case plan. The frequency of those contacts shall reflect overall case goals, and consider other principles outlined in this section.
(B)Information regarding any court-ordered visitation between the child and the natural parents or legal guardians, and the terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(6)When out-of-home placement is made, the case plan shall include provisions for the development and maintenance of sibling relationships as specified in subdivisions (b), (c), and (d) of Section 16002. If appropriate, when siblings who are dependents of the juvenile court are not placed together, the social worker for each child, if different, shall communicate with each of the other social workers and ensure that the childs siblings are informed of significant life events that occur within their extended family. Unless it has been determined that it is inappropriate in a particular case to keep siblings informed of significant life events that occur within the extended family, the social worker shall determine the appropriate means and setting for disclosure of this information to the child commensurate with the childs age and emotional well-being. These significant life events shall include, but shall not be limited to, the following:
(A)The death of an immediate relative.
(B)The birth of a sibling.
(C)Significant changes regarding a dependent child, unless the child objects to the sharing of the information with his or her siblings, including changes in placement, major medical or mental health diagnoses, treatments, or hospitalizations, arrests, and changes in the permanent plan.
(7)If out-of-home placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the childs parent or out of state, the case plan shall specify the reasons why that placement is in the best interest of the child. When an out-of-state group home placement is recommended or made, the case plan shall, in addition, specify compliance with Section 7911.1 of the Family Code.
(8)Effective January 1, 2010, a case plan shall ensure the educational stability of the child while in foster care and shall include both of the following:
(A)An assurance that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
(B)An assurance that the placement agency has coordinated with the person holding the right to make educational decisions for the child and appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement or, if remaining in that school is not in the best interests of the child, assurances by the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the childs educational records to the new school.
(9)(A)If out-of-home services are used, or if parental rights have been terminated and the case plan is placement for adoption, the case plan shall include a recommendation regarding the appropriateness of unsupervised visitation between the child and any of the childs siblings. This recommendation shall include a statement regarding the childs and the siblings willingness to participate in unsupervised visitation. If the case plan includes a recommendation for unsupervised sibling visitation, the plan shall also note that information necessary to accomplish this visitation has been provided to the child or to the childs siblings.
(B)Information regarding the schedule and frequency of the visits between the child and siblings, as well as any court-ordered terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(10)If out-of-home services are used and the goal is reunification, the case plan shall describe the services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail. The plan shall also consider in-state and out-of-state placements, the importance of developing and maintaining sibling relationships pursuant to Section 16002, and the desire and willingness of the caregiver to provide legal permanency for the child if reunification is unsuccessful.
(11)If out-of-home services are used, the child has been in care for at least 12 months, and the goal is not adoptive placement, the case plan shall include documentation of the compelling reason or reasons why termination of parental rights is not in the childs best interest. A determination completed or updated within the past 12 months by the department when it is acting as an adoption agency or by a licensed adoption agency that it is unlikely that the child will be adopted, or that one of the conditions described in paragraph (1) of subdivision (c) of Section 366.26 applies, shall be deemed a compelling reason.
(12)(A)Parents and legal guardians shall have an opportunity to review the case plan, and to sign it whenever possible, and then shall receive a copy of the plan. In a voluntary service or placement agreement, the parents or legal guardians shall be required to review and sign the case plan. Whenever possible, parents and legal guardians shall participate in the development of the case plan. Commencing January 1, 2012, for nonminor dependents, as defined in subdivision (v) of Section 11400, who are receiving AFDC-FC or CalWORKs assistance up to 21 years of age pursuant to Section 11403, the transitional independent living case plan, as set forth in subdivision (y) of Section 11400, shall be developed with, and signed by, the nonminor.
(B)Parents and legal guardians shall be advised that, pursuant to Section 1228.1 of the Evidence Code, neither their signature on the child welfare services case plan nor their acceptance of any services prescribed in the child welfare services case plan shall constitute an admission of guilt or be used as evidence against the parent or legal guardian in a court of law. However, they shall also be advised that the parents or guardians failure to cooperate, except for good cause, in the provision of services specified in the child welfare services case plan may be used in any hearing held pursuant to Section 366.21, 366.22, or 366.25 as evidence.
(13)A child shall be given a meaningful opportunity to participate in the development of the case plan and state his or her preference for foster care placement. A child who is 12 years of age or older and in a permanent placement shall also be given the opportunity to review the case plan, sign the case plan, and receive a copy of the case plan.
(14)The case plan shall be included in the court report and shall be considered by the court at the initial hearing and each review hearing. Modifications to the case plan made during the period between review hearings need not be approved by the court if the casework supervisor for that case determines that the modifications further the goals of the plan. If out-of-home services are used with the goal of family reunification, the case plan shall consider and describe the application of subdivision (b) of Section 11203.
(15)If the case plan has as its goal for the child a permanent plan of adoption or placement in another permanent home, it shall include a statement of the childs wishes regarding their permanent placement plan and an assessment of those stated wishes. The agency shall also include documentation of the steps the agency is taking to find an adoptive family or other permanent living arrangements for the child; to place the child with an adoptive family, an appropriate and willing relative, a legal guardian, or in another planned permanent living arrangement; and to finalize the adoption or legal guardianship. At a minimum, the documentation shall include child-specific recruitment efforts, such as the use of state, regional, and national adoption exchanges, including electronic exchange systems, when the child has been freed for adoption. If the plan is for kinship guardianship, the case plan shall document how the child meets the kinship guardianship eligibility requirements.
(16)(A)When appropriate, for a child who is 16 years of age or older and, commencing January 1, 2012, for a nonminor dependent, the case plan shall include the transitional independent living plan (TILP), a written description of the programs and services that will help the child, consistent with the childs best interests, to prepare for the transition from foster care to independent living, and, in addition, whether the youth has an in-progress application pending for Title XVI Supplemental Security Income benefits or for Special Immigrant Juvenile Status or other applicable application for legal residency and an active dependency case is required for that application. When appropriate, for a nonminor dependent, the transitional independent living case plan, as described in subdivision (v) of Section 11400, shall include the TILP, a written description of the programs and services that will help the nonminor dependent, consistent with his or her best interests, to prepare for transition from foster care and assist the youth in meeting the eligibility criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) Section 11403. If applicable, the case plan shall describe the individualized supervision provided in the supervised independent living placement as defined in subdivision (w) of Section 11400. The case plan shall be developed with the child or nonminor dependent and individuals identified as important to the child or nonminor dependent, and shall include steps the agency is taking to ensure that the child or nonminor dependent achieves permanence, including maintaining or obtaining permanent connections to caring and committed adults.
(B)During the 90-day period prior to the participant attaining 18 years of age or older as the state may elect under Section 475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)(iii)), whether during that period foster care maintenance payments are being made on the childs behalf or the child is receiving benefits or services under Section 477 of the federal Social Security Act (42 U.S.C. Sec. 677), a caseworker or other appropriate agency staff or probation officer and other representatives of the participant, as appropriate, shall provide the youth or nonminor with assistance and support in developing the written 90-day transition plan, that is personalized at the direction of the child, information as detailed as the participant elects that shall include, but not be limited to, options regarding housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, a power of attorney for health care, and information regarding the advance health care directive form.
