Gender Affirming Placement of Children and Youth in California Foster Care Gender Spectrum Professional Symposium July 8, 2016

Objectives To understand Gender identity and expression TGNC children in foster care Gender affirming services

Needs of TGNC children Risks associated with stigma and rejection Same inherent capacity for health, happiness, and success Adults play a critical role Importance of gender affirming policies and practices

TGNC children in foster care Overrepresented Same risks as peers and additional challenges Systemic failures Systemic successes

SOGIE Basics Sex Assigned at Birth Anatomy, chromosomes, hormones Male Intersex Female Gender Identity Psychological sense of self Male bi-gendered/two-spirit/3rd gender Female Gender Expression Communication of gender Masculine Androgynous Feminine Sexual Orientation Romantic, erotic response Attracted to women bisexual/pansexual/asexual Attracted to men

Ellen Degeneres and Portia DeRossi

“Let us not forget that this great nation was founded by a bunch of men wearing wigs.” RuPaul: gay drag queen

Chaz Bono First identified as a lesbian, now straight trans man

Gender identity development Innate or fixed at early age: 18 mos – 3 yrs Not subject to voluntary control Gender nonconforming behavior Transgender identity Gender dysphoria

Assessing needs of TGNC children Affirm the child’s gender as it is expressed and experienced by the child Consult with adults who know the child If necessary, consult with gender specialist

Foster Care Nondiscrimination Act AB 458 Nondiscrimination policy Training Gender inclusive practices Prohibit attempts to “convert” TGNC children Ensure safety and respect autonomy

Competent health care Individualized approach that permits TGNC children to explore and develop GI in at atmosphere of support and acceptance Social workers are not responsible for determining appropriate treatment protocols appr

Conversion therapy Includes formal therapy and informal “counseling” AB 1172: applies to licensed therapists Intervene to protect children from efforts to change their gender identity or expression Court order if necessary

SB 731 Gives foster children in CA the right to placements that are consistent with their gender identity Sex segregated facilities or units Room sharing

Placement AB 403– The Continuum of Care Reform Priority placements with family and extended family, new approval process Child and family teams for every child –advocate for SOGIE knowledge on every team Assessment driven process Training required for all staff and caregivers Limits use of group homes/res. tx, Youth in lower levels of group care will be moved—where will the LGBT kiddos go? Opportunity to work with families to minimize rejection and maximize acceptance

TGNC children at school SB 777 (prohibits discrimination) AB 1266 (access to sex segregated programs and facilities consistent with GI) Ensure safety Ensure gender affirming school climate

Privacy GI information is private Do not “out” TGNC children Balance pros and cons of disclosure Obtain child’s consent Prioritize child’s welfare and autonomy Third parties not entitled to information

Practice issues Challenges: perceived and real---don’t assume the worst— assume the best! When actually asked, many caregivers are welcoming and willing to become affirming Partner with the collateral folks—CASA’s and attorneys Overcoming resistance—Don’t get stuck! figure it out—it is social work Setting expectations—expect that ALL youth will be affirmed and supported and cared for Be REAL with the youth—ask them what they want, where they are most comfortable; for GNC and non-binary kiddos seek non-gendered placements and let the youth have voice and choice

National Center for Lesbian Rights Presenters Jill Jacobs Executive Director Family Builders jjacobs@familybuilders.org Shannan Wilber Youth Policy Director National Center for Lesbian Rights swilber@nclrights.org