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.