Existing law, the California Community Care Facilities Act, requires the State Department of Social Services to license and regulate transitional housing placement providers pursuant to the act. Under existing law, a transitional housing placement provider is an organization licensed by the department to provide transitional housing to foster children at least 16 years of age and not more than 18 years of age and to nonminor dependents to promote their transition to adulthood. Existing law requires a transitional housing unit to include, among other things, a host family certified by a transitional housing placement provider or other designated entity, as prescribed. Existing law requires the department to adopt regulations governing transitional housing placement living arrangements requirements for minors and nonminor dependents, as prescribed. Under existing law, a violation of the act is a misdemeanor.

This bill would require those regulations to include allowing a minor or nonminor dependent participant to share a bedroom or unit in a transitional housing placement with a nonparticipant roommate, sibling, or coparent, as specified. The bill would also require the regulations to allow a minor or nonminor dependent participant to share their living arrangement with another participant, including a participant sibling or coparent, as specified. The bill would require the regulations to require counties and program contracts to allow individual program participants and individuals sharing their living arrangements to share bedrooms, bathrooms, and units together, regardless of gender identity and would require county program contracts to allow providers and participants to make best matches to allow for gender flexibility. The bill would authorize the department to implement, interpret, or make specific the requirements of the bill by means of all-county letters or similar instructions from the department until regulations are adopted. By changing requirements for transitional housing placement program providers, a violation of which would be a crime, and by increasing related county duties, this bill would impose a state-mandated local program.

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 no reimbursement is required by this act for specified reasons.

Existing law, the California Community Care Facilities Act, requires the State Department of Social Services to license and regulate transitional housing placement providers pursuant to the act. Under existing law, a transitional housing placement provider is an organization licensed by the department to provide transitional housing to foster children at least 16 years of age and not more than 18 years of age and to nonminor dependents to promote their transition to adulthood. Existing law requires a transitional housing unit to include, among other things, a host family certified by a transitional housing placement provider or other designated entity, as prescribed. Existing law requires the department to adopt regulations governing transitional housing placement living arrangements requirements for minors and nonminor dependents, as prescribed. Under existing law, a violation of the act is a misdemeanor.

This bill would require those regulations to include allowing a minor or nonminor dependent participant to share a bedroom or unit in a transitional housing placement with a nonparticipant roommate, sibling, or coparent, as specified. The bill would also require the regulations to allow a minor or nonminor dependent participant to share their living arrangement with another participant, including a participant sibling or coparent, as specified. The bill would require the regulations to require counties and program contracts to allow individual program participants and individuals sharing their living arrangements to share bedrooms, bathrooms, and units together, regardless of gender identity and would require county program contracts to allow providers and participants to make best matches to allow for gender flexibility. The bill would authorize the department to implement, interpret, or make specific the requirements of the bill by means of all-county letters or similar instructions from the department until regulations are adopted. By changing requirements for transitional housing placement program providers, a violation of which would be a crime, and by increasing related county duties, this bill would impose a state-mandated local program.

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 no reimbursement is required by this act for specified reasons.

Existing law, the California Community Care Facilities Act, requires the State Department of Social Services to license and regulate transitional housing placement providers pursuant to the act. Under existing law, a transitional housing placement provider is an organization licensed by the department to provide transitional housing to foster children at least 16 years of age and not more than 18 years of age and to nonminor dependents to promote their transition to adulthood. Existing law requires a transitional housing unit to include, among other things, a host family certified by a transitional housing placement provider or other designated entity, as prescribed. Existing law requires the department to adopt regulations governing transitional housing placement living arrangements requirements for minors and nonminor dependents, as prescribed. Under existing law, a violation of the act is a misdemeanor.

This bill would require those regulations to include allowing a minor or nonminor dependent participant to share a bedroom or unit in a transitional housing placement with a nonparticipant roommate, sibling, or coparent, as specified. The bill would also require the regulations to allow a minor or nonminor dependent with children participant to share their living arrangement with a coparent or participant sibling. another participant, including a participant sibling or coparent, as specified. The bill would require the regulations to require counties and program contracts to allow individual program participants and individuals sharing their living arrangements to share bedrooms, bathrooms, and units together, regardless of gender identity and would require county program contracts to allow providers and participants to make best matches to allow for gender flexibility. The bill would authorize the department to implement, interpret, or make specific the requirements of the bill by means of all-county letters or similar instructions from the department until regulations are adopted. By changing requirements for transitional housing placement program providers, a violation of which would be a crime, and by increasing related county duties, this bill would impose a state-mandated local program.

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 no reimbursement is required by this act for specified reasons.

Existing law, the California Community Care Facilities Act, requires the State Department of Social Services to license and regulate transitional housing placement providers pursuant to the act. Under existing law, a transitional housing placement provider is an organization licensed by the department to provide transitional housing to foster children at least 16 years of age and not more than 18 years of age and to nonminor dependents to promote their transition to adulthood. Existing law requires a transitional housing unit to include, among other things, a host family certified by a transitional housing placement provider or other designated entity, as prescribed. Existing law requires the department to adopt regulations governing transitional housing placement living arrangements requirements for minors and nonminor dependents, as prescribed. Under existing law, a violation of the act is a misdemeanor.

This bill would require those regulations to include allowing a minor or nonminor dependent participant to share a bedroom or unit in a transitional housing placement with a nonparticipant roommate or partner, as approved by the provider on a case-by-case basis, or the participants coparent, as specified. The bill also would require the regulations to require counties to allow for gender identification flexibility in contracts and vacancies to allow for providers, counties, and individual program participants to jointly decide on best unit sharing matches, and to prohibit program contracts from requiring participants to identify as the same gender in order to share a unit or bathroom, in order to allow for all transitional housing placement living arrangements. roommate, sibling, or coparent, as specified. The bill would also require the regulations to allow a minor or nonminor dependent with children to share their living arrangement with a coparent or participant sibling. The bill would require the regulations to require counties and program contracts to allow individual program participants and individuals sharing their living arrangements to share bedrooms, bathrooms, and units together, regardless of gender identity and would require county program contracts to allow providers and participants to make best matches to allow for gender flexibility. The bill would authorize the department to implement, interpret, or make specific the requirements of the bill by means of all-county letters or similar instructions from the department until regulations are adopted. By changing requirements for transitional housing placement program providers, a violation of which would be a crime, and by increasing related county duties, this bill would impose a state-mandated local program.

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 no reimbursement is required by this act for specified reasons.

Existing law, the California Community Care Facilities Act, requires the State Department of Social Services to license and regulate transitional housing placement providers pursuant to the act. Under existing law, a transitional housing placement provider is an organization licensed by the department to provide transitional housing to foster children at least 16 years of age and not more than 18 years of age and to nonminor dependents to promote their transition to adulthood. Existing law requires a transitional housing unit to include, among other things, a host family certified by a transitional housing placement provider or other designated entity, as prescribed. Existing law requires the department to adopt regulations governing transitional housing placement living arrangements requirements for minors and nonminor dependents, as prescribed. Under existing law, a violation of the act is a misdemeanor.

This bill would require those regulations to include allowing a minor or nonminor dependent participant to share a bedroom or unit in a transitional housing placement with a nonparticipant roommate or partner, as approved by the provider on a case-by-case basis, or the participants coparent, as specified. The bill also would require the regulations to require counties to allow for gender identification flexibility in contracts and vacancies to allow for providers, counties, and individual program participants to jointly decide on best unit sharing matches, and to prohibit program contracts from requiring participants to identify as the same gender in order to share a unit or bathroom, in order to allow for all transitional housing placement living arrangements. The bill would authorize the department to implement, interpret, or make specific the requirements of the bill by means of all-county letters or similar instructions from the department until regulations are adopted. By changing requirements for transitional housing placement program providers, a violation of which would be a crime, this bill would impose a state-mandated local program.

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 no reimbursement is required by this act for specified reasons.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2802

Author:(Maienschein)

As Amended Ver:August 19, 2024

Majority vote

SUMMARY

Requires counties, when operating the Transitional Housing Placement (THP) program, to allow providers and participants to make best matches to allow for gender flexibility. Updates the minimum requirements for regulations governing THP providers to allow participants to share units and bedrooms with siblings and co-parents regardless of gender identity.

Senate Amendments

Make technical and clarifying changes.

COMMENTS

Background: Transitional Housing Placement Program: The THP program for minors is a type of foster care placement, licensed by the California Department of Social Services (CDSS), for youth between 16 and 18 years of age. CDSS states that the goal of this program is to help participants emancipate successfully by providing a safe environment for youth, while learning skills that can promote self-sufficiency.

Participants are allowed to live alone, with CDSS approval, or with roommates in apartments or single-family dwellings, where a staff member from the housing provider lives on-site to provide supervision and assistance. The THP program for minors also provides supportive services such as, educational guidance, employment counseling, and assistance reaching emancipation goals outlined in a participant's Transitional Independent Living Plan (TILP), the emancipation readiness portion of a youth's case plan.

California offers the Transitional Housing Placement for Nonminor Dependents (THP-NMD) program for youth in extended foster care between 18 and 21 years of age, which provides NMDs with a placement option that provides transitional housing and supportive housing. Under THP-NMD, placement settings can include: host families where a youth lives with an adult who is selected and approved by the THP provider; a single site where an NMD lives in an apartment, condominium, or a single family home rented or leased by the housing provider (one or more adult employees of the housing provider lives on site); or, a remote site placement where the NMD lives in a single housing unit, such as an apartment or single family home, that is rented or leased by the housing provider in order to enable the youth to live independently, but still receive regular supervision and case management services.

THP-Plus is a transitional housing program for young adults who exited foster care, including probation-supervised youth, on or after their 18th birthday. This program offers housing and supportive services for 36 cumulative months or until the age of 25, whichever comes first. The housing models and services offered are similar to those offered in other THP programs, but the rules of the program are designed to be age appropriate for young adults. CDSS states the goal of THP-plus is to provide a safe living environment, while helping participants develop the life skills needed to live independently. The NMD is asked to develop a TILP to assist in identifying and detailing the goals and objectives necessary to transition into adulthood.

As a result of the enactment Family First Prevention Services Act in 2018, the THP program no longer meets the Federal Title IV-E and state foster care definition for federal reimbursement. This means that if a county chooses to place a youth in this type of placement setting, the county is required to use only county funds to cover the rates/costs, which are set by each county.

This bill clarifies that THP participants can live with a sibling or co-parent regardless of their gender identity. While expanding the types of people permitted to be placed in a THP, the bill also allows current program recipients to reject inclusion of a nonparticipant into their existing unit, while specifying that program providers must give priority to program recipients when it comes to placements.

CDSS Regulations for the THP Program: Existing law requires CDSS to adopt regulations to govern THP program providers and are required to be age-appropriate and recognize that NMDs should be subject to fewer restrictions than those who are still minors. Statute enumerates the minimum requirements that the regulations should provide for. Currently, statute does not specify that siblings or co-parents are allowed to share a bedroom or unit in a THP placement and regulations state that THP participants of different sexes shall not share a bedroom unless: it is a minor parent sharing a bedroom with their child of a different sex, or a licensee is permitting a THP participant to share a bedroom consistent with their gender identity regardless of the gender or sex listed on the court or child welfare documents. This bill aligns statute with the regulations while also providing specificity regarding the right for participants to have priority in placements should they move from one THP program to another, and to reject the inclusion of a non-participant should they not want to share a room or unit with someone.

