AMENDED IN SENIOR ASSEMBLY OCTOBER 30, 2012

SENIOR ASSEMBLY PROPOSAL NO. 19

INTRODUCED BY SENIOR ASSEMBLY MEMBER KROHN

LEGISLATIVE COUNSEL'S DIGEST

AP 19: ADULT RESIDENTIAL FACILITIES: TRAINING: LGBT ISSUES.

UNDER THE REGULATIONS ADOPTED PURSUANT TO THE EXISTING REQUIREMENTS FOR CERTIFICATION AS AN ADULT RESIDENTIAL FACILITIES ADMINISTRATOR, A PERSON IS REQUIRED TO TAKE 35 HOURS OF CLASSROOM TRAINING ON A UNIFORM CORE OF KNOWLEDGE CONTAINING NINE COMPONENTS REGARDING VARIOUS ISSUES BEFORE OBTAINING CERTIFICATION.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE THOSE REGULATIONS TO BE AMENDED TO PROVIDE FOR FIVE HOURS OF CLASSROOM TRAINING ON THE ADDITIONAL TOPIC OF CULTURAL COMPETENCY OR SENSITIVITY IN AGING LESBIAN, GAY, BISEXUAL, AND TRANSGENDER MINORITY ISSUES FOR ALL PERSONNEL IN ADULT RESIDENTIAL FACILITIES.

VOTE: MAJORITY.

AP 19: RELATING TO ADULT RESIDENTIAL FACILITIES

WHEREAS, IN SECTION 9103 OF THE WELFARE AND INSTITUTION CODE, THE LEGISLATURE DECLARES MANY LESBIAN, GAY, BISEXUAL, AND TRANSGENDER (LGBT) ELDERS ARE MEMBERS OF MULTIPLE UNDERREPRESENTED GROUPS, AND AS A RESULT, ARE DOUBLY MARGINALIZED AND NEED SPECIAL TREATMENT; AND

WHEREAS, RECENT STUDIES HAVE SHOWN THAT LIFELONG EXPERIENCES OF MARGINALIZATION PLACE LGBT ELDERS AT HIGH RISK OF ISOLATION, POVERTY, HOMELESSNESS, AND PREMATURE INSTITUTIONALIZATION; AND

WHEREAS, DUE TO THESE FACTORS, MANY LGBT ELDERS AVOID PROGRAMS AND SERVICES, EVEN WHEN THEIR HEALTH, SAFETY, AND SECURITY DEPEND ON IT; AND

WHEREAS, WHEN THESE DOUBLY MARGINALIZED LGBT ELDERS DO ENTER ADULT RESIDENTIAL FACILITIES, THEY OFTEN CONCEAL THEIR SEXUAL ORIENTATION FOR FEAR OF HARASSMENT, DISCRIMINATION, AND NEGLECT BY OTHER RESIDENTS OR STAFF; AND

WHEREAS, DENYING THEIR SEXUALITY PUTS LGBT ELDERS AT RISK OF HAVING UNMET MEDICAL AND PSYCHOLOGICAL NEEDS; AND

WHEREAS, SECTION 85090 OF TITLE 22 OF THE CALIFORNIA CODE OF REGULATIONS REQUIRES A PERSON TO TAKE A MINIMUM OF 35 CLASSROOM HOURS ON A UNIFORM CORE OF KNOWLEDGE CONTAINING NINE COMPONENTS BEFORE GAINING CERTIFICATION AS AN ADULT RESIDENTIAL FACILITIES ADMINISTRATOR; AND

WHEREAS, MANY ADULT RESIDENTIAL FACILITIES THAT SERVE LGBT ELDERS DO NOT CULTIVATE AN ATMOSPHERE OF WELCOME AND TOLERANCE, AND STAFF AND ADMINISTRATORS DO NOT HAVE THE TRAINING TO RECOGNIZE AND REMEDY MICROAGGRESSION FROM RESIDENTS OR FACILITY STAFF WORKERS; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2012 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE REQUIREMENTS FOR CERTIFICATION AS AN ADULT RESIDENTIAL FACILITIES ADMINISTRATOR IN ADULT RESIDENTIAL FACILITIES BE AMENDED TO REQUIRE TITLE 22 OF THE CALIFORNIA CODE OF REGULATIONS TO PROVIDE FOR FIVE HOURS OF CLASSROOM TRAINING ON THE ADDITIONAL TOPIC OF CULTURAL COMPETENCY OR SENSITIVITY IN AGING LGBT MINORITY ISSUES; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

- 0 -

RN 12 16420