1. ABA Section of Litigation LGBT Forum
Moving From Victimization to Support for LGBTQ+ Youth: Conditions in Foster Care, Juvenile Justice, and Homeless Service Systems
ABA Section of Litigation LGBT Forum
May 2017

2. Concepts & Terminology

3. Dimensions of Identity
Pre-Training Webinar
Dimensions of Identity
4/15/2018
Source: Allegheny County Department of Human Services (2015)
ACAF Agency Training Series

4. L G B T Q I A
2-S
9: :15

5. is a person’s emotional, romantic, and/or sexual attraction to others.
Sexual Orientation
is a person’s emotional, romantic, and/or sexual attraction to others.
Everyone has a sexual orientation.

6. Gender Identity Everyone has a gender identity.
is a person’s inner sense of being male, female, or something else, and is a defining component of sex.  Gender identity is not necessarily the same as assigned or presumed sex at birth. 
Everyone has a gender identity.

7. Gender Expression Everyone expresses their gender.
refers to the way a person expresses gender dress, grooming habits, mannerisms and other characteristics.
Everyone expresses their gender.

8. The Trans* Umbrella Agender Cross-dresser Third Gender Two-Spirit
Gender Queer
Transgender
Gender Fluid
Transwoman
Gender Non-Conforming
Transman
Transsexual
Non-Binary
MTF
FTM
They, Them
MAAB
FAAB
Ze, Hir
She, Her
Xe, Xem
He, Him

9. Research & Data

10. LGBTQ Youth – Vicious Cycle
Rejection & Neglect at Home
Unsafe Schools
Additional Factors
Youth Experiencing Homelessness
Juvenile Justice System
Foster Care

11. What are the numbers in foster care?
5.6%
13.4%
19.1%
TRANSGENDER
LGBTQ
LGBQ
The Williams Institute 2013
Sexual & Gender Minority Youth
L.A. County Foster Care

12. Way Too Many Pipelines
while

13. Child Welfare to Homelessness Pipeline – V. LGBTQ
Reunification
Adoption
Guardianship
Family
Kinship
Care
APPLA
LGBTQI youth are at an increased risk of being involved with these systems in large part due to family rejection. There will always be LGBTQI youth in these systems even if youth were no-longer rejected by their parents. Some LGBTQ youth will likely always be a part of these systems because of poverty, mistreatment or victimization beyond their control, delinquent activity unrelated to their LGBTQI identity, etc.
Make sure to mention that while the dominant narrative about trafficked or commercially sexually exploited youth is that they are heterosexual, non-transgender girls, existing data and anecdotal information indicates LGBTQ youth are over-represented in this population as well and are at increased risk because of high rates of homelessness and involvement in foster care. Unfortunately, trans youth and trans youth of color are particular vulnerable due to high rates of rejection and workplace discrimination leading to homelessness and survival crimes as the only way to obtain shelter or food. X
family acceptance services
family finding
Foster
Care X
affirming homes
Congregate
Care X
affirming
placements
Shelter
X safety

14. 40%

15. Challenges for LGBTQ Youth

16. Challenges in Care for LGBTQ Youth
Isolation
Victimization
Differential Treatment
Disclosure Dilemmas
Confidentiality Violations
Lack of Family-Centered Services
Lack of Cultural Competence Among Providers
Fears Related to Disclosure
However, many youth keep that information about themselves hidden and have fears around disclosure.
They are, of course, in various stages of awareness and comfort with their sexual orientation and gender identity, and may have many unresolved issues themselves.
Cultural norms may prevent a youth from disclosing, as well as negative messages they have received from the larger culture.
Young people are also afraid that their sexual orientation or gender identity will become the filter through which their behavior is interpreted, regardless of what their behavior is. Too much importance may be given to their SO/GI.
Existing research has found, over and over again, that service systems and residential programs do not appropriately serve GLBT youths.
Differential Treatment
They may not be allowed to share a room with another youth.
Different standards may be applied to them around dating and pursuing romantic relationships.
They suffer disapproval and rejection from caseworkers, foster parents, residential program staff, and their peers in foster care.