The most current regulations (Title 22 California Code of Regulations, Division 6, Chapter 7) governing THP programs were effective as of September 14, 2021, and according to Section 86187, state the following:

1. The licensee shall ensure the THPP participant living unit meets, at a minimum, the following requirements:
   1. No more than two THPP participants shall share a bedroom.
   2. THPP participants of different sexes shall not share a bedroom unless:
      1. A minor parent may share a bedroom with their child of a different sex.
      2. A licensee is permitting a THPP participant to share a bedroom consistent with their gender identity regardless of the gender or sex listed on the court or child welfare documents.
   3. No area commonly used for other purposes shall be used as a bedroom, such areas include but are not limited to halls, stairways, unfinished attics or basements, garages, storage areas or sheds, or similar detached buildings.
   4. No bedroom shall be used as a public or general passageway to another room.
2. A THPP participant may share a bedroom with his or her own child(ren), regardless of the ages of the participant and his or her own child(ren).
   1. THPP participants shall not share a bedroom with an adult who is not a THPP participant unless the adult is a THP-Plus participant.
   2. The licensing agency may approve an exception when all of the following conditions are met:
      1. Two minor THPP participants have been sharing a bedroom and one of the participants turns 18 years of age;
      2. One of the participants otherwise meets all of the requirements of Welfare and Institutions Code Section 11403;
      3. Both are participants;
      4. The participants remain compatible.
   3. Subsections 86187(a)(1) through 86187(b)(4) apply to all bedrooms used by all persons residing in the THPP, including the participants in placement and their own children, and the THPP employees.
   4. THPP employees shall not share a bedroom with THPP participants.

In addition to updating statute to align with current regulations, this bill also requires all counties and program contracts to allow individual THP program participants to share bedrooms, bathrooms, and units together, regardless of gender identity. County program contracts are further required to allow providers and participants to make the best matches to allow for gender flexibility in the THP program.

According to the Author

"In California, with increasing awareness and acceptance of diverse gender identities, enforcing strict rules based solely on assigned gender may pose difficulties for gender non-conforming individuals, siblings who are not of the same gender, and co-parenting youth. To maximize the opportunity for foster youth to succeed, regardless of their gender identity, we need to ensure that foster youth who are aging out of the system are set up for success. [This bill], by emphasizing flexibility in gender identification for housing arrangements within Transitional Housing Placement (THP) Programs, helps aligns with evolving societal norms and ensures that transitional housing remains a space where all individuals, regardless of their gender identity, parental status, or family dynamic can access support while maintaining a sense of dignity and agency."

Arguments in Support

According to the sponsor of this bill, the Alliance for Child and Family Services, "Existing legislation protecting foster youth from discrimination may benefit from increased flexibility in gendered slots in THP programs by acknowledging the diverse ways individuals identify their gender. The California Foster Care Nondiscrimination Act, AB 458 [(Chu), Chapter 331, Statutes of 2003], ensures that all foster young adults and caregivers have equal access to child welfare services without discrimination based on sexual orientation or gender identity. It prohibits any form of harassment or bias against foster young adults, caregivers, and service providers on these grounds. The law mandates that county child welfare departments, group home facilities, and foster family agencies must provide care and services without discriminating based on actual or perceived sexual orientation or gender identity.

Embracing a case-by-case approach, particularly in situations involving family support, allows for participant-agreed exceptions, fostering an environment that is considerate of individual needs and identities. This approach aligns with evolving societal norms and ensures that transitional housing remains a space where all individuals, regardless of their gender identity, parental status, or family dynamic can access support while maintaining a sense of dignity and agency."

Arguments in Opposition

No opposition on file.

FISCAL COMMENTS

According to the Senate Appropriations Committee on August 8, 2024, pursuant to Senate Rule 28.8, the April 2, 2024, version of the bill has negligible state costs.

VOTES:

ASM HUMAN SERVICES: 5-1-1

YES: Lee, Calderon, Gipson, Jackson, Ortega

NO: Essayli

ABS, ABST OR NV: Mathis

ASM APPROPRIATIONS: 11-4-0

YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua

NO: Sanchez, Dixon, Jim Patterson, Ta

ASSEMBLY FLOOR: 60-7-13

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Ward, Wicks, Wilson, Wood, Zbur

NO: Dixon, Essayli, Vince Fong, Gallagher, Jim Patterson, Sanchez, Ta

ABS, ABST OR NV: Calderon, Chen, Megan Dahle, Davies, Flora, Hoover, Low, Mathis, Joe Patterson, Waldron, Wallis, Weber, Robert Rivas

SENATE FLOOR: 32-1-7

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener

NO: Nguyen

ABS, ABST OR NV: Dahle, Grove, Jones, Niello, Ochoa Bogh, Seyarto, Wilk

UPDATED

VERSION: August 19, 2024

CONSULTANT: Jessica Langtry / HUM. S. / (916) 319-2089 FN: 0004749

 THIRD READING  

Bill No: AB 2802

Author: Maienschein (D), et al.

Amended: 8/19/24 in Senate

Vote: 21

SENATE HUMAN SERVICES COMMITTEE: 4-0, 6/17/24

AYES: Alvarado-Gil, Blakespear, Hurtado, Menjivar

NO VOTE RECORDED: Ochoa Bogh

SENATE GOVERNMENTAL ORG. COMMITTEE: 10-2, 6/25/24

AYES: Dodd, Alvarado-Gil, Archuleta, Ashby, Bradford, Glazer, Padilla, Roth, Rubio, Smallwood-Cuevas

NOES: Nguyen, Seyarto

NO VOTE RECORDED: Wilk, Jones, Ochoa Bogh, Portantino

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 60-7, 5/2/24 - See last page for vote

SUBJECT: Transitional housing placement providers

SOURCE: Author

DIGEST:

This bill requires counties and operators of Transitional Housing Placement (THP) Programs to allow participants to choose who they share living spaces with regardless of gender identity and allow for gender flexibility. The bill expands the type of nonparticipant that a participant can share a bedroom or unit with to include a nonparticipant or participant sibling and participant’s coparent, as approved by the provider. It also allows current participants to refuse to share a unit with a nonparticipant.

Senate Floor Amendments of 8/19/24 reword the section based on technical assistance from the California Department of Social Services to improve implementation.

ANALYSIS:

Existing law:

1. Establishes a system of juvenile dependency for children for specified reasons, and designates that a child who meets certain criteria is within the jurisdiction of the juvenile court and may be adjudged as a dependent child of the court, as specified. (WIC 300 et seq.)
2. Provides for extended foster care funding for youth until age 21, as well as adopts other changes to conform to the federal Fostering Connections to Success Act. (WIC 241.1, 303, 366.3, 388, 391, 11400, 11402, 11403)
3. Defines "nonminor dependent” as a foster child who has attained 18 years of age while under an order of foster care placement by the juvenile court, but is not yet 21 years old. (WIC 11400 (v))
4. Establishes the licensure requirements for Transitional Housing Placement Programs. (HSC 1559.110 et seq)
5. Allows a nonminor participant in a transitional housing placement program to share a bedroom with another participant, a participant in Transitional Housing Program-Plus, a nonparticipant roommate, the participant’s children, and any other person specified by the department. (HSC 1559.110(g)(1)(E))
6. Allows a minor in a transitional housing placement program to share a bedroom with another participant, a participant in Transitional Housing Program-Plus, a nonparticipant roommate, the participant’s children, and any other person specified by the department. (HSC 1559.110(g)(1)(F))
7. Establishes the program certification requirements for Transitional Housing Placement Programs, including requirements that each program has policies regarding personal safety, childcare, pregnancy, and approval of any nonparticipant roommates. (WIC 16522.1)

This bill:

1. Allows a nonminor participant in a transitional housing placement program to share a bedroom with a nonparticipant or participant sibling and a participant’s coparent.
2. Allows a minor participant in a transitional housing placement program to share a bedroom with a nonparticipant or participant sibling and a participant’s coparent.
3. Specifies that a provider must give priority to program participants and current participants may refuse to allow a nonparticipant into their existing living unit.
4. Requires counties and their program contracts to allow the participants described in the bill to share bedrooms, bathrooms, and units regardless of gender identity.
5. Requires county program contracts to allow providers and participants to seek roommate matches that allow gender flexibility.

Comments

According to the author, “In California, with increasing awareness and acceptance of diverse gender identities, enforcing strict rules based solely on assigned gender may pose difficulties for non-conforming individuals, siblings who are not of the same gender, and co-parenting youth. To maximize the opportunity for foster youth to succeed, regardless of their gender identity, we need to ensure that foster youth who are aging out of the system are set up for success. AB 2802 would require flexibility in gender identification for housing arrangements within Transitional Housing Placement (THP) Programs. This bill would ensure that transitional housing remains a space where all individuals, regardless of their gender identity, parental status, or family dynamic can access support while maintaining a sense of dignity and agency.”

Transitional Housing Placements- Minors (THP-M). THP-M placements provide safe living environments for youth who are 16 to 18 years old and participating in an Independent Living Program (ILP). The goal of this placement is to provide youth with a housing environment where they can safely learn and practice independent living and self-sufficiency. Participants are able to live alone, with CDSS approval, with a host family or with roommates in apartments or single-family dwellings. Participating youth are supported and supervised by the Transitional Housing Placement Program agency staff (who sometimes live onsite) county social workers and ILP coordinators. The THP program agency, county social worker and ILP coordinators provide the youth with supportive services including, but not limited to: educational guidance, employment counseling, and assistance in reaching the youth’s emancipation goals outlined in the youth’s Transitional Independent Living Plan. Program rules prohibit temporary housing accommodations, including supervised or privately operated shelters, and temporary housing provided by friends or family.

Transitional Housing Placement Program for Non-Minor Dependents (THP-NMD). THP-NMD placements are certified residential housing units that provide NMDs, 18 to 21 year olds, with transitional housing and supportive housing based on the youth’s Transitional Independent Living Plan. Youth participating in a THP-NMD placement receive case management, supervision, and supportive services from their THP-NMD provider. The goal of these services is to help the NMD transition to independent living by helping them meet education goals, obtain gainful employment, learn financial management and other daily living skills. NMDs are placed in THP-NMD settings based on an assessment their strengths and needs, and their THP-NMD setting may use any of the following three housing models:

• Host Family: Placement where the NMD lives with a caring adult who is selected and approved by the THP provider;
• Single Site: Placement where the NMD lives in an apartment, condominium, or single family dwelling rented or leased by the THP-NMD provider, in which one or more adult employees of the THP-NMD provider resides on site; or
• Remote Site: Placement where the NMD lives in a single housing unit rented or leased by the housing provider. The NMD lives independently but still receives regular supervision from the provider.

LGBTQ+ and Gender Expansive Youth. While individuals experience different paths in accepting and understanding their sexuality and gender expression, research shows that most LGBTQ+ and gender-expansive youth are aware of their sexual orientation and gender identity by the start of adolescence.