(C)For youth 16 years of age or older, the case plan shall include documentation that a consumer credit report was requested annually from each of the three major credit reporting agencies at no charge to the youth and that any results were provided to the youth. For nonminor dependents, the case plan shall include documentation that the county assisted the nonminor dependent in obtaining his or her reports. The case plan shall include documentation of barriers, if any, to obtaining the credit reports. If the consumer credit report reveals any accounts, the case plan shall detail how the county ensured the youth received assistance with interpreting the credit report and resolving any inaccuracies, including any referrals made for the assistance.
(g)If the court finds, after considering the case plan, that unsupervised sibling visitation is appropriate and has been consented to, the court shall order that the child or the childs siblings, the childs current caregiver, and the childs prospective adoptive parents, if applicable, be provided with information necessary to accomplish this visitation. This section does not require or prohibit the social workers facilitation, transportation, or supervision of visits between the child and his or her siblings.
(h)The case plan documentation on sibling placements required under this section shall not require modification of existing case plan forms until the Child Welfare Services Case Management System is implemented on a statewide basis.
(i)When a child is 10 years of age or older and has been in out-of-home placement for six months or longer, the case plan shall include an identification of individuals, other than the childs siblings, who are important to the child and actions necessary to maintain the childs relationship with those individuals, provided that those relationships are in the best interest of the child. The social worker or probation officer shall ask every child who is 10 years of age or older and who has been in out-of-home placement for six months or longer to identify individuals other than the childs siblings who are important to the child, and may ask any other child to provide that information, as appropriate. The social worker or probation officer shall make efforts to identify other individuals who are important to the child, consistent with the childs best interests.
(j)The childs caregiver shall be provided a copy of a plan outlining the childs needs and services. The nonminor dependents caregiver shall be provided with a copy of the nonminors TILP.
(k)On or before June 30, 2008, the department, in consultation with the County Welfare Directors Association of California and other advocates, shall develop a comprehensive plan to ensure that 90 percent of foster children are visited by their caseworkers on a monthly basis by October 1, 2011, and that the majority of the visits occur in the residence of the child. The plan shall include any data reporting requirements necessary to comply with the provisions of the federal Child and Family Services Improvement Act of 2006 (Public Law 109-288).
(l)The implementation and operation of the amendments to subdivision (i) enacted at the 200506 Regular Session shall be subject to appropriation through the budget process and by phase, as provided in Section 366.35.
SEC. 3.SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Foster children and nonminor dependents in out-of-home care shall be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records.
(b)The departments Community Care Licensing Division shall promulgate regulations implementing this section.
SEC. 2.Section 16001.9 of the Welfare and Institutions Code is amended to read:16001.9.(a)It is the policy of the state that all minors and nonminors in foster care shall have the following rights:
(1)To live in a safe, healthy, and comfortable home where he or she is treated with respect.
(2)To be free from physical, sexual, emotional, or other abuse, or corporal punishment.
(3)To receive adequate and healthy food, adequate clothing, and, for youth in group homes, an allowance.
(4)To receive medical, dental, vision, and mental health services.
(5)To be free of the administration of medication or chemical substances, unless authorized by a physician.
(6)To contact family members, unless prohibited by court order, and social workers, attorneys, foster youth advocates and supporters, Court Appointed Special Advocates (CASAs), and probation officers.
(7)To visit and contact brothers and sisters, unless prohibited by court order.
(8)To contact the Community Care Licensing Division of the State Department of Social Services or the State Foster Care Ombudsperson regarding violations of rights, to speak to representatives of these offices confidentially, and to be free from threats or punishment for making complaints.
(9)To make and receive confidential telephone calls and send and receive unopened mail, unless prohibited by court order.
(10)To attend religious services and activities of his or her choice.
(11)To maintain an emancipation bank account and manage personal income, consistent with the childs age and developmental level, unless prohibited by the case plan.
(12)To not be locked in a room, building, or facility premises, unless placed in a community treatment facility.
(13)To attend school and participate in extracurricular, cultural, and personal enrichment activities, consistent with the childs age and developmental level, with minimal disruptions to school attendance and educational stability.
(14)To work and develop job skills at an age-appropriate level, consistent with state law.
(15)To have social contacts with people outside of the foster care system, including teachers, church members, mentors, and friends.
(16)To attend Independent Living Program classes and activities if he or she meets age requirements.
(17)To attend court hearings and speak to the judge.
(18)To have storage space for private use.
(19)To be involved in the development of his or her own case plan and plan for permanent placement.
(20)To 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 to receive information about his or her out-of-home placement and case plan, including being told of changes to the plan.
(21)To be free from unreasonable searches of personal belongings.
(22)To the confidentiality of all juvenile court records consistent with existing law.
(23)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.
(24)To be placed in out-of home care according to their gender identity, regardless of the gender or sex listed in their court or child welfare records.
(24)
(25)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.
(25)
(26)At 16 years of age or older, to have access to existing information regarding the educational options available, including, but not limited to, the coursework necessary for vocational and postsecondary educational programs, and information regarding financial aid for postsecondary education.
(26)
(27)To have access to age-appropriate, medically accurate information about reproductive health care, the prevention of unplanned pregnancy, and the prevention and treatment of sexually transmitted infections at 12 years of age or older.
(b)Nothing in this section shall be interpreted to require a foster care provider to take any action that would impair the health and safety of children in out-of-home placement.
(c)The State Department of Social Services and each county welfare department are encouraged to work with the Student Aid Commission, the University of California, the California State University, and the California Community Colleges to receive information pursuant to paragraph (23) (26) of subdivision (a).
