National Center for Youth in Custody Access to Alternatives to Detention Options for High Needs Populations Alternatives to Detention Meeting Hosted by OJJDP and the EDC Tribal Juvenile Detention and Reentry TTA Center Wednesday, May 29, 2013

2 High Needs JJ Populations Many high needs populations within juvenile justice: -Youth with Co-Occurring Disorders -Youth of Color -Gang-Involved Youth Today we will discuss: -Girls -LGBTQI Youth

3 Girls in the JJ System Arrest Rates Nationwide Girls made up 29% of youth arrests in 2010 (337,450 compared to 816,646 boys) Fastest Growing Segment of JJ Population : Girls’ detention rose 98%, compared to 29% for boys Girls’ commitments to facilities rose 88%, compared to 23% for boys

4 Differences in Detention Girls are far more likely than boys to be detained for non-serious offenses 41 percent of girls’ detention in 2006 due to alleged technical probation violations and status offenses (vs. 25 percent of boys’ detention) Girls comprise less than 10 percent of arrests of juveniles for violent crime overall.

5 Overrepresentation of Native American Girls Native American Girls Are Overrepresented in the System Detained 9x as often for status offenses Committed over 5x as often for violent and status offenses. Detained in adult prisons 3x as often

6 Girls’ Pathways into the JJ System Girls may be low risk, but have extensive needs Past Trauma Injured/Raped; Witnessed Violence Health Issues Pregnancy Family Dysfunction Residential Instability Out of home placements Educational Deficits

7 Question for the Group Within tribal communities, what are the most pressing issues facing court-involved girls?

8 What Can Be Done? Detention & Alternatives Programs Should Be Gender-Responsive Comprehensive – weaving family, community, and systems together for girls; Safe – promoting healing from trauma caused by physical and psychological abuse; Empowering – addressing needs while encouraging leadership and the development of girls’ strengths; Community and Family Focused – Based in the community, fostering healthy family relationships and sustainable community connections; and Relational – supporting continuous, positive relationships for girls with older women, family, and community.

9 What Can Be Done? Develop Gender-Responsive Community- based Diversion and Prevention Programming Train Staff on Gender-Responsive Approaches

10 Question for the Group What resources exist within tribal communities to support court-involved girls?

11 Where to Learn More Resources Used for this Presentation: -Improving the Juvenile Justice System for Girls: Lessons from the States, Georgetown Center on Poverty, Inequality, and Public Policy (October 2012) -OJJDP Girls Study Group reports Available at

12 LGBTQI Youth Lesbian, Gay, Bi-sexual, Transgender, Questioning Intersex (LGBTQI) Youth Approx. 300,000 gay and transgender youth arrested and/or detained each year Represent 13-15% of youth in JJ system, compared to 5-7% of overall youth population * Data from Center for American Progress “The Unfair Criminalization of Gay and Transgender Youth” (June 2012)

13 Two-Spirit Youth Two-spirit is a contemporary term used to identify Native American lesbian, gay, bi-sexual, transgender individuals with traditional and cultural understandings of gender roles and identity. The term, which was created in 1990 at the 3 rd International Gay & Lesbian Gathering in Winnipeg, Canada, has different meanings in different communities, and it is not applicable to all tribes.

14 Conflict at Home LGBTQI youth are twice as likely to have experienced family conflict, child abuse, and homelessness as other youth. 26% report leaving home to escape conflict or abuse Represent up to 40% of the homeless youth population

15 Conflict at School LGBTQI youth experience problems at school: 84% report being verbally harassed 40% report being physically harassed 19% report being physically assaulted One third who reported bullying said school officials did nothing to address the issue

16 Conflict with the Law LGBTQI youth are disproportionately detained: More than 2x as likely to be detained in JJ facilities for running away from their home or placement 4x as likely to be detained for prostitution * Estimates from a 2009 survey of six JDAI jurisdictions

17 Question for the Group Within tribal communities, what are the most pressing issues for court-involved LGBTQI youth?

18 Disproportionate Detention Why are LGBTQI detained at disproportionate rates? Lack of family support Unwarranted concern for “safety” Considered “flight risks” due to past experiences of abuse, truancy, & substance abuse Bias (“unstable” or “acting out”) Lack of alternatives to detention

19 What Can Be Done? Promote approaches to keep families together, and to keep LGBTQI kids in school, rather than drive them to the streets – Family-focused evidence-based programs (e.g. MST, FFT) – Avoid school-to-prison pipeline (e.g., zero tolerance policies)

20 What Can Be Done? Increase alternatives to detention Electronic monitoring; Shelter care; Community supervision by youth advocates/elders; Daily/nightly reporting to community centers; Connections to LGBTQI support services Ensure competency & sensitivity within detention & alternatives LGBTQI staff training – Language matters (using preferred name & pronoun) – No tolerance for bullying/harassment Equitable policies & procedures – No automatic policies on isolation; sex offender unit assignment

21 Question for the Group What resources exist within tribal communities to support LGBTQI youth?

22 Where to Learn More Resources Used for this Presentation: -The Unfair Criminalization of Gay and Transgender Youth, Center for American Progress (June 2012) -Hidden Injustice: Lesbian, Gay, Bisexual, and Transgender Youth in Juvenile Courts, Majd, K. et al, (Fall 2009) Available at

23 Contact Information Michael Umpierre National Center for Youth in Custody Phone: Mark Seymour San Diego State University Student OJJDP Intern Phone: