Bill Text: CA AB2119 | 2017-2018 | Regular Session | Amended
Bill Title: Foster care: gender affirming health care and mental health care.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2018-09-14 - Chaptered by Secretary of State - Chapter 385, Statutes of 2018. [AB2119 Detail]
Download: California-2017-AB2119-Amended.html
Amended
IN
Senate
August 06, 2018 |
Amended
IN
Senate
June 18, 2018 |
Amended
IN
Assembly
April 04, 2018 |
Assembly Bill | No. 2119 |
Introduced by Assembly Member Gloria (Principal coauthor: Senator Wiener) |
February 08, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would additionally specify that all minors and nonminors in foster care have the right to have access to gender affirming health care and gender affirming behavioral health care. The bill would, upon the request of a child or nonminor dependent, or his or her caregiver, attorney, Court Appointed Special Advocate, or social worker, require the county child welfare agency to ensure that the child or nonminor dependent has access to gender affirming health
care and gender affirming behavioral health services, which are defined to mean health care or behavioral health services that respect the gender identity of the patient, as specified. The bill would require the State Department of Social Services to adopt regulations to implement these provisions on or before January 1, 2020. The bill would also include a statement of legislative findings and declarations.
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 a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature hereby finds and declares all of the following: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:(28)To have access to gender affirming health care and gender affirming behavioral health services, as defined in Section 16501.31.
(a)Upon the request of a child or nonminor dependent, or their caregiver, attorney, Court Appointed Special Advocate, or social worker, the county child welfare agency shall ensure that the child or nonminor dependent has access to gender affirming health care and gender affirming behavioral health services.
(b)(1)“Gender affirming health care” means health care that respects the gender identity of the patient, as experienced and defined by the patient, and may include, but is not limited to, all of the following:
(A)Interventions to suppress the development of endogenous secondary
sex characteristics.
(B)Interventions to align the patient’s appearance or physical body with the patient’s gender identity.
(C)Interventions to alleviate symptoms of clinically significant distress resulting from gender dysphoria, as defined in the Diagnostic and Statistical Manual of Mental Disorders, 5th Edition.
(2)“Gender affirming behavioral health services” means behavioral health services that respect the gender identity of the patient, as experienced and defined by the patient, and may include, but is not limited to, developmentally appropriate exploration and integration of identity, reduction of distress, adaptive coping, and strategies to increase family acceptance.
(c)Gender affirming health care and gender affirming behavioral health services provided pursuant to this section are subject to existing laws governing consent to health care.
This section does not limit, add, or otherwise affect, applicable law on consent to health care.
(d)The department shall adopt regulations to implement this section on or before January 1, 2020.
To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.