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
|
Date
|
Status
|
|---|---|
| Aug 31, 2015 | Read third time and amended. |
| Jun 1, 2015 | Read third time. Passed. (Ayes 28. Noes 5.) Ordered to the Assembly. |
| Jun 2, 2015 | In Assembly. Read first time. Held at Desk. |
| Jun 18, 2015 | Referred to Com. on HUM. S. |
| Jul 15, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 14). Re-referred to Com. on APPR. |
| Aug 19, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Aug 26, 2015 | From committee: Do pass. (Ayes 12. Noes 1.) (August 26). |
| Aug 27, 2015 | Read second time. Ordered to third reading. |
| Aug 31, 2015 | Ordered to third reading. |
| Jun 1, 2015 | Read third time. Passed. (Ayes 28. Noes 5. Page 1191.) Ordered to the Assembly. |
| Sep 2, 2015 | In Senate. Concurrence in Assembly amendments pending. |
| Sep 2, 2015 | Read third time. Passed. Ordered to the Senate. |
| Sep 2, 2015 | Read third time. Passed. (Ayes 60. Noes 0. Page 2781.) Ordered to the Senate. |
| Sep 3, 2015 | Assembly amendments concurred in. (Ayes 26. Noes 10.) Ordered to engrossing and enrolling. |
| Sep 3, 2015 | Assembly amendments concurred in. (Ayes 27. Noes 10. Page 2446.) Ordered to engrossing and enrolling. |
| Sep 9, 2015 | Enrolled and presented to the Governor at 4:30 p.m. |
| Oct 11, 2015 | Approved by the Governor. |
| Oct 11, 2015 | Chaptered by Secretary of State. Chapter 805, Statutes of 2015. |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 820.) (April 28). Re-referred to Com. on APPR. |
| Mar 2, 2015 | From printer. May be acted upon on or after April 1. |
| Mar 2, 2015 | Read first time. |
| Mar 19, 2015 | Referred to Coms. on HUMAN S. and JUD. |
| Mar 24, 2015 | Set for hearing April 14. |
| Apr 14, 2015 | April 14 hearing postponed by committee. |
| Apr 15, 2015 | Set for hearing April 21. |
| Apr 22, 2015 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 3. Noes 0. Page 727.) (April 21). Re-referred to Com. on JUD. |
| Apr 23, 2015 | Set for hearing April 28. |
| Feb 27, 2015 | Introduced. To Com. on RLS. for assignment. To print. |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 28). Re-referred to Com. on APPR. |
| May 1, 2015 | Set for hearing May 11. |
| May 11, 2015 | May 11 hearing: Placed on APPR. suspense file. |
| May 23, 2015 | Set for hearing May 28. |
| May 28, 2015 | From committee: Do pass. (Ayes 5. Noes 1. Page 1159.) (May 28). |
| May 28, 2015 | From committee: Do pass. (Ayes 5. Noes 1.) (May 28). |
| May 28, 2015 | Read second time. Ordered to third reading. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 3, 2015 | Unfinished Business SB731 Leno Concurrence | Senate Floor |
Passed |
|
| Sep 2, 2015 | SB 731 Leno Senate Third Reading By CHU | Assembly Floor |
Passed |
|
| Aug 26, 2015 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jul 14, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Human Services |
Passed |
|
| Jun 1, 2015 | Senate 3rd Reading SB731 Leno | Senate Floor |
Passed |
|
| May 28, 2015 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| May 11, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 28, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Judiciary |
Passed |
|
| Apr 21, 2015 | Do pass, but first be re-referred to the Committee on [Judiciary] | Senate Standing Committee on Human Services |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American Civil Liberties Union of California | ** Support | Sep 2, 2015 |
| California Alliance Of Child And Family Services | ** Support | Sep 2, 2015 |
| California Coalition For Youth | ** Support | Jul 14, 2015 |
| California Communities United Institute | ** Support | Sep 2, 2015 |
| Children'S Law Center Of California | * Support | Jul 14, 2015 |
| County Welfare Directors Association of California | ** Support | Sep 2, 2015 |
| East Bay Agency for Children | * Support | Jul 14, 2015 |
| East Bay Children's Law Offices | ** Support | Sep 2, 2015 |
| Equality California | ** Support | Sep 2, 2015 |
| Family Builders | ** Support | Sep 2, 2015 |
| Gender Health Center | ** Support | Sep 2, 2015 |
| Gender Spectrum | ** Support | Sep 2, 2015 |
| Juvenile Court Judges of California | ** Support | Sep 2, 2015 |
| Legal Services for Children | ** Support | Sep 2, 2015 |
| Los Angeles LGBT Center | * Support | Jul 14, 2015 |
| Mental Health America of Northern California | * Indeterminate | Jul 14, 2015 |
| National Association of Social Workers | ** Support | Sep 2, 2015 |
| National Association Of Social Workers, California Chapter | ** Support | Jul 14, 2015 |
| National Center for Lesbian Rights | ** Support | Sep 2, 2015 |
| National Center for Youth Law | ** Support | Sep 2, 2015 |
| National Council on Crime & Delinquency | ** Support | Sep 2, 2015 |
| Santa Clara Board of Supervisors | ** Support | Jun 1, 2015 |
| Santa Clara County Board of Supervisors | * Support | Jul 14, 2015 |
| Transgender Law Center | ** Support | Jun 1, 2015 |
| Youth Law Center | ** Support | Sep 2, 2015 |
SB 731
Page 6
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
UNFINISHED BUSINESS
Bill No: SB 731
Amended: 8/31/15
SENATE HUMAN SERVICES COMMITTEE: 3-0, 4/21/15
AYES: McGuire, Hancock, Liu
NO VOTE RECORDED: Berryhill, Nguyen
SENATE JUDICIARY COMMITTEE: 5-1, 4/28/15
AYES: Jackson, Hertzberg, Leno, Monning, Wieckowski
NOES: Anderson
NO VOTE RECORDED: Moorlach
SENATE APPROPRIATIONS COMMITTEE: 5-1, 5/28/15
AYES: Lara, Beall, Hill, Leyva, Mendoza
NOES: Nielsen
NO VOTE RECORDED: Bates
SENATE FLOOR: 28-5, 6/1/15
AYES: Allen, Beall, Block, Cannella, De León, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Pan, Pavley, Roth, Vidak, Wieckowski, Wolk
NOES: Anderson, Moorlach, Morrell, Nielsen, Runner
NO VOTE RECORDED: Bates, Berryhill, Fuller, Gaines, Huff, Nguyen, Stone
ASSEMBLY FLOOR: 60-1, 9/2/15 - See last page for vote
SUBJECT: Foster children: housing: gender identity
DIGEST: This bill requires foster children and nonminor dependents in out-of-home care to be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. Additionally, this bill adds the above requirement to the foster care bill of rights.
Assembly Amendments return this bill to the prior version as passed by the Senate.
Existing law:
Enacts the California Community Care Facilities Act which provides for the licensure and regulation by the California Department of Social Services (CDSS) of community care facilities, as defined, including licensed foster family homes, foster family agencies that certify foster family homes, and group home facilities. (HSC 1500 et. Seq)
Establishes, as the policy of the state, a series of rights provided to minors and nonminors in foster care, including:
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 lesbian, gay, bisexual and transgender youth in out of home care.
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 actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status. (WIC 16001.9)
This bill:
Provides that foster children and nonminor dependents in out-of-home care shall be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records.
Adds to the established rights afforded to minors and nonminors in foster care, the right to be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records.
Requires CDSS to promulgate regulations implementing the above provisions.
Background
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.
The author states that 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 and are at much higher risk than other youth for homelessness, abuse, depression, and suicide. The author states that it is essential that we provide caregivers and environments that affirm and respect these young people so that they can thrive.
Best Practices: A recent best practices guide published by the National Center for Lesbian Rights states that many transgender youth experience emotional distress and are at risk of abuse when placed in facilities according to their assigned birth sex. Because most group care facilities are segregated by sex, almost all transgender and gender non-conforming youth in group care are living in facilities that house either boys or girls, or where boys and girls are housed on separate units or in separate buildings.
When facilities encounter transgender youth, most often they place these youth according to their assigned birth sex rather than their gender identity, without considering other, more appropriate, options. Placing transgender youth with youth of the same assigned birth sex without doing an individualized analysis of the transgender youth’s gender identity and related needs, can cause serious harm to the youth’s well-being, create unnecessary safety risks, and may violate non-discrimination laws. In addition, once improperly placed, youth are frequently required to conform to gender norms that are inappropriate for them, which increase their levels of stress and discomfort.
Group Homes. Group homes are 24-hour residential facilities licensed by CDSS to provide board and care to foster youth from both the dependency and delinquency jurisdictions. Group home facilities are organized under a system of rate classification levels (RCLs) ranging from 1-14 that are based on levels of professional training and adult-to-child ratios. In practice, the majority of group homes are at or above RCL 10, with nearly 50 percent of group homes at RCL 12. There is wide variation in group home size from as few as six children to more than 100 children.