CDSS is working to improve outcomes for LGBTQ+ youth in foster care, by working with stakeholders through a partnership with the Sexual Orientation, Gender Identity and Expression (SOGIE) Advisory Committee. Together, this group works to implement legislation, technical assistance resources, and to establish new tools to improve the well-being of LGBTQ+ youth in foster care. Several policies have been implemented at the recommendation of the workgroup over the last few years, all with the goal of promoting affirming placements and positive developmental experiences for LGBTQ+ and gender-expansive foster youth. CDSS also created a Sexual Orientation, Gender Identity & Expression Guide for Children’s Residential Providers and Caregivers which raises awareness about challenges faced by gender expansive youth and how to respond. The guidance includes ways to create safe spaces for youth, ensure they have access to services, how to be responsive if the youth expresses discomfort in their placement or lack of support because of their gender identity.

LGBTQ+ and Gender Expansive Youth’s Overrepresentation in CWS and Youth Homelessness. According to a report by the National Alliance to End Homelessness, gender expansive youth are “twice as likely as their cisgender peers to experience abuse at home. These experiences can also increase the number of gender-expansive youth forced to enter the foster system, a key predictor of future homelessness.” Also, “between 2019 and 2023, the combined number of gender non-binary and gender-questioning people experiencing homelessness increased by at least 183 percent. Gender-expansive youth of color are twice as likely to experience homelessness compared with their white counterparts.”

According to the Trevor Project, a nationwide survey of LGBTQ+ youth revealed 28 percent of all LGBTQ+ youth reported experiencing homelessness of housing instability at some point in their lives. Additionally, the Trevor Project reports that housing instability rates were greater among gender-expansive youth, with rates of homelessness among transgender and nonbinary youth being higher than their LGBQ peers. This bills seeks to decrease instances of mistreatment by allowing flexibility in gender identification for room assignments that accommodates the diverse needs of all residents, irrespective of their gender identity or expression.

Related/Prior Legislation

AB 592 (Friedman, Chapter 702, Statutes of 2021) expanded the scope of a host family within the foster care system to include supervised transitional housing services provided by a transitional housing placement (THP) provider; permits a host family to include certain approved placements and declares that those placements.

AB 2663 (Ramos, 2022) would have required, on or before July 1, 2023, the California Department of Social Services (CDSS) to establish a voluntary, five-year pilot program, the Youth Acceptance Project (YAP), in up to five counties to increase permanency outcomes for lesbian, gay, bisexual, transgender, queer, or plus (LGBTQ+) and gender-expansive youth and their families, as provided. Vetoed.

AB 2466 (Cervantes, Chapter 967, Statutes of 2022) prohibited a placing agency from declining to place a foster child with a resource family because a resource family parent identifies as lesbian, gay, bisexual, transgender, or queer (LGBTQ).

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 8/5/24)

ACLU California Action

Alliance for Children's Rights

Aspiranet

California Alliance of Caregivers

California Alliance of Child and Family Services

California Coalition for Youth

California Legislative LGBTQ Caucus

Children's Institute

County Welfare Directors Association of California

Didi Hirsch Mental Health Services

Equality California

First Place for Youth

Junior Leagues of California State Public Affairs Committee

Public Counsel - TAY

Seneca Family of Agencies

Sycamores

The Children's Partnership

OPPOSITION: (Verified 8/5/24)

None received

ASSEMBLY FLOOR: 60-7, 5/2/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Ward, Wicks, Wilson, Wood, Zbur

NOES: Dixon, Essayli, Vince Fong, Gallagher, Jim Patterson, Sanchez, Ta

NO VOTE RECORDED: Calderon, Chen, Megan Dahle, Davies, Flora, Hoover, Low, Mathis, Joe Patterson, Waldron, Wallis, Weber, Robert Rivas

Prepared by: Naima Ford Antal / HUMAN S. / (916) 651-1524

8/20/24 16:01:51

**** END ****

 THIRD READING  

Bill No: AB 2802

Author: Maienschein (D), et al.

Amended: 4/2/24 in Assembly

Vote: 21

SENATE HUMAN SERVICES COMMITTEE: 4-0, 6/17/24

AYES: Alvarado-Gil, Blakespear, Hurtado, Menjivar

NO VOTE RECORDED: Ochoa Bogh

SENATE GOVERNMENTAL ORG. COMMITTEE: 10-2, 6/25/24

AYES: Dodd, Alvarado-Gil, Archuleta, Ashby, Bradford, Glazer, Padilla, Roth, Rubio, Smallwood-Cuevas

NOES: Nguyen, Seyarto

NO VOTE RECORDED: Wilk, Jones, Ochoa Bogh, Portantino

ASSEMBLY FLOOR: 60-7, 5/2/24 - See last page for vote

SUBJECT: Transitional housing placement providers

SOURCE: Author

DIGEST:

This bill requires counties and operators of Transitional Housing Placement (THP) Programs to allow participants to choose who they share living spaces with regardless of gender identity and allow for gender flexibility. The bill expands the type of nonparticipant that a participant can share a bedroom or unit with to include a nonparticipant or participant sibling and participant’s coparent, as approved by the provider. It also allows current participants to refuse to share a unit with a nonparticipant.

ANALYSIS:

Existing Law:

1. Establishes a system of juvenile dependency for children for specified reasons, and designates that a child who meets certain criteria is within the jurisdiction of the juvenile court and may be adjudged as a dependent child of the court, as specified. (WIC 300 et seq.)
2. Provides for extended foster care funding for youth until age 21, as well as adopts other changes to conform to the federal Fostering Connections to Success Act. (WIC 241.1, 303, 366.3, 388, 391, 11400, 11402, 11403)
3. Defines "nonminor dependent” as a foster child who has attained 18 years of age while under an order of foster care placement by the juvenile court, but is not yet 21 years old. (WIC 11400 (v))
4. Establishes the licensure requirements for Transitional Housing Placement Programs. (HSC 1559.110 et seq)
5. Allows a nonminor participant in a transitional housing placement program to share a bedroom with another participant, a participant in Transitional Housing Program-Plus, a nonparticipant roommate, the participant’s children, and any other person specified by the department. (HSC 1559.110(g)(1)(E))
6. Allows a minor in a transitional housing placement program to share a bedroom with another participant, a participant in Transitional Housing Program-Plus, a nonparticipant roommate, the participant’s children, and any other person specified by the department. (HSC 1559.110(g)(1)(F))
7. Establishes the program certification requirements for Transitional Housing Placement Programs, including requirements that each program has policies regarding personal safety, childcare, pregnancy, and approval of any nonparticipant roommates. (WIC 16522.1)

This bill:

1. Allows a nonminor participant in a transitional housing placement program to share a bedroom with a nonparticipant or participant sibling and a participant’s coparent.
2. Allows a minor participant in a transitional housing placement program to share a bedroom with a nonparticipant or participant sibling and a participant’s coparent.
3. Specifies that a provider must give priority to program participants and current participants may refuse to allow a nonparticipant into their existing living unit.
4. Requires counties and their program contracts to allow the participants described in the bill to share bedrooms, bathrooms, and units regardless of gender identity.
5. Requires county program contracts to allow providers and participants to seek roommate matches that allow gender flexibility.

Comments

According to the author, “In California, with increasing awareness and acceptance of diverse gender identities, enforcing strict rules based solely on assigned gender may pose difficulties for non-conforming individuals, siblings who are not of the same gender, and co-parenting youth. To maximize the opportunity for foster youth to succeed, regardless of their gender identity, we need to ensure that foster youth who are aging out of the system are set up for success. AB 2802 would require flexibility in gender identification for housing arrangements within Transitional Housing Placement (THP) Programs. This bill would ensure that transitional housing remains a space where all individuals, regardless of their gender identity, parental status, or family dynamic can access support while maintaining a sense of dignity and agency.”

Transitional Housing Placements- Minors (THP-M). THP-M placements provide safe living environments for youth who are 16 to 18 years old and participating in an Independent Living Program (ILP). The goal of this placement is to provide youth with a housing environment where they can safely learn and practice independent living and self-sufficiency. Participants are able to live alone, with CDSS approval, with a host family or with roommates in apartments or single-family dwellings. Participating youth are supported and supervised by the Transitional Housing Placement Program agency staff (who sometimes live onsite) county social workers and ILP coordinators. The THP program agency, county social worker and ILP coordinators provide the youth with supportive services including, but not limited to: educational guidance, employment counseling, and assistance in reaching the youth’s emancipation goals outlined in the youth’s Transitional Independent Living Plan. Program rules prohibit temporary housing accommodations, including supervised or privately operated shelters, and temporary housing provided by friends or family.

Transitional Housing Placement Program for Non-Minor Dependents (THP-NMD). THP-NMD placements are certified residential housing units that provide NMDs, 18 to 21 year olds, with transitional housing and supportive housing based on the youth’s Transitional Independent Living Plan. Youth participating in a THP-NMD placement receive case management, supervision, and supportive services from their THP-NMD provider. The goal of these services is to help the NMD transition to independent living by helping them meet education goals, obtain gainful employment, learn financial management and other daily living skills. NMDs are placed in THP-NMD settings based on an assessment their strengths and needs, and their THP-NMD setting may use any of the following three housing models:

• Host Family: Placement where the NMD lives with a caring adult who is selected and approved by the THP provider;
• Single Site: Placement where the NMD lives in an apartment, condominium, or single family dwelling rented or leased by the THP-NMD provider, in which one or more adult employees of the THP-NMD provider resides on site; or
• Remote Site: Placement where the NMD lives in a single housing unit rented or leased by the housing provider. The NMD lives independently but still receives regular supervision from the provider.

LGBTQ+ and Gender Expansive Youth. While individuals experience different paths in accepting and understanding their sexuality and gender expression, research shows that most LGBTQ+ and gender-expansive youth are aware of their sexual orientation and gender identity by the start of adolescence.

CDSS is working to improve outcomes for LGBTQ+ youth in foster care, by working with stakeholders through a partnership with the Sexual Orientation, Gender Identity and Expression (SOGIE) Advisory Committee. Together, this group works to implement legislation, technical assistance resources, and to establish new tools to improve the well-being of LGBTQ+ youth in foster care. Several policies have been implemented at the recommendation of the workgroup over the last few years, all with the goal of promoting affirming placements and positive developmental experiences for LGBTQ+ and gender-expansive foster youth. CDSS also created a Sexual Orientation, Gender Identity & Expression Guide for Children’s Residential Providers and Caregivers which raises awareness about challenges faced by gender expansive youth and how to respond. The guidance includes ways to create safe spaces for youth, ensure they have access to services, how to be responsive if the youth expresses discomfort in their placement or lack of support because of their gender identity.

LGBTQ+ and Gender Expansive Youth’s Overrepresentation in CWS and Youth Homelessness. According to a report by the National Alliance to End Homelessness, gender expansive youth are “twice as likely as their cisgender peers to experience abuse at home. These experiences can also increase the number of gender-expansive youth forced to enter the foster system, a key predictor of future homelessness.” Also, “between 2019 and 2023, the combined number of gender non-binary and gender-questioning people experiencing homelessness increased by at least 183 percent. Gender-expansive youth of color are twice as likely to experience homelessness compared with their white counterparts.”

According to the Trevor Project, a nationwide survey of LGBTQ+ youth revealed 28 percent of all LGBTQ+ youth reported experiencing homelessness of housing instability at some point in their lives. Additionally, the Trevor Project reports that housing instability rates were greater among gender-expansive youth, with rates of homelessness among transgender and nonbinary youth being higher than their LGBQ peers. This bills seeks to decrease instances of mistreatment by allowing flexibility in gender identification for room assignments that accommodates the diverse needs of all residents, irrespective of their gender identity or expression.

