1. LGBTQI Youth in Juvenile Justice Settings: Closing the Gap between Recommended Practice and Reality Transgender and Gender-Expansive Youth in Juvenile Justice Settings: Closing the Gap between Recommended Practice and Reality
Transgender and Gender-Expansive Youth in Juvenile Justice Settings: Closing the Gap between Recommended Practice and Reality
Currey Cook, Esq.
Youth in Out-of-Home Care Project Director
Lambda Legal
National Juvenile Justice Network Forum
July 2018

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

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

4. Child Welfare to Homelessness Pipeline – V. LGBTQ
Reunification
Adoption
Family
Guardianship
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

5. 40%

6. Way Too Many Pipelines
while

7. What are the numbers in juvenile justice?
Source: Angela Irvine and Aisha Canfield, “LGBQ/GNCT Youth in the U.S. Justice System,” Impact Justice, 2016.

8. Surviving the Streets: Experiences of LGBTQ Youth, YMSM, YWSW Engaged in Survival Sex
Meredith Dank, PhD Mitchyll Mora
Justice Policy Center Streetwise and Safe
Urban Institute

9. Living Situation

10. Arrest Charges

11. Professional Standards & Legal Obligations

12. Professional Standards
Child Welfare League of America
American Psychological Association
American Medical Association
American Academy of Child and Adolescent Psychiatry
World Professional Association for Transgender Health (WPATH)
National Commission on Correctional Health Care
Federal Advisory Committee on Juvenile Justice
Office of Juvenile Justice and Delinquency Prevention

13. American Academy of Child and Adolescent Psychiatry
Position Statement on Transgender Youth in Juvenile Justice and other Correctional Settings
No discrimination based on gender identity
House all youth consistent with their identity, as they define it
Provide youth with psychiatric and medical care consistent with national standards

14. Federal Advisory Committee on Juvenile Justice
Recommendations of the LGBTQ Subcommittee
SOGIE inclusive nondiscrimination policy
Affirmation of identity
Access to qualified providers
Facilitate family and community support
Training for staff
Data collection

15. Legal Obligations
U.S. Constitution
Federal Law
State Law

16. U.S. Constitution Due process Equal protection Free expression
Free exercise of religion
Prohibition on cruel and unusual punishment

17. Federal Law Juvenile Justice and Delinquency Prevention Act
Omnibus Crime Control Act
PREA
Title IX of Civil Rights Act of 1964
Affordable Care Act

18. Quotes from Case Law
“By definition, a transgender individual does not conform to the sex‐based stereotypes of the sex that he or she was as‐ signed at birth.”
Ash v. Whitaker, 7th Circuit Court of Appeals, Title IX
Failure of the facility to maintain: “(1) policies and training necessary to protect LGBT youth; (2) adequate staffing and supervision; (3) a functioning grievance system; and (4) a classification system to protect vulnerable youth.”
R.G. v. Koller, U.S. District Court Hawaii, Due Process
The policy directly interferes with Plaintiffs’ ability to define and express their gender identity, and penalizes Plaintiffs for exercising their fundamental right to do so openly by depriving them ofemployment and career opportunities.
Karnoski v. Trump, U.S. District Court, Washington State, Due Process

19. State Law State constitution Juvenile justice code
Public accomodations law
Local ordinance

20. State Law - Regulations
Definitions of sex (or gender)
Admission procedures and facility licensing
Sleeping arrangements
Clothing
Supervision
Body searches
Training requirements

21. National Landscape – JJ Law & Policy

22. Juvenile Justice Map

23. Explicit SOGI Nondiscrimination State-to-State
18 states & DC with JJ LGBTQ-specific policy
8 additional states SO & GI in law or policy
3 states SO & sex, 9 states sex only
4 states with no explicit protections (AK, NC, OK)
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.

24. LGBTQ-Specific JJ State Policy
SOGIE-inclusive nondiscrimination policy
Terms and definitions
Ban “conversion therapy” and disparagement, require use of respectful language
Intake, classification, housing
Competent medical and mental health 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.

25. LGBTQ-Specific JJ State Policy
Trans youth – placement, name/pronouns, clothing/hygiene, searches, medical
Youth education and grievance process
Confidentiality
Training requirement
Information, family support, and community support
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.

26. Overview Federal Law & Policy State Law & Policy
State-based regs using sex (or gender)
Tips from providers
Tips from youth

27. Currey Cook ccook@lambdalegal.org 212.809.8585 x241
Contact Information
Currey Cook x241