Existing law requires that children removed from their homes and made dependents of the court be placed in the most family-like and “least restrictive” setting. Existing law requires counties to seek timely permanent placements, such as guardianship or adoption, for dependent youth that are removed from their homes. Group homes, which provide an institutional type of care as opposed to a family like setting, are not intended to be long term placements, however in practice many children placed in group homes remain in that setting for the duration of their time in foster care, and many age out of the system while residing in group home placements. While in a group home program, it is intended that children receive services and treatment designed to eliminate or reduce the conditions, behaviors and characteristics that led to their group home placement, and to teach new, adaptive skills and behavior.
Staff Training. Group homes are required to establish a “group home program statement” that includes a training plan that is appropriate for the client population and the training needs and skill level of child care staff. Through regulation, existing law provides that newly hired staff complete at least 24 hours of training within 90 days of being hired, and 40 hours within 12 months, as specified, with all existing staff receiving 20 hours annually. Regulations provide for the minimum topics that must be included (e.g. discipline policies and procedures, behavior problems/psychological disorders, and mental health/behavioral interventions). Social work staff must establish a "needs and services plan" for each child that identifies the specific needs of an individual child, and delineates those services necessary in order to meet the child's identified needs.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee, this bill may result in the following costs:
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.
One-time minor costs (General Fund) for the DSS to promulgate regulations.
Equality California (source)
National Center for Lesbian Rights
AFSCME
American Civil Liberties Union of California
California Alliance of Child and Family Services
California Communities United Institute
County Welfare Directors Association of California
East Bay Children’s Law Offices
Equality California
Family Builders
Gender Health Center
Gender Spectrum
Juvenile Court Judges of California
Legal Services for Children
National Association of social workers
National Center for Youth Law
National Council on Crime & Delinquency
Youth Law Center
None received
ASSEMBLY FLOOR: 60-1, 9/02/15
AYES: Achadjian, Baker, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chávez, Chiu, Chu, Cooley, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Mullin, Nazarian, O'Donnell, Olsen, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wilk, Williams, Wood, Atkins
NOES: Gallagher
NO VOTE RECORDED: Alejo, Travis Allen, Bigelow, Brough, Chang, Cooper, Dahle, Beth Gaines, Grove, Harper, Jones, Kim, Mathis, Melendez, Obernolte, Patterson, Steinorth, Wagner, Waldron
Prepared by: Sara Rogers / HUMAN S. / (916) 651-1524
9/2/15 15:30:32
**** END ****
SB 731
Page 3
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, Calderon, Gordon, Eggman, Eduardo Garcia, Holden, Quirk, Rendon, Weber, Wood |
Gallagher |
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:
Requires foster children and nonminor dependents in out-of-home care to be placed according to their gender identity.
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:
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)
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, 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))
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:
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.
One-time minor costs (General Fund) for the DSS to promulgate regulations.
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 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:
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 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
SB 731
Page 3
SENATE THIRD READING
SB 731
(Leno)
As Amended August 19, 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, Calderon, Gordon, Eggman, Eduardo Garcia, Holden, Quirk, Rendon, Weber, Wood |
Gallagher |
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:
Requires foster children and nonminor dependents in out-of-home care to be placed according to their gender identity.
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:
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)
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, 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))
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:
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 the bill will apply to local agencies only to the extent the State provides annual funding for the cost increase.
One-time minor costs (General Fund) for the DSS to promulgate regulations.
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 UCLA School of Law found 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:
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 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: 0001584
Date of Hearing: August 26, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 731
(Leno) – As Amended August 19, 2015
Policy Committee: |
Human Services |
Vote: |
7 - 0 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill requires that foster children and nonminor dependents in out-of-home care be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. This bill also adds the above requirement to the Foster Care Bill of Rights, and requires the Department of Social Services (DSS) to promulgate regulations implementing these provisions.
FISCAL EFFECT:
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 (GF). Under Proposition 30, these costs are not reimbursable, but the bill will apply to local agencies only to the extent the State provides annual funding for the cost increase.
One-time minor costs (GF) for the DSS to promulgate regulations.
COMMENTS:
Purpose. The author states, “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. 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 implement this right. [This bill] will ensure that caregivers provide appropriate supportive care, including respecting and affirming every child’s gender identity.”
Background. There are currently approximately 63,000 children and youth in the California’s Child Welfare System (CWS). It is difficult to get an exact estimate of the percentage of foster youth who identify as transgender in California. According to a 2014 report released by the Williams Institute at the UCLA School of Law, in Los Angeles County, approximately 5.6% of youth ages 12 through 21 in out-of-home cares identified as transgender. Several reports suggest that a large proportion of LGBT youth enter CWS for reasons related to their sexual orientation or gender identity, including rejection, neglect, or abuse by their birth families, lack of school attendance due to harassment or bullying, among other issues.
Existing law, the Foster Care Bill of Rights, clearly enumerates the rights of children placed 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; the right 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; and 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 lesbian, gay, bisexual and transgender youth in out-of-home care.
Proposition 30. Proposition 30, passed by the voters in November 2012, among other provisions, eliminated any potential mandate funding liability for any new program or higher level of service provided by counties related to realigned programs. Although the provisions of this bill are a mandate on local agencies, any increased costs would not be subject to reimbursement by the state. Rather, Proposition 30 specifies that for legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for realigned programs, which would include child welfare services and foster care, the provisions shall apply to local agencies only to the extent that the state provides annual funding for the cost increase.
Prior Legislation.
AB 868 (Ammiano) Chapter 300, Statutes of 2013, required the Judicial Council to establish training programs for judges on the effects of gender identity and sexual orientation in family law proceedings. This bill also required the Judicial Council to create training standards on cultural competency and sensitivity relating to, and best practices for, providing adequate care to LGBT youth for counsel in juvenile court and appointed special advocates.
AB 1856 (Ammiano) Chapter 639, Statutes of 2012, required training for administrators of a group home facility, licensed foster parents, and relative or nonrelative extended family member caregivers to also include instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to LGBT youth in out-of-home care.
AB 899 (Liu) Chapter 683, Statutes of 2001, adopted California’s Foster Youth Bill of Rights.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
SB 731
Page 6
Date of Hearing: July 14, 2015
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Kansen Chu, Chair
SB 731
(Leno) – As Introduced February 27, 2015
SENATE VOTE: 28-5
SUBJECT: Foster children: housing: gender identity.
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:
Requires foster children and nonminor dependents in out-of-home care to be placed according to their gender identity. Further requires the Department of Social Services’ Community Care Licensing Division (CCLD) to develop regulations implementing this requirement.
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.
EXISTING LAW:
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. (WIC 300.2)
Declares the intent of the Legislature to, whenever possible: preserve and strengthen a child’s family ties, reunify a foster child with his or her relatives, or when family reunification is not possible or likely, to develop a permanent alternative. Further states the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive, most family-like setting and as close to the child’s family as possible, as specified. (WIC 16000)
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, 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, 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 16501.1(c)(1))
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 16001.9)
Establishes the California Community Care Facilities Act to provide for the licensure and regulation of community care facilities, including various foster care placement settings, and requires CCLD to regulate community care licensees. (HSC 1500 et seq.)
FISCAL EFFECT: According to the May 11, 2015, Senate Appropriations Committee analysis, this bill may result in the following costs:
One-time minor costs (General Fund) for DSS to promulgate regulations.