Related/Prior Legislation:

AB 592 (Friedman, Chapter 702, Statutes of 2021) expanded the scope of a host family within the foster care system to include supervised transitional housing services provided by a transitional housing placement (THP) provider; permits a host family to include certain approved placements and declares that those placements.

AB 2663 (Ramos, 2022) would have required, on or before July 1, 2023, the California Department of Social Services (CDSS) to establish a voluntary, five-year pilot program, the Youth Acceptance Project (YAP), in up to five counties to increase permanency outcomes for lesbian, gay, bisexual, transgender, queer, or plus (LGBTQ+) and gender-expansive youth and their families, as provided. Vetoed.

AB 2466 (Cervantes, Chapter 967, Statutes of 2022) prohibited a placing agency from declining to place a foster child with a resource family because a resource family parent identifies as lesbian, gay, bisexual, transgender, or queer (LGBTQ).

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 8/5/24)

ACLU California Action

Alliance for Children's Rights

Aspiranet

California Alliance of Caregivers

California Alliance of Child and Family Services

California Coalition for Youth

California Legislative LGBTQ Caucus

Children's Institute

County Welfare Directors Association of California

Didi Hirsch Mental Health Services

Equality California

First Place for Youth

Junior Leagues of California State Public Affairs Committee

Public Counsel - TAY

Seneca Family of Agencies

Sycamores

The Children's Partnership

OPPOSITION: (Verified 8/5/24)

None received

ASSEMBLY FLOOR: 60-7, 5/2/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Ward, Wicks, Wilson, Wood, Zbur

NOES: Dixon, Essayli, Vince Fong, Gallagher, Jim Patterson, Sanchez, Ta

NO VOTE RECORDED: Calderon, Chen, Megan Dahle, Davies, Flora, Hoover, Low, Mathis, Joe Patterson, Waldron, Wallis, Weber, Robert Rivas

Prepared by: Naima Ford Antal / HUMAN S. / (916) 651-1524

8/7/24 17:58:39

**** END ****

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Bill Dodd

Chair

2023 - 2024 Regular

Bill No: 2802 Hearing Date: 6/25/2024

SUBJECT: Transitional housing placement providers

DIGEST: This bill requires counties and providers of Transitional Housing Placement (THP) Programs to allow participants to choose who they share living spaces with regardless of gender identity, expands the type of nonparticipant that a participant can share a bedroom or unit with to include a sibling and co-parent, and allows current participants to refuse to share a unit with a nonparticipant. Additionally, this bill authorizes the Department of Social Services (DSS) to implement the changes made by this bill by means of all-county letters or similar instructions from the department until regulations are adopted, as specified.

ANALYSIS:

Existing law:

1. The California Community Care Facilities Act requires the Department of Social Services (DSS) to license and regulate transitional housing placement providers, as specified.
2. Specifies that a transitional housing placement provider is an organization licensed by DSS to provide transitional housing to foster children at least 16 years of age and not more than 18 years of age and to non-minor dependents to promote their transition to adulthood.
3. Requires a transitional housing unit to include, among other things, a host family certified by a transitional housing placement provider or other designated entity, as specified.
4. Requires DSS to adopt regulations governing transitional housing placement living arrangements requirements for minors and non-minor dependents, as specified.
5. Establishes the Administrative Procedures Act (APA) with rulemaking procedures and standards for state agencies in California designed to provide the public with a meaningful opportunity to participate in the adoption of state regulations and to ensure that regulations are clear, necessary, and legally valid.

This bill:

1. Requires the regulations adopted by DSS governing transitional housing placement living arrangements to include allowing a non-minor dependent participant to share a bedroom with a nonparticipant or participant sibling, and a participant’s co-parent.
2. Requires a provider to give priority to program participants, and to allow a current program participant residing within a unit to reject the inclusion of a nonparticipant into their existing unit.
3. Requires the regulations adopted by DSS governing transitional housing placement living arrangements to include allowing a minor participant to share a bedroom with the participant’s children, co-parent, and participant sibling, and a nonparticipant roommate, sibling, or co-parent, as approved by the provider on a case-by-case basis, as specified.
4. Requires a provider to give priority to program participants, and to allow a current program participant residing within a unit to reject the inclusion of a nonparticipant into their existing unit.
5. Requires all counties and program contracts to allow individual program participants and individuals, as specified, to share bedrooms, bathrooms, and units together, regardless of gender identity. County program contracts shall allow providers and participants to make best matches to allow for gender flexibility.
6. Authorizes DSS to implement, interpret, or make specific the changes made by this bill by means of all-county letters or similar instructions from the department until regulations are adopted.
7. Provides that the all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations.
8. Provides that no reimbursement is required by this act for specified reasons.

Background

Author Statement. According to the author’s office, “in California, increasing awareness and acceptance of diverse gender identities challenge strict rules based on assigned gender, affecting non-conforming individuals, siblings, of different genders, and co-parenting youth. To help foster youth succeed as they age out of the system, AB 2802 mandates flexible gender identification in Transitional Housing Placement Programs. This bill ensures transitional housing supports all individuals, regardless of gender identity, parental status, or family dynamics, while preserving their dignity and agency.”

The California Administrative Procedures Act. The APA, originally established by SB 705 (DeLap, Chapter 867, Statutes of 1945), predates the federal version and is a set of laws and regulations that governs how state agencies in California must conduct administrative rulemaking and adjudicative proceedings. The APA was established in response to concerns that the number of administrative regulations had grown significantly, and that many regulations were written in an unclear and unnecessarily complex manner. The APA aims to ensure that regulations are written in a comprehensible manner, are authorized by statute, and are consistent with other laws.

To achieve these goals, the APA established the Office of Administrative Law (OAL) as a central office within state government charged with the orderly review of adopted regulations. The OAL is responsible for reviewing regulations to ensure that they are written in a comprehensible manner, are authorized by statute, and are consistent with other laws. The OAL is also tasked with reducing the number of administrative regulations and improving the quality of those regulations that are adopted.

State agencies must actively seek to reduce the unnecessary regulatory burden on private individuals and entities by substituting performance standards for prescriptive standards wherever performance standards can be reasonably expected to be as effective and less burdensome, and that this substitution shall be considered during the course of the agency rulemaking process.

The APA requires that state agencies must give the OAL ready access to their records and full information and reasonable assistance in any matter of research requiring recourse to them or to data within their knowledge or control.

Furthermore, any interested person may petition a state agency requesting the adoption, amendment, or repeal of a regulation as provided in Article 5 of the APA. The state agency must notify the petitioner in writing of the receipt and must within 30 days deny the petition indicating why the agency has reached its decision on the merits of the petition in writing or schedule the matter for public hearing in accordance with the notice and hearing requirements of that article.

The APA was designed to promote transparency, fairness, and public participation in the administrative process. Its main objectives are to ensure that regulations are written in a comprehensible manner, are authorized by statute, and are consistent with other law. The APA established the OAL to review and improve the quality of adopted regulations, and state agencies must actively seek to reduce the unnecessary regulatory burden on private individuals and entities.

All-County Letters. DSS regularly publishes formal communications known as all-county letters (ACLs) and All County Information Notices (ACINs) that have information on legislative changes, regulations, policy, programs, and benefits. These letters are one of the primary means through which the state communicates important information related to the administration of social services, including but not limited to, public assistance, child welfare, and adult services. DSS maintains an archive of all ACLs issued by year, dating back to 1974, on the department’s internet website.

This bill authorizes DSS to implement, interpret, or make specific the changes made by this bill by means of ACLs or similar instructions from the department until regulations are adopted. These ACLs or similar written instructions shall have the same force and effect as regulations until the adoption of said regulations.

Transitional Housing Placement for Minors (THP-M). THP-M placements offer safe living environments for youth aged 16 to 18 who are part of an Independent Living Program (ILP). The primary goal is to provide a secure housing setting where these young individuals can safely learn and practice independent living skills and self-sufficiency. Participants, with DSS approval, can live alone, with a host family, or with roommates in apartments or single-family homes. They receive support and supervision from THP agency staff, who sometimes live onsite, as well as from county social workers and ILP coordinators. These professionals offer essential services, including educational guidance, employment counseling, and assistance in achieving emancipation goals outlined in each youth’s Transitional Independent Living Plan. Program rules strictly prohibit temporary housing accommodations such as supervised or privately operated shelters, or temporary housing provided by friends or family.

Transitional Housing Placement Program for Non-Minor Dependents (THP-NMD). THP-NMD placements offer certified residential housing units for non-minor dependents (NMDs) aged 18 to 21, providing transitional housing and support based on their Transitional Independent Living Plan. Youth in THP-NMD placements receive case management, supervision, and supportive services from their THP-NMD provider. These services aim to facilitate the NMD’s transition to independent living by helping them achieve educational goals, secure employment, and learn financial management and other daily living skills. NMDs are placed in THP-NMD settings after an assessment of their strengths and needs, with three possible housing models available:

1. Host Family: The NMD lives with a caring adult selected and approved by the THP provider.
2. Single Site: The NMD lives in an apartment, condominium, or single-family dwelling rented or leased by the THP-NMD provider, with one or more adult employees of the provider residing on-site.
3. Remote Site: The NMD lives independently in a housing unit rented or leased by the provider, while still receiving regular supervision.

These diverse housing options ensure that NMDs have the necessary support to thrive and successfully transition to independent living.

LGBTQ+ and Gender Expansive Youth. While individuals experience different journeys in accepting and understanding their sexuality and gender expression, research shows that most LGBTQ+ and gender-expansive youth are aware of their sexual orientation and gender identity by early adolescence. According to a Human Rights Campaign Foundation survey, “on average, California youth who participated in the survey first understood their sexual orientation by age 12.” For many LGBTQ+ and gender-expansive youth, early self-discovery is a crucial step in affirming their sexuality and gender expression. However, family and loved ones’ support is often the key factor in developing high self-esteem during this process.

DSS is dedicated to improving outcomes for LGBTQ+ youth in foster care by collaborating with stakeholders through the Sexual Orientation, Gender Identity, and Expression (SOGIE) Advisory Committee. This partnership focuses on implementing legislation, providing technical assistance resources, and establishing new tools to enhance the well-being of LGBTQ+ youth in foster care. Over the past few years, several policies recommended by the workgroup have been put into place, all aiming to promote affirming placements and positive developmental experiences for LGBTQ+ and gender-expansive foster youth. Additionally, DSS created a Sexual Orientation, Gender Identity & Expression Guide for Children’s Residential Providers and Caregivers. This guide raises awareness about the challenges faced by gender expansive youth and offers strategies for creating safe spaces, ensuring access to services, and responding effectively if a youth expresses discomfort or lack of support due to their gender identity.

LGBTQ+ and Gender Expansive Youth Overrepresentation in Homelessness and the Child Welfare System. Research indicates that LGBTQ+ and gender expansive youth are overrepresented in both California’s homeless youth population and the Child Welfare System (CWS). Studies suggest that LGBTQ+ youth constitute between five to 10 percent of the entire foster youth population. While these youth enter the CWS for various reasons, the trauma of discrimination is often compounded by family separation. This trauma can lead to poor school performance, higher rates of substance abuse, and negative mental health impacts. LGBTQ+ foster youth report more school fights, victimization, and mental health issues compared to their non-CWS involved LGBTQ+ peers.

