"In the first edition of this guide, we aimed to reach out to correctional agencies in order to help them identify, address, and respond to abuse of LGBTI individuals through agency policies and procedures. We hoped to deepen the dialogue between staff and administrators as well as community leaders and criminal justice advocates about strategies to eliminate abuse of LGBTI individuals in custody. The second edition of this guide provides updated key information to correctional agencies about PREA’s impact on agency practice as it relates to LGBTI individuals in custody" (p. 1). This guide is made up of three chapters: introduction and overview—introduction, evolving terminology and definitions, core principles for understanding LGBTI individuals in custody, and emerging data on LGBTI individuals in custodial settings and the challenges they face; LGBTI youth under custodial supervision—the law, PREA standards, other governing principles (state human rights laws and professional codes of ethics), and elements of legally sound and effective policy and practice; and LGBTI adults under custodial supervision—the law, PREA standards, and elements of legally sound and effective policy and practice. Appendixes provide: glossary; case law digest; additional resources; webpages with sample policies; Issues to Watch: The Impact of Non-Custodial LGBTI Developments on Corrections; sample policies; and training matrices.
"In an effort to adopt policies and/or establish community relationships so that LGBTQ [lesbian, gay, bisexual, transgender, and questioning] youth and their families have access to supportive resources, some jurisdictions convened LGBTQ task forces or workgroups. The purpose of this practice guide is to provide instruction regarding how to establish a task force along with guidance on handling possible challenges to this work. This guide is directed toward the individual or group of individuals within a jurisdiction who are charged with convening and facilitating such a task force" (p. 1). Sections of this guide include: introduction; the role of the task force; intersecting identities; recruitment and retention; facilitating the task force; drafting a comprehensive policy; challenges within and outside of the task force; policy implementation; and conclusion. "Convening an LGBTQ task force in the juvenile justice system is, by no means, an easy endeavor. Collaborations are not perfect, but the ability of government systems, CBOs [community-based organizations], and community members to come together to create reform is worthwhile. The potential benefits for youth and families are numerous and oftentimes immeasurable" (p. 16).
“A prison or jail sentence should never include sexual assault. On May 17, 2012, the Department of Justice released the final federal regulations implementing the Prison Rape Elimination Act (PREA). These regulations apply to federal, state and local correctional facilities and lock-ups and include key protections for Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) individuals. Despite— or likely because of—the decade-long process leading up to the passage of the final regulations, much confusion remains about how PREA’s protections can be leveraged to protect LGBTI individuals from sexual assault. This four-part toolkit is designed for advocates both in and outside of correctional settings to use PREA’s requirements to end the abuse of LGBTI individuals. As federal, state and local agencies reassess their policies and practices to come into compliance with PREA, there will be key opportunities to make important policy changes that will impact all individuals in confinement settings.” (p. ii). Part One “Advocacy Guide”—sections addressing documenting violations, policy and legislative change, and key LGBTI issues to monitor in custodial settings. Part Two “Overview”—sections covering what PREA is, whether LGBTI individuals are particularly vulnerable in prison, jail and juvenile detention, whether the PREA regulations include protections for LGBTI individuals, and how facilities should protect LGBTI individuals from abuse. Part Three “Know Your Rights” sections explaining what PREA is, PREA regulations apply to all the prisons and jails, how PREA protects LGBTI individuals, and what one can do if the facility holding them is not following PREA. Part Four “Regulations” containing the full text of key LGBTI provisions.
"Are government institutions properly protecting and serving LGBT [lesbian, gay, bisexual, and transgender] people and people living with HIV? Lambda Legal conducted a national study of the experiences individuals have with police, courts, prisons and school security." Extensive findings are reported according to the following areas: Police—"Among respondents, 73% had face-to-face contact with the police within the past five years, and many felt discriminated against when dealing with police"; Courts—"Judges and attorneys have a responsibility to make sure everyone is treated fairly and respectfully in courts. The reality for LGBT people and people living with HIV too often falls short"; Jails and Prisons—"Correctional facilities should protect prisoners and respect their rights and dignity—but LGBT people and people living with HIV are at high risk of mistreatment"; and School Security, Policing, and Discipline—"LGBTQ [lesbian, gay, bisexual, transgender, queer and questioning] students, the actual victims of bullying and harassment, may be disproportionately targeted for severe security and disciplinary measures". There is also a function that allows you to check what laws are in specific states that apply to GLBT people and people living with HIV.