Likely minor caseload impact statewide. To the extent county agencies incur increased workload associated with implementing and adhering to the specified regulations, statewide costs could exceed $50,000 (General Fund). (Proposition 30 exempts the State from mandate reimbursement for realigned programs, however, legislation that has an overall effect of increasing the costs already borne by a local agency for realigned programs including child welfare services, apply to local agencies only to the extent that the State provides annual funding for the cost increase.)
COMMENTS:
Child
Welfare Services:
The purpose of California’s Child Welfare Services
(CWS) system is to protect children from abuse and neglect and
provide for their health and safety. When children are identified as
being at risk of abuse, neglect or abandonment, county juvenile
courts hold legal dependency jurisdiction; these children are served
by the CWS system through the appointment of a social worker.
Through this juvenile dependency system, there are multiple
opportunities for the custody of the child, or his or her placement
outside of the home, to be evaluated, reviewed and determined by the
judicial system, in consultation with the child’s social worker, to
help provide the best possible services to the child. The CWS system
seeks to help children who have been removed from their homes reunify
with their parents or guardians, whenever appropriate. However, the
court may determine that an alternate permanent placement is more
fitting; the court must give preference to potential placements in
this order: relatives, nonrelative extended family members, or
family foster homes. Placement in group homes or other intensive
treatment placement settings are considered only in more challenging
situations where a child may need stabilization services in order to
transition to a less restrictive placement, such as with a relative
or foster caregiver.
There are currently close to 63,000 children and youth in California’s CWS system.
Foster Youth Bill of Rights: AB 899 (Liu), Chapter 683, Statutes of 2001, adopted California’s Foster Youth Bill of Rights. Two previous bills – AB 2923 (Bates) in 1994 and SB 1974 (Watson) in 1996 – had sought to codify the rights of children in foster care but were vetoed by then-Governor Pete Wilson. Proponents of AB 899 acknowledged that regulations at the time contained a number of rights of foster children, but they argued that the lists of these rights tended to vary and were not conveyed consistently to foster youth. Staff of the Office of the State Foster Care Ombudsperson (Office) also acknowledged at the time that most of the rights contained in AB 899 were consistent with those provided by the Office to youth, but the Office still struggled with uniformly conveying this information; the Office also pointed to the lack of a clear process of accountability when youth were not provided with this information.
AB 899, in making the Foster Youth Bill of Rights law, consolidated and codified all of the rights of 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 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 UCLA School of Law found 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 U.S. believed to identify as transgender.
While some LGBTQ youth enter CWS 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:
“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 implement this right.
[This bill] will ensure that caregivers provide appropriate supportive care, including respecting and affirming every child’s gender identity.”
Staff comments: Many experts agree that it is important to consider a youth’s gender identity when placing him or her in sex-segregated housing. However, some argue that best practices for housing transgender foster youth include a consideration of each individual’s needs and sense of safety. For example, Lambda Legal, a legal rights organization for LGBTQ individuals and people with HIV advises that, in sex-segregated facilities, assignments should not be based on a youth’s sex assigned to them at birth, but assignment decisions should instead be based on individualized, case-by-case considerations, including a youth’s sense of comfort and safety. (This argument is also made for individuals with a more fluid gender identity [possibly more common among transgender youth, who may be more likely to have gender non-conforming identities that are neither fully female nor male] or who are in transition; a 2006 article in the Journal of Poverty regarding homeless shelters for transgender people stated that, “the best solution for situations where a resident’s gender is not consistently male or female is to have a conversation with the person about his or her privacy and safety needs, and ask whether it would be better for him or her to be housed with men or women…The transgender resident should be offered all of the options available, and the staff-person should be able to explain the relative privacy and safety considerations of each. After discussing these issues with the resident, the staff-person should defer to the resident’s assessment of what will be safest and most comfortable.”)
These considerations raise the question of whether the current language contained in this bill should allow for youth choice regarding their placements, irrespective of gender identity, to ensure their sense of safety. Some supporters of this bill contend that this shouldn’t be necessary, that all youth placements should be safe: youth should not be forced to make a choice between living according to their gender identity on one hand and their safety and comfort on the other.
Committee staff agrees that each and every placement for all foster youth must ensure the health and safety of those youth. However, staff would also argue that there must be room for the experiences and voices of transgender youth to play a role in decisions regarding their placements. While all placements should offer an objective guarantee of basic safety, not all placements may create the same subjective sense of security and comfort for youth. Neither a transgender youth’s biological sex nor his or her gender identity should preclude him or her from having input into his or her placement. For these reasons, should this bill move forward, this Committee encourages DSS to work with stakeholders, including transgender foster youth, to: a) develop the required regulations in a manner that keeps the safety, security, and comfort of youth at the forefront, and b) address in a more systemic fashion the ways in which CWS can more fully support transgender foster youth and nonminor dependents by removing barriers to their success, ensuring their safety and security, and fully realizing the intent of the Foster Youth Bill of Rights.
PRIOR LEGISLATION:
AB 1266 (Ammiano), Chapter 85, Statutes of 2013, required students to be permitted to participate in sex-segregated school programs and activities and use facilities consistent with their gender identity, regardless of the gender listed on the pupil’s records.
REGISTERED SUPPORT / OPPOSITION:
Support
National Center for Lesbian Rights (NCLR), co-sponsor
American Civil Liberties Union of California (ACLU)
American Federation of State, County and Municipal Employees (AFSCME), AFL-CIO
California Alliance of Child and Family Services
California Coalition
for Youth (CCY)
Family Builders
County Welfare Directors Association of California (CWDA)
East Bay Children’s Law Offices
Equality California (EQCA), co-sponsor
Gender Health Center
Gender Spectrum
Juvenile Court Judges of California
Legal Services for Children (LSC)
National Association of Social Workers, California Chapter (NASW-CA)
National Center for Youth Law
National Council on Crime & Delinquency
Santa Clara County Board of Supervisors
Youth Law Center
Opposition
None on file.
Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089
SB 731
Page 5
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: SB 731
Introduced: 2/27/15
SENATE HUMAN SERVICES COMMITTEE: 3-0, 4/21/15
AYES: McGuire, Hancock, Liu
NO VOTE RECORDED: Berryhill, Nguyen
SENATE JUDICIARY COMMITTEE: 5-1, 4/28/15
AYES: Jackson, Hertzberg, Leno, Monning, Wieckowski
NOES: Anderson
NO VOTE RECORDED: Moorlach
SENATE APPROPRIATIONS COMMITTEE: 5-1, 5/28/15
AYES: Lara, Beall, Hill, Leyva, Mendoza
NOES: Nielsen
NO VOTE RECORDED: Bates
SUBJECT: Foster children: housing: gender identity
National Center for Lesbian Rights
Transgender Law Center
DIGEST: This bill requires foster children and nonminor dependents in out-of-home care to be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. Additionally, this bill adds the above requirement to the foster care bill of rights.
Existing law:
Enacts the California Community Care Facilities Act which provides for the licensure and regulation by the California Department of Social Services (CDSS) of community care facilities, as defined, including licensed foster family homes, foster family agencies that certify foster family homes, and group home facilities. (HSC 1500 et. seq)
Establishes the criteria by which a child who has suffered, or is at risk of suffering, significant abuse or harm shall be within the jurisdiction of the juvenile court which may adjudge that person to be a dependent child of the court. (WIC 300)
Establishes, as the policy of the state, a series of rights provided to minors and nonminors in foster care, including:
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 lesbian, gay, bisexual and transgender youth in out of home care.