Additionally, LGBTQ+ and gender expansive youth face significant disparities in accessing permanent placements within California’s CWS. Discrimination and bias, which affect all LGBTQ+ individuals, have a particularly severe impact on those in the foster system. This discrimination often results in higher rates of congregate care placement and lower permanency outcomes. A survey of LGBTQ+ foster youth in New York found that 78 percent had been removed or had run away from placements due to hostility towards their Sexual Orientation, Gender Identity, and Expression, with 70 percent reporting that this tension lead to physical violence.

The National Alliance to End Homelessness reports that gender expansive youth are “twice as likely as their cisgender peers to experience abuse at home.” According to the alliance’s report titled Federal Data Demonstrates the Need for Safe, Supportive, and Specific Housing for Gender-Expansive People, these experiences often force gender-expansive youth into the foster system, a key predictor of future homelessness. Between 2019 and 2023, the number of gender non-binary and gender-questioning people experiencing homelessness increased by at least 183 percent. Gender-expansive youth of color are twice as likely to experience homelessness compared to their white counterparts.

According to the Trevor Project, a nationwide survey of LGBTQ+ youth revealed that 28 percent of all LGBTQ+ youth reported experiencing homelessness or housing instability at some point in their lives. The rates of homelessness were higher among gender-expansive youth, with 38 percent of transgender girls/women, 39 percent of transgender boys/men, and 35 percent of non-binary youth experiencing homelessness. Additionally, the survey found that 16 percent of LGBTQ+ youth who reported experiencing homelessness had run away from home, with 55 percent citing mistreatment or fear of mistreatment due to their LGBTQ+ or gender expansive identity.

This bill seeks to decrease instances of mistreatment by allowing flexibility in gender identification for room assignments, accommodating the diverse needs of all residents regardless of their gender identity or expression. This bill requires county program contracts to allow providers and participants to make best matches to allow for gender flexibility. Additionally, this bill requires a provider to give priority to program participants and to allow a current program participant residing within a unit to reject inclusion of a nonparticipant into their existing unit.

Prior/Related Legislation

SB 990 (Padilla, 2024) requires the Office of Emergency Services to update the State Emergency Plan with proposed policies and best practices for local government and nongovernmental entities to equitably serve LGBTQ+ communities during an emergency or natural disaster, as specified. (Pending in the Assembly Appropriations Committee)

AB 3031 (Lee, 2024) bill establishes the LGBTQ+ Commission in state government with goals to, among other things, act in an advisory capacity to the Legislature and Governor on policy matters affecting the state’s LGBTQ+ community and its members, as specified. (Pending in the Senate Governmental Organization Committee)

SB 857 (Laird, Chapter 228, Statutes of 2023) requires the State Superintendent of Public Instruction to convene an advisory task force to identify the statewide needs of LGBTQ+ pupils and report its findings to the Legislature, as specified.

AB 589 (Boerner, 2023) would have required the Department of Housing and Community Development to establish the Unicorn Homes Transitional Housing for Homeless LGBTQ+ Youth Program as a five-year pilot program, as specified. (Vetoed by Governor Newsom)

AB 1522 (Cervantes, 2023) would have required DSS to convene a workgroup to create a report with recommendations to prevent housing instability among LGBTQ youth in foster care, as specified. (Held on the Assembly Appropriations Committee Suspense File)

AB 2466 (Cervantes, Chapter 967, Statutes of 2022) prohibits, when placing foster children, the placing agency from declining to place a child with a resource family because of a resource family parent’s actual or perceived sexual orientation, gender identity, or gender expression, and removes the term “hard to place” children from statute, as specified.

AB 2663 (Ramos, 2022) would have required DSS to establish a five-year pilot program, the "Youth Acceptance Project", to increase permanency outcomes for LGBTQ+ and gender-expansive youth and their families, on or before July 1, 2023. (Vetoed by Governor Newsom)

AB 592 (Friedman, Chapter 702, Statutes of 2021) deletes the requirement for a host family to be certified by a THP provider and broadens the scope to include supervised transitional housing services. Additionally, allows certain approved placements to function as a host family without additional certification and permits counties to authorize licensed THP providers to offer supportive services to assist NMDs, as specified.

AB 458 (Chu, Chapter 331, Statutes of 2003) ensures that foster children and others in the foster care community are not subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or human immunodeficiency virus (HIV) status, as specified.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT:

California Alliance of Child and Family Services (Source)

ACLU California Action
Alliance for Children's Rights
Aspiranet
Association of Community Human Service Agencies
California Alliance of Caregivers
California Coalition for Youth
California Legislative LGBTQ Caucus
Child Abuse Prevention Center
Children's Institute
County Welfare Directors Association of California
Didi Hirsch Mental Health Services
Edgewood Center for Children and Families
Equality California
First Place for Youth
Good River Partners
Junior Leagues of California State Public Affairs Committee
Lincoln Families
Public Counsel
Redwood Community Services
Safe Place for Youth
Seneca Family of Agencies
Side by Side
Sycamores
The Children's Partnership
Walden Family Services
Yolo Farm to Fork

OPPOSITION:

None received

ARGUMENTS IN SUPPORT: In support of the bill, the California Alliance of Child and Family Services writes that, “[a]ccording to the National Alliance to End Homelessness, between 2019 and 2023, the combined number of gender non-binary and gender-questioning people experiencing homelessness increased by at least 183 percent. These disparities are exacerbated by race and age. Gender-expansive youth of color are twice as likely to experience homelessness compared with their white counterparts. This trend is especially concerning since homelessness worsens physical and mental health conditions, especially the already high risk of self-harm and suicide among gender-expansive youth. Another population that is overrepresented in foster care are pregnant youth. For children in the child welfare system, youth experience higher levels of pregnancy. According to the National Foster Youth Institute, almost 60 percent of girls in foster care become pregnant by the age of 19. To provide more flexibility for these vulnerable populations, a more inclusive approach must be adopted. AB 2802 is critical to provide housing respite and support services to youth who are transitioning into adulthood and protect them against stringent gender-based guidelines for unit sharing, so that they may share housing with others even if they may not share the same gender. This allows for youth to identify how they want without fear of not finding a suitable placement for them, and allows for coparenting youth to live together in the same unit as well, despite being of different genders.”

Additionally, “flexibility in bedroom sharing becomes particularly crucial in the context of sibling sets where young adults may identify differently than the sex assigned at birth or when siblings of the opposite sex are close in age. Prioritizing and nurturing sibling bonds contributes significantly to fostering positive outcomes including but not limited to: mitigation of emotional and behavioral difficulties, heightened mental well-being, and improved academic performance.”

DUAL REFERRAL: Senate Human Services Committee (4-0) & Senate Governmental Organization Committee

SENATE COMMITTEE ON HUMAN SERVICES

Senator Alvarado-Gil, Chair

2023 - 2024 Regular

Subject: Transitional housing placement providers

SUMMARY

This bill requires counties and operators of Transitional Housing Placement (THP) Programs to allow participants to choose who they share living spaces with regardless of gender identity and allow for gender flexibility. The bill expands the type of nonparticipant that a participant can share a bedroom or unit with to include a nonparticipant or participant sibling and participant’s coparent, as approved by the provider. It also allows current participants to refuse to share a unit with a nonparticipant.

ABSTRACT

Existing Law:

1. Establishes a system of juvenile dependency for children for specified reasons, and designates that a child who meets certain criteria is within the jurisdiction of the juvenile court and may be adjudged as a dependent child of the court, as specified. (WIC 300 et seq.)
2. Provides for extended foster care funding for youth until age 21, as well as adopts other changes to conform to the federal Fostering Connections to Success Act. (WIC 241.1, 303, 366.3, 388, 391, 11400, 11402, 11403)
3. Defines "nonminor dependent” as a foster child who has attained 18 years of age while under an order of foster care placement by the juvenile court, but is not yet 21 years old. (WIC 11400 (v))
4. Establishes the licensure requirements for Transitional Housing Placement Programs. (HSC 1559.110 et seq)
5. Allows a nonminor participant in a transitional housing placement program to share a bedroom with another participant, a participant in Transitional Housing Program-Plus, a nonparticipant roommate, the participant’s children, and any other person specified by the department. (HSC 1559.110(g)(1)(E))
6. Allows a minor in a transitional housing placement program to share a bedroom with another participant, a participant in Transitional Housing Program-Plus, a nonparticipant roommate, the participant’s children, and any other person specified by the department. (HSC 1559.110(g)(1)(F))
7. Establishes the program certification requirements for Transitional Housing Placement Programs, including requirements that each program has policies regarding personal safety, childcare, pregnancy, and approval of any nonparticipant roommates. (WIC 16522.1)

This Bill:

1. Allows a nonminor participant in a transitional housing placement program to share a bedroom with a nonparticipant or participant sibling and a participant’s coparent.
2. Allows a minor participant in a transitional housing placement program to share a bedroom with a nonparticipant or participant sibling and a participant’s coparent.
3. Specifies that a provider must give priority to program participants and current participants may refuse to allow a nonparticipant into their existing living unit.
4. Requires counties and their program contracts to allow the participants described in the bill to share bedrooms, bathrooms, and units regardless of gender identity.
5. Requires county program contracts to allow providers and participants to seek roommate matches that allow gender flexibility.

FISCAL IMPACT

According to the Assembly Appropriations Committee the bill has, “minor and absorbable costs to CDSS to update regulations [and] negligible costs to counties.”

BACKGROUND AND DISCUSSION

Purpose of the Bill:

According to the author, “In California, with increasing awareness and acceptance of diverse gender identities, enforcing strict rules based solely on assigned gender may pose difficulties for non-conforming individuals, siblings who are not of the same gender, and co-parenting youth. To maximize the opportunity for foster youth to succeed, regardless of their gender identity, we need to ensure that foster youth who are aging out of the system are set up for success. AB 2802 would require flexibility in gender identification for housing arrangements within Transitional Housing Placement (THP) Programs. This bill would ensure that transitional housing remains a space where all individuals, regardless of their gender identity, parental status, or family dynamic can access support while maintaining a sense of dignity and agency.”

Background

Transitional Housing Placements- Minors (THP-M)

THP-M placements provide safe living environments for youth who are 16 to 18 years old and participating in an Independent Living Program (ILP). The goal of this placement is to provide youth with a housing environment where they can safely learn and practice independent living and self-sufficiency. Participants are able to live alone, with CDSS approval, with a host family or with roommates in apartments or single-family dwellings. Participating youth are supported and supervised by the Transitional Housing Placement Program agency staff (who sometimes live onsite) county social workers and ILP coordinators. The THPP agency, county social worker and ILP coordinators provide the youth with supportive services including, but not limited to: educational guidance, employment counseling, and assistance in reaching the youth’s emancipation goals outlined in the youth’s Transitional Independent Living Plan. Program rules prohibit temporary housing accommodations, including supervised or privately operated shelters, and temporary housing provided by friends or family.

Transitional Housing Placement Program for Non-Minor Dependents (THP-NMD)

THP-NMD placements are certified residential housing units that provide NMDs, 18 to 21 year olds, with transitional housing and supportive housing based on the youth’s Transitional Independent Living Plan. Youth participating in a THP-NMD placement receive case management, supervision, and supportive services from their THP-NMD provider. The goal of these services is to help the NMD transition to independent living by helping them meet education goals, obtain gainful employment, learn financial management and other daily living skills. NMDs are placed in THP-NMD settings based on an assessment their strengths and needs, and their THP-NMD setting may use any of the following three housing models:

• Host Family: Placement where the NMD lives with a caring adult who is selected and approved by the THP provider;
• Single Site: Placement where the NMD lives in an apartment, condominium, or single family dwelling rented or leased by the THP-NMD provider, in which one or more adult employees of the THP-NMD provider resides on site; or
• Remote Site: Placement where the NMD lives in a single housing unit rented or leased by the housing provider. The NMD lives independently but still receives regular supervision from the provider.

