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Foster families of LGBTQ kids have new requirements in 2024

If they don't meet them, they may not be approved
SB 407 statement from the Department of Social Services
Posted
  • Emily Fischer dons a red lipstick and matching red jacket, the power color coordinating with their blush toned hair. They look forward and speak softer than they had for the previous questions- reflecting on their past into the microphone. "I don't know where I would've been if I came out when I was 13."

The Bakersfield Center for Gender Diversity and Sexuality says having parents that are supportive of your identity can decrease suicide rates by 93%.
That's where Senate Bill 407 comes in.

Making the vetting process for potential foster families of LGBTQ+ youth more complicated in the name of safety.

“I don’t know where I would’ve been if I came out when I was 13,” said Emily Fischer, Chair of the Board for the Center for Sexuality and Gender Diversity. 

Emily Fischer came out when they were in their 30s, and said it resulted in a strained relationship- one that would have been worse if it had happened when they still lived at home.

“The percentages of children in the foster system who are LGBTQ is up to 30% whereas in the general population it's only 10% and I was like well why is that? Unfortunately, a lot of times when parents find out that their kid is LGBTQ, they disown them,” said Fischer. 

Senate Bill 407, now made law in 2024, requires potential foster families for LGBTQ children to go through a more elaborate vetting process to ensure their level of support.

23ABC reached out to the Department of Social Services about what that looks like.

They told us that the foster family does not have to abandon their beliefs- but must provide a supportive environment.

As well as protecting the children's rights which include privacy of their sexuality and use of their preferred name and gender pronoun.

"(19) To be placed in out-of-home care according to their gender identity, regardless of the gender or sex listed in their court, child welfare, medical, or vital records, to be referred to by the child’s preferred name and gender pronoun, and to maintain privacy regarding sexual orientation and gender identity and expression, unless the child permits the information to be disclosed, or disclosure is required to protect their health and safety, or disclosure is compelled by law or a court order."

23ABC also asked if this limits the number of homes available to LGBTQ foster children, the D.S.S. said it is not intended to.

We asked the same question to Fischer and they said “There's already a vetting process. Trying to make sure that the caregivers are, that the situation is safe for like a lot of different ways and this is just another example of making sure that the situation is safe specifically for LGBTQ youth.”

If the foster family is approved, the D.S.S. said that check ups will happen periodically.

And if those families do not qualify as LGBTQ friendly, the Department said that there will be coaching available to them.

If the coaching does not make any changes, legal consultation is initiated to deny the fosters.

"When questions arise about their ability to do so, the agency should work with the family by providing additional training, coaching and/or other activities deemed necessary to help them meet the standards of being a RF... The county is required to initiate a legal consult as described in the Written Directives section 12-04 to determine if the issues identified by the county warrant a legal recommendation to move forward with a denial or termination of their approval as a RF,” said the Department of Social Services.

SB 407 covers the whole spectrum from sexualities, to gender identities, from Native American Two Spirit to those currently in transition.

If you would like to read the bill for yourself, head to this website.


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