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 actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status. (WIC 16001.9)
Requires group home administrator certification programs, foster parent trainings, and relative and nonrelative extended family member trainings 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. (HSC 1522.41, 1529.2, 16003)
This bill:
Provides that foster children and nonminor dependents in out-of-home care shall be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records.
Adds to the established rights afforded to minors and nonminors in foster care, the right to be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records.
Requires CDSS to promulgate regulations implementing the above provisions.
Background
Best Practices: A recent best practices guide published by the National Center for Lesbian Rights states that many transgender youth experience emotional distress and are at risk of abuse when placed in facilities according to their assigned birth sex. Because most group care facilities are segregated by sex, almost all transgender and gender non-conforming youth in group care are living in facilities that house either boys or girls, or where boys and girls are housed on separate units or in separate buildings.
When facilities encounter transgender youth, most often they place these youth according to their assigned birth sex rather than their gender identity, without considering other, more appropriate, options. Placing transgender youth with youth of the same assigned birth sex without doing an individualized analysis of the transgender youth’s gender identity and related needs, can cause serious harm to the youth’s well-being, create unnecessary safety risks, and may violate non-discrimination laws. In addition, once improperly placed, youth are frequently required to conform to gender norms that are inappropriate for them, which increase their levels of stress and discomfort.
Group Homes. Group homes are 24-hour residential facilities licensed by CDSS to provide board and care to foster youth from both the dependency and delinquency jurisdictions. Group home facilities are organized under a system of rate classification levels (RCLs) ranging from 1-14 that are based on levels of professional training and adult-to-child ratios. In practice, the majority of group homes are at or above RCL 10, with nearly 50 percent of group homes at RCL 12. There is wide variation in group home size from as few as six children to more than 100 children.
Existing law requires that children removed from their homes and made dependents of the court be placed in the most family-like and “least restrictive” setting. Existing law requires counties to seek timely permanent placements, such as guardianship or adoption, for dependent youth that are removed from their homes. Group homes, which provide an institutional type of care as opposed to a family like setting, are not intended to be long term placements, however in practice many children placed in group homes remain in that setting for the duration of their time in foster care, and many age out of the system while residing in group home placements. While in a group home program, it is intended that children receive services and treatment designed to eliminate or reduce the conditions, behaviors and characteristics that led to their group home placement, and to teach new, adaptive skills and behavior.
Staff training. Group homes are required to establish a “group home program statement” that includes a training plan that is appropriate for the client population and the training needs and skill level of child care staff. Through regulation, existing law provides that newly hired staff complete at least 24 hours of training within 90 days of being hired, and 40 hours within 12 months, as specified, with all existing staff receiving 20 hours annually. Regulations provide for the minimum topics that must be included (e.g. discipline policies and procedures, behavior problems/psychological disorders, and mental health/behavioral interventions). Social work staff must establish a "needs and services plan" for each child that identifies the specific needs of an individual child, and delineates those services necessary in order to meet the child's identified needs.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to an analysis by the Senate Appropriations committee this bill is estimated to incur the following costs:
Regulations: One-time minor costs (General Fund) for CDSS to promulgate regulations.
Foster Care placements: Likely minor caseload impact statewide. To the extent county agencies incur increased workload associated with implementing and adhering to the specified regulations, statewide costs could exceed $50,000 (General Fund).
Proposition 30: Exempts the State from mandate reimbursement for realigned programs, however, legislation that has an overall effect of increasing the costs already borne by a local agency for realigned programs including child welfare services, apply to local agencies only to the extent that the State provides annual funding for the cost increase.
Equality California (co-source)
National Center for Lesbian Rights (co-source)
Transgender Law Center (co-source)
American Civil Liberties Union
AFSCME
California Alliance of Children and Family Services
County Welfare Directors Association of California
Children’s Law Center
East Bay Children’s Law Offices
Family Builders
Gender Health Center
Gender Spectrum
Juvenile Court Judges of California
Legal Services for Children
National Association of Social Workers
National Center for Youth Law
National Council on Crime and Delinquency
Santa Clara Board of Supervisors
Youth Law Center
OPPOSITION: (Verified 5/28/15)
None received
ARGUMENTS IN SUPPORT: According to the author, many transgender youth face rejection, harassment, and physical abuse at the hands of their families, communities, and schools due to bias against their gender identity or expression. The author states that these children are at extremely high risk for poor health and mental health outcomes, risks that are magnified for children in foster care, many of whom have already experienced significant trauma. The author states that when a foster child is improperly placed without consideration of gender identity, the child may be at risk for further bullying, harassment, and abuse.
The author additionally states that studies show that lesbian, gay, bisexual, and transgender (LGBT) youth are at much higher risk for homelessness, abuse, depression, and suicide and that an estimated 25 to 40 percent of LGBT homeless youth report leaving home due to conflicts with family members related to their sexual orientation or gender expression.
Prepared by: Sara Rogers / HUMAN S. / (916) 651-1524
5/30/15 10:23:29
**** END ****
SB 731 (Leno) Page 3 of 3
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 731 (Leno) - Foster children: housing: gender identity
|
|
Version: February 27, 2015 |
Policy Vote: HUMAN S. 3 - 0, JUD. 5 - 1 |
Urgency: No |
Mandate: Yes |
Hearing Date: May 11, 2015 |
Consultant: Jolie Onodera |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
SB 731 would require foster children and nonminor dependents in out-of-home care to be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. This bill would require the Department of Social Services (DSS) to promulgate regulations, as specified. This bill would also add the above requirement to the Foster Care Bill of Rights.
Fiscal Impact:
Regulations: One-time minor costs (General Fund) for the DSS to promulgate regulations.
FC placements: Likely minor caseload impact statewide. To the extent county agencies incur increased workload associated with implementing and adhering to the specified regulations, statewide costs could exceed $50,000 (General Fund*).
Proposition 30*: Exempts the State from mandate reimbursement for realigned programs, however, legislation that has an overall effect of increasing the costs already borne by a local agency for realigned programs including child welfare services, apply to local agencies only to the extent that the State provides annual funding for the cost increase.
Background:
Existing law provides for the licensure and regulation by the Community Care Licensing (CCL) Division of the DSS of various out-of-home facilities for children and nonminor dependents in foster care, including, among others, licensed foster family homes, certified family homes, and group homes.
Existing law, the Foster Care Bill of Rights, clearly enumerates the rights of children placed 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; the right 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; and 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 lesbian, gay, bisexual and transgender youth in out-of-home care. (Welfare and Institutions Code § 16001.9.)
Proposed Law:
This bill would provide that foster children and nonminor dependents in out-of-home care shall be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. This bill would also make a corresponding change to the Foster Care Bill of Rights. Additionally, this bill would require the DSS to promulgate regulations implementing these provisions.
Prior Legislation:
AB 868 (Ammiano) Chapter 300/2013 required the Judicial Council to establish training programs for judges on the effects of gender identity and sexual orientation in family law proceedings. This bill also required the Judicial Council to create training standards on cultural competency and sensitivity relating to, and best practices for, providing adequate care to LGBT youth for counsel in juvenile court and appointed special advocates.
AB 1856 (Ammiano) Chapter 639/2012 required the training for administrators of a group home facility, licensed foster parents, and relative or nonrelative extended family member caregivers to also include instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to LGBT youth in out-of-home care.
Staff Comments:
The DSS has indicated minor one-time costs to promulgate regulations.
