Bill Text: CA SB731 | 2015-2016 | Regular Session | Chaptered
Bill Title: Foster children: housing: gender identity.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2015-10-11 - Chaptered by Secretary of State. Chapter 805, Statutes of 2015. [SB731 Detail]
Download: California-2015-SB731-Chaptered.html
BILL NUMBER: SB 731 CHAPTERED
BILL TEXT
CHAPTER 805
FILED WITH SECRETARY OF STATE OCTOBER 11, 2015
APPROVED BY GOVERNOR OCTOBER 11, 2015
PASSED THE SENATE SEPTEMBER 3, 2015
PASSED THE ASSEMBLY SEPTEMBER 2, 2015
AMENDED IN ASSEMBLY AUGUST 31, 2015
AMENDED IN ASSEMBLY AUGUST 19, 2015
INTRODUCED BY Senator Leno
(Coauthor: Senator Beall)
FEBRUARY 27, 2015
An act to add Section 1502.8 to the Health and Safety Code, and to
amend Section 16001.9 of, and to add Section 16006 to, the Welfare
and Institutions Code, relating to foster care.
LEGISLATIVE COUNSEL'S DIGEST
SB 731, Leno. Foster children: housing: gender identity.
Existing law provides that a minor may be adjudged a dependent
child of the juvenile court under specified circumstances. Existing
law authorizes the court to place a minor who has been removed from
the custody of his or her parent or guardian in foster care, among
other placements. Existing law extends certain foster care benefits
to youth up to 21 years of age, known as nonminor dependents if
specified conditions are met.
Under existing law, a county social worker develops a case plan
for a minor or nonminor dependent that, among other things,
identifies specific goals and the appropriateness of the planned
services in meeting those goals. Existing law requires, if
out-of-home placement is used to attain case plan goals, the case
plan to include a description of the type of home or institution in
which the child is to be placed, and the reasons for that placement
decision. Existing law also specifies certain factors that must be
considered in making a placement decision.
This bill would require children and nonminor dependents in an
out-of-home placement to be placed according to their gender
identity, regardless of the gender or sex listed in their court or
child welfare records. By expanding the duties of counties relating
to the placement of foster children and nonminor dependents, this
bill would impose a state-mandated local program.
Existing law provides that it is the policy of the state that all
minors and nonminors in foster care have specified rights, including,
among others, the right to have fair and equal access to all
available services, placement, care, treatment, and benefits, and to
not be subjected to discrimination or harassment on the basis of
actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
This bill would additionally specify that all minors and nonminors
in foster care have the right to be placed in out-of-home care
according to their gender identity, regardless of the gender or sex
listed in their court or child welfare records. The bill would
require the State Department of Social Services to adopt regulations
consistent with this provision.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1502.8 is added to the Health and Safety Code,
to read:
1502.8. The department shall adopt regulations consistent with
paragraph (24) of subdivision (a) of Section 16001.9 of the Welfare
and Institutions Code.
SEC. 2. Section 16001.9 of the Welfare and Institutions Code is
amended to read:
16001.9. (a) It is the policy of the state that all minors and
nonminors in foster care shall have the following rights:
(1) To live in a safe, healthy, and comfortable home where he or
she is treated with respect.
(2) To be free from physical, sexual, emotional, or other abuse,
or corporal punishment.
(3) To receive adequate and healthy food, adequate clothing, and,
for youth in group homes, an allowance.
(4) To receive medical, dental, vision, and mental health
services.
(5) To be free of the administration of medication or chemical
substances, unless authorized by a physician.
(6) To contact family members, unless prohibited by court order,
and social workers, attorneys, foster youth advocates and supporters,
Court Appointed Special Advocates (CASAs), and probation officers.
(7) To visit and contact brothers and sisters, unless prohibited
by court order.
(8) To contact the Community Care Licensing Division of the State
Department of Social Services or the State Foster Care Ombudsperson
regarding violations of rights, to speak to representatives of these
offices confidentially, and to be free from threats or punishment for
making complaints.
(9) To make and receive confidential telephone calls and send and
receive unopened mail, unless prohibited by court order.
(10) To attend religious services and activities of his or her
choice.
(11) To maintain an emancipation bank account and manage personal
income, consistent with the child's age and developmental level,
unless prohibited by the case plan.
(12) To not be locked in a room, building, or facility premises,
unless placed in a community treatment facility.
(13) To attend school and participate in extracurricular,
cultural, and personal enrichment activities, consistent with the
child's age and developmental level, with minimal disruptions to
school attendance and educational stability.
(14) To work and develop job skills at an age-appropriate level,
consistent with state law.
(15) To have social contacts with people outside of the foster
care system, including teachers, church members, mentors, and
friends.
(16) To attend Independent Living Program classes and activities
if he or she meets age requirements.
(17) To attend court hearings and speak to the judge.
(18) To have storage space for private use.
(19) To be involved in the development of his or her own case plan
and plan for permanent placement.
(20) To review his or her own case plan and plan for permanent
placement, if he or she is 12 years of age or older and in a
permanent placement, and to receive information about his or her
out-of-home placement and case plan, including being told of changes
to the plan.
(21) To be free from unreasonable searches of personal belongings.
(22) To the confidentiality of all juvenile court records
consistent with existing law.
(23) To have fair and equal access to all available services,
placement, care, treatment, and benefits, and to not be subjected to
discrimination or harassment on the basis of actual or perceived
race, ethnic group identification, ancestry, national origin, color,
religion, sex, sexual orientation, gender identity, mental or
physical disability, or HIV status.
(24) To be placed in out-of-home care according to their gender
identity, regardless of the gender or sex listed in their court or
child welfare records.
(25) To have caregivers and child welfare personnel who have
received instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.
(26) At 16 years of age or older, to have access to existing
information regarding the educational options available, including,
but not limited to, the coursework necessary for vocational and
postsecondary educational programs, and information regarding
financial aid for postsecondary education.
(27) To have access to age-appropriate, medically accurate
information about reproductive health care, the prevention of
unplanned pregnancy, and the prevention and treatment of sexually
transmitted infections at 12 years of age or older.
(b) Nothing in this section shall be interpreted to require a
foster care provider to take any action that would impair the health
and safety of children in out-of-home placement.
(c) The State Department of Social Services and each county
welfare department are encouraged to work with the Student Aid
Commission, the University of California, the California State
University, and the California Community Colleges to receive
information pursuant to paragraph (26) of subdivision (a).
SEC. 3. Section 16006 is added to the Welfare and Institutions
Code, to read:
16006. Children and nonminor dependents in out-of-home care shall
be placed according to their gender identity, regardless of the
gender or sex listed in their court or child welfare records.
SEC. 4. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