17. Law & Policy

18. Federal Law & Policy Constitution
Child welfare, Juvenile Justice, RHY statutes
Regulations
2011 Information Memorandum & other info
Fears Related to Disclosure
However, many youth keep that information about themselves hidden and have fears around disclosure.
They are, of course, in various stages of awareness and comfort with their sexual orientation and gender identity, and may have many unresolved issues themselves.
Cultural norms may prevent a youth from disclosing, as well as negative messages they have received from the larger culture.
Young people are also afraid that their sexual orientation or gender identity will become the filter through which their behavior is interpreted, regardless of what their behavior is. Too much importance may be given to their SO/GI.
Existing research has found, over and over again, that service systems and residential programs do not appropriately serve GLBT youths.
Differential Treatment
They may not be allowed to share a room with another youth.
Different standards may be applied to them around dating and pursuing romantic relationships.
They suffer disapproval and rejection from caseworkers, foster parents, residential program staff, and their peers in foster care.

19. State Law & Policy Patchwork of specific protection state to state
California & New York rank highest across three systems
Alaska and North Carolina the lowest
Public accommodations & human rights law/ordinances may apply
Fears Related to Disclosure
However, many youth keep that information about themselves hidden and have fears around disclosure.
They are, of course, in various stages of awareness and comfort with their sexual orientation and gender identity, and may have many unresolved issues themselves.
Cultural norms may prevent a youth from disclosing, as well as negative messages they have received from the larger culture.
Young people are also afraid that their sexual orientation or gender identity will become the filter through which their behavior is interpreted, regardless of what their behavior is. Too much importance may be given to their SO/GI.
Existing research has found, over and over again, that service systems and residential programs do not appropriately serve GLBT youths.
Differential Treatment
They may not be allowed to share a room with another youth.
Different standards may be applied to them around dating and pursuing romantic relationships.
They suffer disapproval and rejection from caseworkers, foster parents, residential program staff, and their peers in foster care.

20. SOGIE Foster Care Nondiscrimination Protection for Youth by State & Territory

21. Professional Standards & Recommended Practices

22. Ethical Responsibilities
A Judge Shall Perform the Duties of Judicial Office Impartially and Diligently
A judge shall perform judicial duties without bias or prejudice. A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, including but not limited to bias or prejudice based on race, sex,…sexual orientation or socioeconomic status, and shall not permit staff, court officials and others subject to the judge’s direction and control to do so.
It is professional misconduct for a lawyer to: “engage in conduct that is prejudicial to the administration of justice.”
Lawyers and judges may think and believe what they want, but those thoughts may not impact the treatment clients and litigants receive.

23. Ethical Responsibilities
National CASA:
We acknowledge the need to understand, respect and celebrate diversity in race, gender, religion, national origin, ethnicity, sexual orientation ... Embracing inclusiveness makes us better advocates … enabling us to respond to each child’s unique needs.
National Association of Social Workers (NASW) Code of Ethics:
Social workers should obtain education about and seek to understand the nature of social diversity and oppression with respect to race, ethnicity, national origin, color, sex, sexual orientation, gender identity or expression, age, marital status, political belief, religion, immigration status, and mental or physical disability

24. Recommended Practices
SOGIE-inclusive policies, including LGBTQ-specific policy
Mandatory training – staff, foster parents, providers
Data collection
Confidentiality protocol
Family support
Accepting placement array
Affirming providers – medical, behavioral health, independent living
Working relationships with LGBTQ community
Youth engagement
CWLA Recommended Practices

25. Transgender Youth Transition – each youth unique Name and pronouns
Free expression – clothing, grooming
Placement in accord with identity in consultation with youth
Court and other documents
Qualified medical and behavioral health providers
Identity documents
School, employment, community, mentors, peer to peer suppport