To the extent the provisions of this measure increase the workload of counties and increase costs to county welfare agencies relating to the placement of foster children and nonminor dependents, including but not limited to any additional workload required to adhere to the new regulations once promulgated, could be subject to a subvention of funds from the State. While the impact of this measure is not estimated to impact a significant number of cases annually, statewide costs to local agencies could exceed $50,000 in any one year.
Prior to Fiscal Year (FY) 2011-12, the state and counties contributed to the non-federal share of various social service programs. AB 118 (Committee on Budget) Chapter 40/2011 and ABX1 16 Chapter 13/2011 realigned state funding to the counties through the 2011 Local Revenue Fund (LRF) for various programs, including foster care and child welfare services. As a result, beginning in FY 2011–12 and for each fiscal year thereafter, non-federal funding and expenditures for these activities including child foster care and child welfare services are funded through the LRF.
Proposition 30, passed by the voters in November 2012, among other provisions, eliminated any potential mandate funding liability for any new program or higher level of service provided by counties related to realigned programs. Although the provisions of this bill are a mandate on local agencies, any increased costs would not be subject to reimbursement by the state. Rather, Proposition 30 specifies that for legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for realigned programs, which would include child welfare services and foster care, the provisions shall apply to local agencies only to the extent that the state provides annual funding for the cost increase.
-- END --
SB 731 (Leno)
Page 5 of 5
Senator Hannah-Beth Jackson, Chair
2015 - 2016 Regular Session
SB 731 (Leno)
Version: February 27, 2015
Hearing Date: April 28, 2015
Fiscal: Yes
Urgency: No
NR
SUBJECT
Foster children: housing: gender identity
DESCRIPTION
This bill would require that foster children and nonminor dependents in out-of-home care be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. Additionally, this bill would add the above requirement to the Foster Care Bill of Rights.
BACKGROUND
Lesbian, gay, bisexual, and transgender (LGBT) youth are significantly over represented in the juvenile justice system. Although LGBT youth only represent five to seven percent of the nation’s overall youth population, they compose nearly 15 percent of those currently in the juvenile justice system. (Jerome Hunt and Aisha C. Moodie-Mills, The Unfair Criminalization of Gay and Transgender Youth, June 29, 2012.) Research shows that LGBT youth in the child welfare system are twice as likely to have experienced family conflict, child abuse, and homelessness as other youth. (Irvine, We’ve had three of them: Addressing the invisibility of lesbian, gay, bisexual, and gender non-conforming youths in the juvenile justice system, (2010) 19 Colum. J. Gender & L. 675.) Many of these youth leave their homes to escape conflict or emotional and physical abuse, but often they are pushed out of the home by their own families. Once in the child welfare system, LGBT youth are at risk of biases and discrimination, and of being classified according to their birth sex rather than by their gender identity.
In recognition of some of the challenges faced by LGBT youth, the Legislature has enacted numerous laws to protect them from discriminatory practices and other harm. SB 1172 (Lieu, Ch. 835, Stats. 2012) prohibited a mental health provider from engaging in sexual orientation change efforts, defined as practices which “seek to change an individual’s sexual orientation,” with a patient under 18 years of age. That same year, AB 1856 (Ammiano, Ch. 639, Stats. 2012) was passed to address a systemic lack of training with respect to the needs of LGBT youth in the foster system, by requiring training for group home administrators, foster parents, and relative caregivers on cultural competency and sensitivity relating to, and best practices for, providing adequate care to LGBT youth in out-of-home care. This bill would additionally require that a foster child or nonminor dependent in out-of-home care be placed according to his or her gender identity, regardless of the sex indicated on his or her court or child welfare records.
CHANGES TO EXISTING LAW
Existing law establishes the jurisdiction of the juvenile court, which is authorized to adjudge children to be dependents of the court under certain circumstances, including extreme abuse or neglect. (Welf. & Inst. Code Sec. 300 et seq.)
Existing law, the Foster Care Bill of Rights, clearly enumerates the rights of children placed in foster care, including:
the right to live in a safe, healthy, and comfortable home where he or she is treated with respect;
the right 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; and
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 lesbian, gay, bisexual and transgender youth in out of home care. (Welf. & Inst. Code Sec. 16001.9.)
Existing law requires group home administrator certification programs, foster parent trainings, and relative and nonrelative extended family member trainings 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. (Health & Saf. Code Secs. 1522.41 and 1529.2, 1; Welf. & Inst. Code Sec. 6003.)
This bill would provide that foster children and nonminor dependents in out-of-home care shall be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records.
This bill would also make a corresponding change to the Foster Care Bill of Rights.
COMMENT
Stated need for the bill
According to the author:
Many transgender youth face rejection, harassment, and physical abuse at the hands of their families, communities, and schools due to a bias against their gender identity or expression.
These children are at extremely high risk for poor health and mental health outcomes. These risks are magnified for children in foster care, many of whom have already experienced significant trauma. When a foster child is improperly placed without consideration of gender identity, the child may be at risk for further bullying, harassment, and abuse.
Clarifies existing law
The Foster Care Bill of Rights, established in 2002, initially provided that foster youth have the right to live in a safe, healthy, and comfortable home, to be treated with respect, and to be free from physical, sexual, emotional, or other abuse. (AB 899, Liu, Ch. 683 Stats. 2001.) The following year the Legislature added to those protections the right to “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.” (AB 458, Chu, Ch. 331, Stats. 2003.)
More recently, as awareness of what constitutes discrimination against transgender individuals has become more widely understood, the Legislature has recognized that for transgender individuals, being free from discrimination largely turns on the ability to live an authentic life where society recognizes individuals the way they see themselves and not by their assigned sex at birth. (See e.g., AB 887 (Atkins, Ch. 719, Stats. 2011); AJR 43 (Lara, Ch. 141, Stats. 2012); AB 868 (Ammiano, Ch. 300, Stats. 2013); and AB 1577 (Atkins, Ch. 631, Stats. 2014).) Yet despite the Legislature’s acknowledgment of the rights of transgender individuals, supporters of this bill argue that some youth are still being placed in foster homes without regard to gender identity. Legal Services for Children, in support, writes:
[M]any transgender children endure stigma, rejection, harassment, and abuse in their homes, schools, and communities. Such trauma can harm one’s psychosocial development and behavior, which means that consistently facing such damaging interactions places transgender youth at extremely high risk for depression, poor health, and even suicide. Such interactions may also lead transgender youth to react in ways that put into contact with the juvenile justice system, which can in turn disrupt their education and adversely impact their futures.
Transgender children who enter the child welfare system are more likely to experience further trauma if they are inappropriately placed in a foster care setting that does not affirm their gender identity. [This bill] will protect transgender children in the California foster care system by ensuring that child welfare workers and caregivers place them in settings that respect their gender identity. Such respect is tantamount to the stability needed for healthy development, and can significantly improve life outcomes for transgender foster youth.
This bill, which would provide that foster youths have the right to be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records, further articulates how to protect transgender youth from discrimination in the foster system.