LGBTQ+ and Gender Expansive Youth

While individuals experience different paths in accepting and understanding their sexuality and gender expression, research shows that most LGBTQ+ and gender-expansive youth are aware of their sexual orientation and gender identity by the start of adolescence. According to a Human Rights Campaign Foundation survey, "on average, California youth who participated in the survey first understood their sexual orientation by age 12."^[1] For many LGBTQ+ and gender-expansive youth, the process of self-discovery at a young age is the first step in affirming their sexuality and gender expression; however, the support of family and loved ones is often the determining factor in a youth's development of high self-esteem.

CDSS is working to improve outcomes for LGBTQ+ youth in foster care, by working with stakeholders through a partnership with the Sexual Orientation, Gender Identity and Expression (SOGIE) Advisory Committee. Together, this group works to implement legislation, technical assistance resources, and to establish new tools to improve the well-being of LGBTQ+ youth in foster care. Several policies have been implemented at the recommendation of the workgroup over the last few years, all with the goal of promoting affirming placements and positive developmental experiences for LGBTQ+ and gender-expansive foster youth. CDSS also created a Sexual Orientation, Gender Identity & Expression Guide for Children’s Residential Providers and Caregivers which raises awareness about challenges faced by gender expansive youth and how to respond. The guidance includes ways to create safe spaces for youth, ensure they have access to services, how to be responsive if the youth expresses discomfort in their placement or lack of support because of their gender identity.^[2]

LGBTQ+ and Gender Expansive Youth’s Overrepresentation in CWS and Youth Homelessness

Research shows that LGBTQ+ and gender expansive youth are overrepresented in both the CWS system and California’s homeless youth population. Recent studies suggest that LGBTQ+ youth make up between five to ten percent of the entire foster youth population. LGBTQ+ and gender-expansive youth, like all youth, may enter the CWS system for many reasons, yet the trauma of discrimination that many LGBTQ+ and gender-expansive youth face is compounded by family separation. This trauma often leads to poorer school functioning, higher rates of substance use, and negative mental health impacts. LGBTQ+ foster youth also reported more fights in school, victimization, and mental health problems than their non-CWS system involved LGBTQ+ youth peers.

Furthermore, LGBTQ+ and gender expansive youths’ ability to access permanent placement shows severe disparities when compared to other foster youth in California’s CWS system. Like their non-system involved peers, LGBTQ+ and gender expansive youth face discrimination and bias, however, unlike their non-system involved peers, this bias and discrimination impacts these youth’s placements. The discrimination and bias faced by these youth in the CWS system results in higher rates of congregate care placement and lower permanency outcomes. A survey of LGBTQ+ foster youth in New York found that 78 percent of those surveyed had been removed or ran away from their placement due to hostility towards their Sexual Orientation, Gender Identity and Expression (SOGIE), with 70 percent stating this tension resulted in some physical violence.^[3]

According to a report by the National Alliance to End Homelessness, gender expansive youth are “twice as likely as their cisgender peers to experience abuse at home. These experiences can also increase the number of gender-expansive youth forced to enter the foster system, a key predictor of future homelessness.”^[4] Also, “between 2019 and 2023, the combined number of gender non-binary and gender-questioning people experiencing homelessness increased by at least 183 percent. Gender-expansive youth of color are twice as likely to experience homelessness compared with their white counterparts.”^[5]

According to the Trevor Project, a nationwide survey of LGBTQ+ youth revealed 28 percent of all LGBTQ+ youth reported experiencing homelessness of housing instability at some point in their lives. Additionally, the Trevor Project reports that housing instability rates were greater among gender-expansive youth, with rates of homelessness among transgender and nonbinary youth being higher than their LGBQ peers. These survey results found 38 percent of transgender girls/women, 39 percent of transgender boys/men, and 35 percent of nonbinary youth experienced homelessness. Additionally, the survey found 16 percent of the 28 percent of the LGBTQ youth who reported experiencing homelessness had run away from home, with 55 percent of those reporting they ran away due to mistreatment or fear of mistreatment due to their LGBTQ+ or gender expansive identity.^[6] This bills seeks to decrease instances of mistreatment by allowing flexibility in gender identification for room assignments that accommodates the diverse needs of all residents, irrespective of their gender identity or expression.

Related/Prior Legislation:

AB 592 (Friedman, Chapter 702, Statutes of 2021). expands the scope of a host family within the foster care system to include supervised transitional housing services provided by a transitional housing placement (THP) provider; permits a host family to include certain approved placements and declares that those placements.

AB 2663 (Ramos, 2022) Requires, on or before July 1, 2023, the California Department of Social Services (CDSS) to establish a voluntary, five-year pilot program, the Youth Acceptance Project (YAP), in up to five counties to increase permanency outcomes for lesbian, gay, bisexual, transgender, queer, or plus (LGBTQ+) and gender-expansive youth and their families, as provided. Vetoed

AB 2466 (Cervantes, Chapter 967, Statutes of 2022) would prohibit a placing agency from declining to place a foster child with a resource family because a resource family parent identifies as lesbian, gay, bisexual, transgender, or queer (LGBTQ).

COMMENTS

The goal of this bill is to ensure gender expansive youth have the opportunity to live in the most supportive environment available. Currently many contracts between the county and transitional housing placement providers specify that participants must be the same gender, and specify male or female, to share a room. The law also limits room sharing with a participant’s sibling or coparent. This bill removes those restrictions to allow more flexibility for participants that are facing the challenges that can often lead to difficulty finding housing. When a participant can live with people who can best support them, they are more likely to stay in housing.

PRIOR VOTES

POSITIONS

Support:

California Alliance of Child and Family Services (Sponsor)

Alliance for Children's Rights
Aspiranet
California Alliance of Caregivers
California Coalition for Youth
California Legislative Lgbtq Caucus
Children's Institute
County Welfare Directors Association of California
Didi Hirsch Mental Health Services
Equality California
First Place for Youth
Public Counsel - Tay
Seneca Family of Agencies
Sycamores
The Children's Partnership

Oppose:

None

-- END --

1. https://www.hrc.org/resources/youth-report ↑

2. https://www.cdss.ca.gov/Portals/9/CCLD/Resource%20Guide/CRP_%20SOGIE%20Guide_%20FINAL.pdf ↑

3. https://www.americanbar.org/groups/litigation/committees/childrens-rights/articles/2017/fall2017-keeping-transgender-gender-expansive-youth-safe/#:~:text=In%20New%20York%20City%2C%20studies,because%20they%20felt%20safer%20there. ↑

4. Soucy, 2024:” Safe, Supportive, and Specific Housing for Gender-Expansive People." https://endhomelessness.org/wp-content/uploads/2024/01/Federal-Data-Demonstrates-the-Need-for-Safe-Supportive-and-Specific-Housing-for-Gender-Expansive-People_1-23-24.pdf ↑

5. ibid ↑

6. Id. ↑

ASSEMBLY THIRD READING

ATR Bill Id:AB 2802

Author:(Maienschein)

As Amended Ver:April 2, 2024

Majority vote

SUMMARY

Requires counties, when operating the Transitional Housing Placement (THP) program, to allow providers and participants to make best matches to allow for gender flexibility. Updates the minimum requirements for regulations governing THP providers to allow participants to share units and bedrooms with siblings and co-parents regardless of gender identity.

Major Provisions

1. Adds to the persons a nonminor dependent (NMD) THP participant is allowed to share a bedroom or unit in a THP program with to include the following:
2. A nonparticipant sibling, or co-parent, as approved by the provider on a case-by-case basis, as specified by the California Department of Social Services (CDSS); and,
3. The participant's co-parent, and participant sibling.
4. Adds to the persons a minor THP participant is allowed to share a bedroom or unit in a transitional housing placement to include the following:
5. A nonparticipant sibling, or co-parent, as approved by the provider on a case-by-case basis, as specified by CDSS.
6. The participant's co-parent, and participant sibling;
7. Requires a provider to give priority to THP participants and allow a current program participant residing within a unit to reject inclusion of a nonparticipant into their existing unit.
8. Requires all counties and program contracts to allow both minor and NMD individual program participants to share bedrooms, bathrooms, and units together, regardless of gender identity.
9. Requires county program contracts to allow providers and participants to make best matches to allow for gender flexibility.
10. Permits CDSS to implement, interpret, or make specific the changes made by these provisions by means of all-county letters or similar instructions until regulations are adopted. Stipulates these all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations.

COMMENTS

Background: Transitional Housing Placement Program: The THP program for minors is a type of foster care placement, licensed by CDSS, for youth between 16 and 18 years of age. CDSS states that the goal of this program is to help participants emancipate successfully by providing a safe environment for youth, while learning skills that can promote self-sufficiency.

Participants are allowed to live alone, with CDSS approval, or with roommates in apartments or single-family dwellings, where a staff member from the housing provider lives on-site to provide supervision and assistance. The THP program for minors also provides supportive services such as, educational guidance, employment counseling, and assistance reaching emancipation goals outlined in a participant's Transitional Independent Living Plan (TILP), the emancipation readiness portion of a youth's case plan.

California offers the Transitional Housing Placement for Nonminor Dependents (THP-NMD) program for youth in extended foster care between 18 and 21 years of age, which provides NMDs with a placement option that provides transitional housing and supportive housing. Under THP-NMD, placement settings can include: host families where a youth lives with an adult who is selected and approved by the THP provider; a single site where an NMD lives in an apartment, condominium, or a single family home rented or leased by the housing provider (one or more adult employees of the housing provider lives on site); or, a remote site placement where the NMD lives in a single housing unit, such as an apartment or single family home, that is rented or leased by the housing provider in order to enable the youth to live independently, but still receive regular supervision and case management services.

THP-Plus is a transitional housing program for young adults who exited foster care, including probation-supervised youth, on or after their 18th birthday. This program offers housing and supportive services for 36 cumulative months or until the age of 25, whichever comes first. The housing models and services offered are similar to those offered in other THP programs, but the rules of the program are designed to be age appropriate for young adults. CDSS states the goal of THP-plus is to provide a safe living environment, while helping participants develop the life skills needed to live independently. The NMD is asked to develop a TILP to assist in identifying and detailing the goals and objectives necessary to transition into adulthood.

As a result of the enactment Family First Prevention Services Act in 2018, the THP program no longer meets the Federal Title IV-E and state foster care definition for federal reimbursement. This means that if a county chooses to place a youth in this type of placement setting, the county is required to use only county funds to cover the rates/costs, which are set by each county.

This bill clarifies that THP participants can live with a sibling or co-parent regardless of their gender identity. While expanding the types of people permitted to be placed in a THP, the bill also allows current program recipients to reject inclusion of a nonparticipant into their existing unit, while specifying that program providers must give priority to program recipients when it comes to placements.