“More and more transgender parents are fighting to protect their relationships with their children in the face of custody challenges. Yet they face significant obstacles. Parents who have come out or transitioned after having a child with a spouse or partner have seen their gender transition raised as a basis to deny or restrict child custody or visitation. Transgender people who formed families after coming out or transitioning have faced challenges to their legal status as parents, often based on attacks on the validity of their marriages … The purpose of this guide is to provide information to transgender parents and their attorneys to help them protect parent-child relationships and assist them when faced with disputes over child custody issues” (p. 5). Sections of this report address: protecting against challenges to the parental fitness of transgender parents—overview of the case law, recommendations for parents prior to transitioning or coming out to their families, and advocacy suggestions for parents and their lawyers if faced with custody dispute; protecting against challenges to the legal parental status of transgender parents—the legal landscape, recommendations for parents to secure their status as legal parents, and advocacy suggestions for parents and their lawyers if faced with a challenge to legal parentage; and who to contact if facing a problem. Appendixes provide: an overview of case law regarding transgender parents; and sample expert testimony related to transgender issues.
"Claims of inadequate health care and safety afforded to transgender inmates have become the subject of litigation. This article reviews 129 unsolicited letters from transgender inmates writing … to identify their concerns. Among the letters reviewed were reports from 10 inmates who had filed lawsuits naming departments of correction (DOCs) as defendants, claiming inadequate access to transgender health care. Five of these lawsuits have gone to trial. In all of those cases, the defendant settled the matter or was found liable as of the time of this report. Claims of inadequate care for transgendered patients that have sufficient merit to be fully litigated in U.S. courts appear likely to produce verdicts in favor of plaintiff inmates. The information gleaned from reviewing letters from transgendered inmates may alert staffs of DOCs to concerns worth addressing proactively to avoid the costs associated with transgender-related lawsuits" (Author Abstract p. 334).
California is first in the nation to agree to pay for a transgender inmate’s sex reassignment operation, but the state’s settlement of a recent court case sidesteps the question of whether such surgery is a constitutional right.
The state concedes that Shiloh Quine, who entered the California prison system in 1980 as Rodney, suffers severe gender dysphoria that can be treated only by physically conforming her body to her psychological gender. (https://www.latimes.com/local/california/la-me-inmate-transgender-201508...)
Adolescent health care providers frequently care for patients who identify as lesbian, gay, bisexual, or transgendered (LGBT), or who may be struggling with or questioning their sexual orientation or gender identity. Whereas these youth have the same health concerns as their non-LGBT peers, LGBT teens may face additional challenges because of the complexity of the coming-out process, as well as societal discrimination and bias against sexual and gender minorities. The Society for Adolescent Health and Medicine encourages adolescent providers and researchers to incorporate the impact of these developmental processes (and understand the impacts of concurrent potential discrimination) when caring for LGBT adolescents. The Society for Adolescent Health and Medicine also encourages providers to help positively influence policy related to LGBT adolescents in schools, the foster care system, and the juvenile justice system, and within the family structure. Consistent with other medical organizations, the Society for Adolescent Health and Medicine rejects the mistaken notion that LGBT orientations are mental disorders, and opposes the use of any type of reparative therapy for LGBT adolescents.
The purpose of this paper is to report new national data on the over-representation of lesbian, gay, bisexual, questioning, gender nonconforming, and transgender youth in the juvenile justice system and to provide recommendations for key justice stakeholders on how to best serve these youths (p. 27). The report abbreviates lesbian, gay, bisexual, questioning, gender non-conforming and transgender as LGBTQ/GNCT.
"Lesbian, gay, bisexual, transgender, intersex (LGBTI) and gender non-conforming inmates represent particularly vulnerable populations with unique medical, safety, and other needs. Though some of the concerns and vulnerabilities faced by these populations are similar, transgender and gender non-conforming inmates are distinct from gay, lesbian, and bisexual inmates in important respects. Basic principles of risk-based classification should be applied with LGBTI populations, accounting for unique characteristics that may affect their risk of victimization. For transgender inmates, this includes making individualized decisions regarding gender placement (i.e., whether the inmate will be housed in a facility for females or for males). Reception staff must have clear guidelines allowing for the consistent identification of LGBTI inmates and collecting key information relevant to individualized risk assessment. Like other important characteristics, an inmate’s sexual orientation or transgender status will not always be immediately obvious at reception, but can typically be identified with relatively simple procedures" (p. 1). This 60-minute training session explains how to improve the correctional intake and classification process for LGBTI inmates. Contents of this zip file include: "Respectful Classification Practices with LGBTI Inmates: Trainer’s Manual" comprised of the following four lessons—Why LGBTI Responsive Intake and Classification Matters, LGBTI Terminology, Implementing Promising Intake and Classification Practices, and Moving Forward; 14 "Myth or Truth" flash cards; and presentation slides.