Support: AFSCME; American Civil Liberties Union of California; California Alliance of Child and Family Services; California Communities United Institute; County Welfare Directors Association of California; East Bay Children’s Law Offices; Family Builders; Gender Health Center; Gender Spectrum; Juvenile Court Judges of California; Legal Services for Children; National Association of Social Workers; National Center for Youth Law; National Council on Crime & Delinquency; Youth Law Center
Opposition: None Known
HISTORY
Source: Equality California; National Center for Lesbian Rights
Related Pending Legislation: None Known
Prior Legislation:
AB 2001 (Ammiano, 2014) would have required the Department of Social Services to establish a working group to develop policy and practice recommendations to the Legislature to ensure that homeless, unaccompanied minors have timely, reliable access to appropriate placements and services through the state’s child welfare system, and would have required a social worker to interview a minor who is in a runaway and homeless youth shelter, and required the commencement of juvenile court proceedings within five judicial days in specified cases. This bill died on the Senate Appropriations Committee Suspense file.
AB 868 (Ammiano, Chapter 300, Statutes of 2013) required the Judicial Council to establish training programs for judges on the effects of gender identity and sexual orientation in family law proceedings. This bill also requires the Judicial Council to create training standards on cultural competency and sensitivity relating to, and best practices for, providing adequate care to LGBT youth for counsel in juvenile court and appointed special advocates (CASAs).
AB 1856 (Ammiano, Chapter 639, Statutes of 2012), required the training for administrators of a group home facility, licensed foster parents, and relative or nonrelative extended family member caregivers to also 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 Vote: Senate Human Services Committee (Ayes 3, Noes 0)
**************
SB 731 (Leno) Page 4 of 4
SENATE COMMITTEE ON HUMAN SERVICES
Senator McGuire, Chair
2015 - 2016 Regular
Bill No: SB 731
Author: |
Leno |
||
Version: |
February 27, 2015 |
Hearing Date: |
April 21, 2015 |
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Sara Rogers |
||
Subject: Foster children: housing: gender identity
SUMMARY
This bill provides that foster children and nonminor dependents in out-of-home care shall be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. Additionally, this bill adds the above requirement to the foster care bill of rights.
ABSTRACT
Existing law:
Enacts the California Community Care Facilities Act which provides for the licensure and regulation by the California Department of Social Services (CDSS) of community care facilities, as defined, including licensed foster family homes, foster family agencies that certify foster family homes, and group home facilities. (HSC 1500 et. seq)
Establishes the criteria by which a child who has suffered, or is at risk of suffering, significant abuse or harm shall be within the jurisdiction of the juvenile court which may adjudge that person to be a dependent child of the court. (WIC 300)
Establishes, as the policy of the state, a series of rights provided to minors and nonminors in foster care, including:
The right to have caregivers and child welfare personel 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.
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 actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status. (WIC 16001.9)
Requires group home administrator certification programs, foster parent trainings, and relative and nonrelative extended family member trainings 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. (HSC 1522.41, 1529.2, 16003)
This bill:
Provides that foster children and nonminor dependents in out-of-home care shall be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records.
Adds to the established rights afforded to minors and nonminors in foster care, the right to be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records.
FISCAL IMPACT
This bill has not been analyzed by a fiscal committee.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, many transgender youth face rejection, harassment, and physical abuse at the hands of their families, communities, and schools due to bias against their gender identity or expression. The author states that these children are at extremely high risk for poor health and mental health outcomes, risks that are magnified for children in foster care, many of whom have already experienced significant trauma. The author states that when a foster child is improperly placed without consideration of gender identity, the child may be at risk for further bullying, harassment, and abuse.
The author additionally states that studies show that lesbian, gay, bisexual, and transgender (LGBT) youth are at much higher risk for homelessness, abuse, depression, and suicide and that an estimated 25 to 40 percent of LGBT homeless youth report leaving home due to conflicts with family members related to their sexual orientation or gender expression.
A recent best practices guide published by the National Center for Lesbian Rights states:1
Many transgender youth experience emotional distress and are at risk of abuse when placed in facilities according to their assigned birth sex. Because most group care facilities are segregated by sex, almost all transgender and gender non-conforming youth in group care are living in facilities that house either boys or girls, or where boys and girls are housed on separate units or in separate buildings. When facilities encounter transgender youth, most often they place these youth according to their assigned birth sex rather than their gender identity, without considering other, more appropriate, options. Placing transgender youth with youth of the same assigned birth sex without doing an individualized analysis of the transgender youth’s gender identity and related needs in this regard, can cause serious harm to the youth’s well-being, create unnecessary safety risks, and may violate non-discrimination laws. In addition, once improperly placed, youth are frequently required to conform to gender norms that are inappropriate for them, which increase their levels of stress and discomfort.
Group Homes
Group homes are 24-hour residential facilities licensed by CDSS to provide board and care to foster youth from both the dependency and delinquency jurisdictions. Group home facilities are organized under a system of rate classification levels (RCLs) ranging from 1-14 that are based on levels of professional training and adult-to-child ratios. In practice, the majority of group homes are RCL 10 and above with nearly 50 percent of groups homes at RCL 12. There is wide variation in group home size from as few as six children to group homes that house more than 100 children.
Existing law requires that children removed from their homes and made dependents of the court be placed in the most family-like and “least restrictive” setting. Existing law requires counties to seek timely permanent placements, such as guardianship or adoption, for dependent youth that are removed from their homes. Group homes, which provide an institutional type of care as opposed to a family like setting, are not intended to be long term placements, however in practice many children placed in group homes remain in that setting for the duration of their time in foster care, and many age out of the system while residing in group home placements. While in a group home program, it is intended that children receive services and treatment designed to eliminate or reduce the conditions, behaviors and characteristics that led to their group home placement, and to teach new, adaptive skills and behavior.2
Staff training
Group homes are required to establish a “group home program statement” that includes a training plan that is appropriate for the client population and the training needs and skill level of child care staff. Through regulation, existing law provides that newly hired staff complete at least 24 hours of training within 90 days of being hired, and 40 hours within 12 months, as specified, with all existing staff receiving 20 hours annually. Regulations provide for the minimum topics that must be included (e.g. discipline policies and procedures, behavior problems/psychological disorders, and mental health/behavioral interventions). Social work staff are required to establish a "needs and services plan" for each child that identifies the specific needs of an individual child, and delineates those services necessary in order to meet the child's identified needs.
Related legislation:
AB 1856 (Ammiano, Chapter 639, Statutes of 2012) required 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.
POSITIONS
Support:
Equality California (Co-Sponsor)
AFSCME
California Alliance of Child and Family Services
California Communities United Institute
County Welfare Directors Association of California
East Bay Children’s Law Offices
Equality California
Family Builders
Gender Health Center
Gender Spectrum
Juvenile Court Judges of California
Legal Services for Children
National Center for Lesbian Rights
National Center for Youth Law
National Council on Crime & Delinquency
Youth Law Center
Oppose:
None.
-- END --
1 A Place of Respect: A Guide for Group Care Facilities Serving Transgender and Gender Non-Conforming Youth. National Center for Lesbian Rights, Spring 2011.
2 California Alliance for Child and Family Services. Group Homes for Foster Children Fact Sheet http://c.ymcdn.com/sites/www.cacfs.org/resource/resmgr/advocacy/publicpolicy10.pdf
Discussed in Hearing
2MIN
Senate Floor
2MIN
Assembly Floor
43SEC
Assembly Floor
3MIN
Assembly Standing Committee on Appropriations
8MIN
Assembly Standing Committee on Human Services
2MIN
Senate Floor
2MIN
Senate Standing Committee on Judiciary
13MIN