CDSS Regulations for the THP Program: Existing law requires CDSS to adopt regulations to govern THP program providers and are required to be age-appropriate and recognize that NMDs should be subject to fewer restrictions than those who are still minors. Statute enumerates the minimum requirements that the regulations should provide for. Currently, statute does not specify that siblings or co-parents are allowed to share a bedroom or unit in a THP placement and regulations state that THP participants of different sexes shall not share a bedroom unless: it is a minor parent sharing a bedroom with their child of a different sex, or a licensee is permitting a THP participant to share a bedroom consistent with their gender identity regardless of the gender or sex listed on the court or child welfare documents. This bill aligns statute with the regulations while also providing specificity regarding the right for participants to have priority in placements should they move from one THP program to another, and to reject the inclusion of a non-participant should they not want to share a room or unit with someone.

The most current regulations (Title 22 California Code of Regulations, Division 6, Chapter 7) governing THP programs were effective as of September 14, 2021, and according to Section 86187, state the following:

1. The licensee shall ensure the THPP participant living unit meets, at a minimum, the following requirements:
   1. No more than two THPP participants shall share a bedroom.
   2. THPP participants of different sexes shall not share a bedroom unless:
      1. A minor parent may share a bedroom with their child of a different sex.
      2. A licensee is permitting a THPP participant to share a bedroom consistent with their gender identity regardless of the gender or sex listed on the court or child welfare documents.
   3. No area commonly used for other purposes shall be used as a bedroom.
      1. Such areas include but are not limited to halls, stairways, unfinished attics or basements, garages, storage areas or sheds, or similar detached buildings.
   4. No bedroom shall be used as a public or general passageway to another room.
2. A THPP participant may share a bedroom with his or her own child(ren), regardless of the ages of the participant and his or her own child(ren).
   1. THPP participants shall not share a bedroom with an adult who is not a THPP participant unless the adult is a THP-Plus participant.
   2. The licensing agency may approve an exception when all of the following conditions are met:
      1. Two minor THPP participants have been sharing a bedroom and one of the participants turns 18 years of age;
      2. One of the participants otherwise meets all of the requirements of Welfare and Institutions Code Section 11403;
      3. Both are participants;
      4. The participants remain compatible.
   3. Subsections 86187(a)(1) through 86187(b)(4) apply to all bedrooms used by all persons residing in the THPP, including the participants in placement and their own children, and the THPP employees.
   4. THPP employees shall not share a bedroom with THPP participants.

In addition to updating statute to align with current regulations, this bill also requires all counties and program contracts to allow individual THP program participants to share bedrooms, bathrooms, and units together, regardless of gender identity. County program contracts are further required to allow providers and participants to make the best matches to allow for gender flexibility in the THP program.

According to the Author

"In California, with increasing awareness and acceptance of diverse gender identities, enforcing strict rules based solely on assigned gender may pose difficulties for gender non-conforming individuals, siblings who are not of the same gender, and co-parenting youth. To maximize the opportunity for foster youth to succeed, regardless of their gender identity, we need to ensure that foster youth who are aging out of the system are set up for success. [This bill], by emphasizing flexibility in gender identification for housing arrangements within Transitional Housing Placement (THP) Programs, helps aligns with evolving societal norms and ensures that transitional housing remains a space where all individuals, regardless of their gender identity, parental status, or family dynamic can access support while maintaining a sense of dignity and agency."

Arguments in Support

According to the sponsor of this bill, the Alliance for Child and Family Services, "Existing legislation protecting foster youth from discrimination may benefit from increased flexibility in gendered slots in THP programs by acknowledging the diverse ways individuals identify their gender. The California Foster Care Nondiscrimination Act, AB 458 (Chu), Chapter 331, Statutes of 2003, ensures that all foster young adults and caregivers have equal access to child welfare services without discrimination based on sexual orientation or gender identity. It prohibits any form of harassment or bias against foster young adults, caregivers, and service providers on these grounds. The law mandates that county child welfare departments, group home facilities, and foster family agencies must provide care and services without discriminating based on actual or perceived sexual orientation or gender identity.

Embracing a case-by-case approach, particularly in situations involving family support, allows for participant-agreed exceptions, fostering an environment that is considerate of individual needs and identities. This approach aligns with evolving societal norms and ensures that transitional housing remains a space where all individuals, regardless of their gender identity, parental status, or family dynamic can access support while maintaining a sense of dignity and agency."

Arguments in Opposition

No opposition on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee on April 22, 2024:

1. Minor and absorbable costs to CDSS to update regulations.
2. Negligible costs to counties.

VOTES

ASM HUMAN SERVICES: 5-1-1

YES: Lee, Calderon, Gipson, Jackson, Ortega

NO: Essayli

ABS, ABST OR NV: Mathis

ASM APPROPRIATIONS: 11-4-0

YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua

NO: Sanchez, Dixon, Jim Patterson, Ta

UPDATED

VERSION: April 2, 2024

CONSULTANT: Jessica Langtry / HUM. S. / (916) 319-2089 FN: 0002795

Date of Hearing: April 24, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2802

Author:(Maienschein) – As Amended Ver:April 2, 2024

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill updates the minimum statutory requirements for regulations governing Transitional Housing Placement (THP) providers to allow participants to share units and bedrooms with siblings and co-parents regardless of gender identity. The bill also requires counties, when operating a THP program, to allow providers and participants to make best matches to allow for gender flexibility.

Specifically, this bill:

1. Adds the THP participant’s co-parent and participant sibling, as well as a nonparticipant sibling or co-parent, as approved by the provider on a case-by-case basis, to the list of persons a nonminor dependent (NMD) THP participant is allowed to share a bedroom or unit with in a THP program.
2. Adds the THP participant’s co-parent and participant sibling, as well as a nonparticipant sibling or co-parent, as approved by the provider on a case-by-case basis, to the list of persons a minor THP participant is allowed to share a bedroom or unit with in a THP program.
3. Requires a THP provider to give priority to THP participants and to allow a current program participant residing within a unit to reject inclusion of a nonparticipant into their existing unit.
4. Requires all counties and program contracts to allow both minor and NMD individual program participants to share bedrooms, bathrooms, and units together, regardless of gender identity.
5. Requires county program contracts to allow providers and participants to make best matches to allow for gender flexibility.

FISCAL EFFECT:

1. Minor and absorbable costs to CDSS to update regulations.
2. Negligible costs to counties.

COMMENTS:

1. Purpose. According to the author:

In California, with increasing awareness and acceptance of diverse gender identities, enforcing strict rules based solely on assigned gender may pose difficulties for gender non-conforming individuals, siblings who are not of the same gender, and co-parenting youth. To maximize the opportunity for foster youth to succeed, regardless of their gender identity, we need to ensure that foster youth who are aging out of the system are set up for success. [This bill], by emphasizing flexibility in gender identification for housing arrangements within THP Programs, helps aligns with evolving societal norms and ensures that transitional housing remains a space where all individuals, regardless of their gender identity, parental status, or family dynamic can access support while maintaining a sense of dignity and agency.

1. Background. THP programs provide temporary housing along with robust social services tailored to prepare current and former foster youth participants for independent living. The THP program for minors is a type of foster care placement, licensed by CDSS, for youth between 16 and 18 years of age. The THP for Nonminor Dependents (THP-NMD) provides housing placement options for youth between 18 and 21 years of age in extended foster care. THP-Plus is a transitional housing program for young adults who exited foster care, including probation-supervised youth, on or after their 18th birthday. This program offers housing and supportive services for 36 cumulative months or until the age of 25, whichever comes first.

Existing law requires CDSS to adopt regulations governing THP providers and enumerates the minimum requirements the regulations should provide, including that the regulations be age-appropriate and specifically recognize that NMDs should have fewer restrictions than foster youth who are still minors. Existing law does not specify that siblings or co-parents are allowed to share a bedroom or unit in a THP placement. Regulations prohibit THP participants of different sexes from sharing a bedroom unless the participant is a minor parent sharing a bedroom with their child of a different sex, or a licensee is permitting a THP participant to share a bedroom consistent with their gender identity regardless of the gender or sex listed on the court or child welfare documents.

Advocates express concerns that these gender-based rules for sharing units inadvertently lead to exclusion and discrimination for LGBTQ+ youth, coparenting youth, and siblings who wish to live together, regardless of gender identity.

This bill clarifies that THP participants may live with a sibling or co-parent regardless of their gender identity and aligns statute with existing regulations. The bill also allows current program recipients to reject inclusion of a nonparticipant into their existing unit and specifies that THP providers must give placement priority to program participants.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 9, 2024

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Alex Lee, Chair

ABPCA Bill Id:AB 2802 (

Author:Maienschein) – As Amended Ver:April 2, 2024

SUBJECT: Transitional housing placement providers

SUMMARY: Requires counties, when operating the Transitional Housing Placement (THP) program, to allow providers and participants to make best matches to allow for gender flexibility. Updates the minimum requirements for regulations governing THP providers to allow participants to share units and bedrooms with siblings and co-parents regardless of gender identity. Specifically, this bill:

1. Adds to the persons a nonminor dependent (NMD) THP participant is allowed to share a bedroom or unit in a THP program with to include the following:
2. A nonparticipant sibling, or co-parent, as approved by the provider on a case-by-case basis, as specified by the California Department of Social Services (CDSS); and,
3. The participant’s co-parent, and participant sibling.
4. Adds to the persons a minor THP participant is allowed to share a bedroom or unit in a transitional housing placement to include the following:
5. A nonparticipant sibling, or co-parent, as approved by the provider on a case-by-case basis, as specified by CDSS.
   
6. The participant’s co-parent, and participant sibling;
7. Requires a provider to give priority to THP participants and allow a current program participant residing within a unit to reject inclusion of a nonparticipant into their existing unit.
8. Requires all counties and program contracts to allow both minor and NMD individual program participants to share bedrooms, bathrooms, and units together, regardless of gender identity.
9. Requires county program contracts to allow providers and participants to make best matches to allow for gender flexibility.
10. Permits CDSS to implement, interpret, or make specific the changes made by these provisions by means of all-county letters or similar instructions until regulations are adopted. Stipulates these all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations.

EXISTING LAW:

1. Requires, in order to be licensed as a THP provider and be eligible for payment of Aid to Families of Dependent Children-Foster Care (AFDC-FC) benefits, an applicant to obtain certification from the applicable county specifying whether the facility will serve foster youth at between the ages of 16 and 18 years of age, NMDs, or both, as follows:
2. A program serving foster children at least 16 years of age and not more than 18 years of age shall obtain a certification entitled “Transitional Housing Placement program for minor foster children.”
3. A program serving NMDs at least 18 years old and not more than 21 years old shall obtain a certification entitled a “Transitional Housing Placement program for nonminor dependents.” (Welfare and Institutions Code [WIC] §16522.1(a))
4. Requires the certification for the THP program for minor foster children to confirm that the program provides for all of the following:
5. Admission criteria for participants in the program, including, but not limited to, consideration of the participant’s age, previous placement history, delinquency history, history of drug or alcohol abuse, current strengths, level of education, mental health history, medical history, prospects for successful participation in the program, and work experience;
   
6. Requires CDSS to review the admission criteria to ensure that the criteria are sufficient to protect participants and that they do not discriminate on the basis of any characteristic listed or defined in existing law;
   
7. Strict employment criteria that include a consideration of the employee’s age, drug or alcohol history, and experience in working with persons in this age group;
   
8. A training program designed to educate employees who work directly with participants about the characteristics of persons in this age group placed in long-term care settings, and designed to ensure that these employees are able to adequately supervise and counsel participants and to provide them with training in independent living skills;
   
9. A detailed plan for monitoring the placement of persons under the licensee’s care;
   
10. A contract between the participant and the licensee that specifically sets out the requirements for each party, and in which the licensee and the participant agree to the requirements;
    
11. An allowance to be provided to each participant in the program; and in the case of a participant living independently, requires this allowance to be sufficient for the participant to purchase food and other necessities;
    
12. A system for payment for utilities, telephone, and rent; and,
    
13. Policies regarding all of the following: education requirements; work expectations; savings requirements; personal safety; visitors; emergencies; medical problems; disciplinary measures; childcare; pregnancy; curfew; housing unit cleanliness; use of utilities and telephone; budgeting; care of furnishings; decorating of housing units; cars; lending or borrowing money; unauthorized purchases; dating; grounds for termination that may include, but shall not be limited to, illegal activities or harboring runaways; and, the approval of any nonparticipant roommates. (WIC §16522.1(b))
14. States that no person in the State of California, on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation, shall be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. (Government Code § 11135)
    
15. Requires CDSS to adopt regulations to govern licensed THP providers and sets forth minimum provisions to be included. (Health and Safety Code § 1559.110 (g))

FISCAL EFFECT: Unknown, this bill has not been analyzed by a fiscal committee.

