California State Senator Scott Wiener has introduced Senate Bill 407 to protect LGBTQ+ youth in foster care. The bill is aimed at ensuring that the unique needs of LGBTQ+ youth are taken into consideration when assessing the fitness of potential foster parents. It seeks to make homes in which potential foster parents are not supportive of LGBTQ+ identities ineligible to foster. The proposed legislation specifies that LGBTQ+ foster youth have the right to be placed in out-of-home care according to their gender identity and the right to have caregivers that have received instruction on cultural competency and sensitivity regarding caring for LGBTQ+ youth.
At least three studies estimate that approximately thirty percent of youth in foster care identify as LGBTQ+. These kids have a right to be placed in homes that are supportive of their identity. The bill would ensure that LGBTQ+ acceptance is considered in the resource family approval (RFA) process, creating standard documentation for the assessment of LGBTQ+ youth needs and ensuring more frequent follow-up. The legislation is crucial as LGBTQ+ foster youth are at high risk for homelessness, criminal justice involvement, and mental health issues. It aims to ensure that they have a safe home in the state of California.
The Foster Youth Bill of Rights in California has included a child’s right to have their LGBTQ+ identity affirmed since 2019. However, those rights have not yet been applied to the placement process. LGBTQ+ foster youth experience violence and other stressors unique to the LGBTQ+ community, including homophobia or transphobia. This legislation will protect LGBTQ+ foster youth from being placed in non-affirming homes by creating standard guidelines and criteria that carefully screen potential families. These youths need a healthy environment that supports and embraces them as they explore their identity.
Tony Hoang, Executive Director of Equality California, a sponsor of the bill, said that “S.B. 407 protects LGBTQ+ foster youth from being placed in non-affirming homes by creating standard guidelines and criteria that carefully screens potential families. LGBTQ+ foster youth need a healthy environment that supports and embraces them as they explore their identity.” The Trevor Project found that teens with parental support for their gender identity were 93% less likely to attempt suicide. Therefore, this bill is crucial in ensuring that LGBTQ+ foster youth are placed in homes where they feel supported and affirmed.
