California Governor Gavin Newsom signed SB 407 into law on Saturday, amending the state’s foster care vetting process to ensure LGBTQ+ children are placed in “affirming” foster homes.
SB 407 directs California’s Department of Social Services to amend the process by which foster parents are vetted and require applicants “to demonstrate an ability and willingness to meet the needs of a child, regardless of the child’s sexual orientation, gender identity, or gender expression, as specified.”
The law also requires local counties to develop caregiver training that “supports children of all races, ethnic group identifications, ancestries, national origins, colors, religions, sexes, sexual orientations, gender identities, mental or physical disabilities, or HIV statuses in foster care.”
SB 407 claims that LGBTQ+ children are “overrepresented” in foster care throughout California. The bill declares that youth “have a right” to be placed in a home according to “their gender identity” and have the right to access caregivers who have received “cultural competency and sensitivity [training] relating to sexual orientation, gender identity and expression, and best practices for providing adequate care to lesbian, gay, bisexual, and transgender children in out-of-home care.”
State Senator Scott Wiener, who proposed the bill, applauded the governor for passing it into law, stating, “LGBTQ+ youth deserve a supportive and affirming home the same as any other child,” in a statement released Saturday.
The legislation sources progressive organization, the Trevor Project, when referring to the likelihood that children in non-affirming households will commit suicide. “LGBTQ foster youth are currently being placed in non-affirming families that have been approved by counties and the state, causing additional harm and trauma,” the text reads. “According to the Trevor Project, teens who perceived parental support regarding gender identity were 93 percent less likely to attempt suicide than youth who did not perceive parents as supportive.” Senator Wiener estimated that more than 30% of children in foster care identify as LGBTQ.
This law mirrors similar policies adopted in Oregon, requiring caregivers to “support” and “accept” a foster child’s gender identity or sexual orientation. One Christian mother sued the state after her application to foster was denied. In her lawsuit, she notes that the state’s Department of Human Services (DHS) openly discriminates against traditional or religious foster parents.
Similarly, a law in Washington State allows shelters and host homes to refrain from notifying the parents of runaway children if the child is “seeking placement in a host home to receive protected health care services,” such as sex change procedures or an abortion.
Just before signing SB 407, Governor Newsom vetoed a bill on Friday that would have required California judges to determine whether or not a parent would be willing to “affirm” a child’s gender identity or sexual orientation when determining custody disputes.