COMMENTS:

Background: Transitional Housing Placement Program: The THP program for minors is a type of foster care placement, licensed by CDSS, for youth between 16 and 18 years of age. CDSS states that the goal of this program is to help participants emancipate successfully by providing a safe environment for youth, while learning skills that can promote self-sufficiency.

Participants are allowed to live alone, with CDSS approval, or with roommates in apartments or single-family dwellings, where a staff member from the housing provider lives on-site to provide supervision and assistance. The THP program for minors also provides supportive services such as, educational guidance, employment counseling, and assistance reaching emancipation goals outlined in a participant’s Transitional Independent Living Plan (TILP), the emancipation readiness portion of a youth’s case plan.

California offers the Transitional Housing Placement for Nonminor Dependents (THP-NMD) program for youth in extended foster care between 18 and 21 years of age, which provides NMDs with a placement option that provides transitional housing and supportive housing. Under THP-NMD, placement settings can include: host families where a youth lives with an adult who is selected and approved by the THP provider; a single site where an NMD lives in an apartment, condominium, or a single family home rented or leased by the housing provider (one or more adult employees of the housing provider lives on site); or, a remote site placement where the NMD lives in a single housing unit, such as an apartment or single family home, that is rented or leased by the housing provider in order to enable the youth to live independently, but still receive regular supervision and case management services.

The THP-NMD, formerly known as THP+FC, was created by AB 12 (Beall), Chapter 559, Statutes of 2010, and provides housing placement options for NMDs in extended foster care. This placement option provides transitional housing and supportive services based on the youth’s TILP. CDSS states that the goal of this type of placement is to offer supportive services to assist NMDs in developing skills needed to transition to independent living, which may include assistance with meeting educational goals, obtaining employment, and learning financial management, relationship, and daily living skills.

There are several housing models under the THP-NMD program and providers are permitted to offer the following:

• Host family, where the NMD lives with an adult who has been approved by the THP provider
• Staffed site, where the NMD lives in an apartment, condominium, or single-family dwelling, rented or leased by the THP-NMD provider, in which one or more adult employees of the THP-NMD provider resides on site
• Remote site, where the NMD lives in a single housing unit rented or leased by the housing provider. The NMD is allowed to be a co-lessee on the lease. Although the NMD lives independently, they still receive regular supervision from the provider.

THP-Plus is a transitional housing program for young adults who exited foster care, including probation-supervised youth, on or after their 18th birthday. This program offers housing and supportive services for 36 cumulative months or until the age of 25, whichever comes first. The housing models and services offered are similar to those offered in other THP programs, but the rules of the program are designed to be age appropriate for young adults. CDSS states the goal of THP-plus is to provide a safe living environment, while helping participants develop the life skills needed to live independently. The NMD is asked to develop a TILP to assist in identifying and detailing the goals and objectives necessary to transition into adulthood.

There are several housing models under the THP-Plus program and providers are permitted to offer the following residential units:

• Apartments
  
• Single-family dwellings
  
• Condominiums
  
• College dormitories
  
• Host family models

As a result of the enactment Family First Prevention Services Act in 2018, the THP program no longer meets the Federal Title IV-E and state foster care definition for federal reimbursement. This means that if a county chooses to place a youth in this type of placement setting, the county is required to use only county funds to cover the rates/costs, which are set by each county.

This bill clarifies that THP participants can live with a sibling or co-parent regardless of their gender identity. While expanding the types of people permitted to be placed in a THP, the bill also allows current program recipients to reject inclusion of a nonparticipant into their existing unit, while specifying that program providers must give priority to program recipients when it comes to placements.

CDSS Regulations for the THP Program: Existing law requires CDSS to adopt regulations to govern THP program providers and are required to be age-appropriate and recognize that NMDs should be subject to fewer restrictions than those who are still minors. Statute enumerates the minimum requirements that the regulations should provide for. Currently, statute does not specify that siblings or co-parents are allowed to share a bedroom or unit in a THP placement and regulations state that THP participants of different sexes shall not share a bedroom unless: it is a minor parent sharing a bedroom with their child of a different sex, or a licensee is permitting a THP participant to share a bedroom consistent with their gender identity regardless of the gender or sex listed on the court or child welfare documents. This bill aligns statute with the regulations while also providing specificity regarding the right for participants to have priority in placements should they move from one THP program to another, and to reject the inclusion of a non-participant should they not want to share a room or unit with someone.

The most current regulations (Title 22 California Code of Regulations, Division 6, Chapter 7) governing THP programs were effective as of September 14, 2021, and according to § 86187, state the following:

(a) The licensee shall ensure the THPP participant living unit meets, at a minimum, the following requirements:

(1) No more than two THPP participants shall share a bedroom.

(2) THPP participants of different sexes shall not share a bedroom unless:

(A) A minor parent may share a bedroom with their child of a different sex.

(B) A licensee is permitting a THPP participant to share a bedroom consistent with their gender identity regardless of the gender or sex listed on the court or child welfare documents.

(3) No area commonly used for other purposes shall be used as a bedroom.

(A) Such areas include but are not limited to halls, stairways, unfinished attics or basements, garages, storage areas or sheds, or similar detached buildings.

(4) No bedroom shall be used as a public or general passageway to another room.

(b) A THPP participant may share a bedroom with his or her own child(ren), regardless of the ages of the participant and his or her own child(ren).

(1) THPP participants shall not share a bedroom with an adult who is not a THPP participant unless the adult is a THP-Plus participant.

(2) The licensing agency may approve an exception when all of the following conditions are met:

(A) Two minor THPP participants have been sharing a bedroom and one of the participants turns 18 years of age;

(B) One of the participants otherwise meets all of the requirements of Welfare and Institutions Code Section 11403;

(C) Both are participants;

(D) The participants remain compatible.

(3) Subsections 86187(a)(1) through 86187(b)(4) apply to all bedrooms used by all persons residing in the THPP, including the participants in placement and their own children, and the THPP employees.

(4) THPP employees shall not share a bedroom with THPP participants.

In addition to updating statute to align with current regulations, this bill also requires all counties and program contracts to allow individual THP program participants to share bedrooms, bathrooms, and units together, regardless of gender identity. County program contracts are further required to allow providers and participants to make the best matches to allow for gender flexibility in the THP program.

Author’s Statement: According to the Author, “In California, with increasing awareness and acceptance of diverse gender identities, enforcing strict rules based solely on assigned gender may pose difficulties for gender non-conforming individuals, siblings who are not of the same gender, and co-parenting youth. To maximize the opportunity for foster youth to succeed, regardless of their gender identity, we need to ensure that foster youth who are aging out of the system are set up for success. [This bill], by emphasizing flexibility in gender identification for housing arrangements within Transitional Housing Placement (THP) Programs, helps aligns with evolving societal norms and ensures that transitional housing remains a space where all individuals, regardless of their gender identity, parental status, or family dynamic can access support while maintaining a sense of dignity and agency.”

Equity Implications: According to a 2024 report entitled "Federal Data Demonstrates the Need for Safe, Supportive, and Specific Housing for Gender-Expansive People," between 2019 and 2023, the combined number of gender non-binary and gender-questioning people experiencing homelessness increased by at least 183%. Gender-expansive youth of color are twice as likely to experience homelessness compared with their white counterparts. THP programs are a vital part of California's strategy to tackle homelessness among foster youth, who are disproportionately part of the lesbian, gay, bisexual, transgender, queer and/or questioning, community. A critical component of these programs is the provision of housing along with robust social services tailored to prepare participants for independent living and coaching of necessary life skills for current and former foster youth as they transition to adulthood and independence. Advocates have raised concerns about current strict, binary gender-based rules for sharing units, which inadvertently lead to exclusion and discrimination. Some county vacancy lists and contracted slots, designate housing and program vacancies as "male" and "female" for THP programs. To remedy this, this bill seeks to require all counties to allow for gender identification flexibility in contracts and vacancies to allow for providers, counties, and individual program participants to jointly decide on best unit-sharing matches. A program contract requiring a participant to identify as the same gender as the person with whom the participant shares a unit or bathrooms, limits housing at a time when more flexibility and solutions are needed.

RELATED AND PRIOR LEGISLATION:

AB 1979 (Friedman), Chapter 141, Statutes of 2020, expanded the definition of a supervised independent living setting to include a transitional living setting that is approved by the county to support youth who are entering or re-entering care, or who are transitioning between placements. AB 1979 specified that the transitional housing could not include a youth homelessness prevention center, or an adult homeless shelter in order to ensure that the housing provided to youth is stable and not temporary.

AB 531 (Friedman) of 2019, would have allowed certain approved caregivers of youth in extended foster care to convert to a host family without additional certification, would have required counties to examine their ability to meet the emergency housing needs of NMDs, and would have allowed counties, upon appropriation, to request funds for the purpose of providing housing navigation services to youth. AB 531 was held on the Senate Appropriations Committee suspense file.

AB 612 (Mitchell), Chapter 731, Statutes of 2017, made a number of changes to the program rules and educational requirements for THP programs available to minors and NMDs in foster care.

AB 1712 (Beall), Chapter 846, Statutes of 2012, enabled a dependent youth to continue receiving foster care, Kinship Guardian Assistance Payments and other funding after 18 years of age, if they are NMDs, and added THP-NMD Foster Care to the list of programs licensed by CDSS.

AB 12 (Beall), Chapter 559, Statutes of 2010, the California Fostering Connections to Success Act, enabled youth aging out of foster care to opt into extended foster care between 18 and 21 years of age.

REGISTERED SUPPORT / OPPOSITION:

Support

California Alliance of Child and Family Services (Sponsor)

Aspiranet

Association of Community Human Service Agencies

California Alliance of Caregivers

Child Abuse Prevention Center

Children's Institute

Didi Hirsch Mental Health Services

Edgewood Center for Children and Families

Equality California

First Place for Youth

Lincoln Families

Redwood Community Services

Safe Place for Youth

Side by Side

Sycamores

Walden Family Services

Yolo Farm to Fork

Opposition

None on file.

Analysis Prepared by: Jessica Langtry / HUM. S. / (916) 319-2089