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The legal rights of LGBT (lesbian, gay, bisexual, and transgender) youth are discussed through the use of scenarios that show professionals in child welfare and juvenile justice what they may experience working with this population. This paper is divided into four parts: the Constitutional right to safety-- in foster care and juvenile detention and correctional facilities; other constitutional rights—the right to equal protection, and First Amendment rights; state non-discrimination laws; and conclusion. “Agencies and facilities that provide care to youth in state custody must educate themselves on the needs of LGBT youth and the scope of their civil rights” (p. 11).

The Legal Rights of Young People in State Custody: What Child Welfare and Juvenile Justice Professionals Need to Know When Working with LGBT Youth Cover

This study surveyed youth in seven juvenile detention facilities. Results show that lesbian, gay, bisexual, questioning (LGBQ) or gender nonconforming and transgender (GNCT) youth in the juvenile justice system are at least three times more likely to have been removed from their home than straight and gender conforming youth and at least five times more likely to be placed in a group or foster home compared with straight and gender conforming youth (p. 245).

This is a glossary of some of the more common terms that are used when discussing transgender identities and experiences. Dentitions and preferred terms will vary by location and group.

This bill would require the Department of Corrections and Rehabilitation to, during initial intake and classification, and in a private setting, ask each individual entering into the custody of the department to specify the individual’s gender identity whether the individual identifies as transgender, nonbinary, or intersex, and their gender pronoun and honorific. The bill would prohibit the department from disciplining a person for refusing to answer or not disclosing complete information in response to these questions. The bill would authorize a person under the jurisdiction of the department to update this information. The bill would prohibit staff, contractors, and volunteers of the department from failing to consistently use the gender pronoun and honorific an individual has specified in verbal and written communications with or regarding that individual that involve the use of a pronoun or honorific.

The bill would require the department, for a person who is transgender, nonbinary, or intersex to only conduct a search of that person according to the search policy for their gender identity or according to the gender designation of the facility where they are housed, based on the individual’s search preference. The bill would additionally require the department to house the person in a correctional facility designated for men or women based on the individual’s preference, except as specified.

"Founded in 1998 by the creators of the Academy Award®-winning short film TREVOR, The Trevor Project is the leading national organization providing crisis intervention and suicide prevention services to lesbian, gay, bisexual, transgender and questioning (LGBTQ) young people ages 13-24."

This is an excellent resource to use as a template for creating a policy within your agency regarding support for transgender and other gender non-conforming staff, and in particular the transitioning of transgender personnel. This policy "outlines the Department of the Interior (Department) policy regarding support for transgender and other gender non-conforming employees" (p. 1). Procedures explain: responsibilities of the various agency departments and staff; transition plan; restroom, locker room, and other DOI owned/leased public facilities; uniforms and dress codes; and departmental point-of-contact. An appendix provides transition plan guidance; applicability; advance preparation; the day of the announcement; and the first day of full-time workplace gender transition.

Transgender and Other Gender Non-Conforming Employee Policy Cover

Transgender Law Center changes law, policy, and attitudes so that all people can live safely, authentically, and free from discrimination regardless of their gender identity or expression.

Transgender Law Center (TLC) is the largest national trans-led organization advocating for a world in which all people are free to define themselves and their futures. Grounded in legal expertise and committed to racial justice, TLC employs a variety of community-driven strategies to keep transgender and gender nonconforming people alive, thriving, and fighting for liberation.

"Transgender people face an array of risks to their health and well-being during incarceration, and are often targets of physical assault and emotional abuse. They are commonly placed in correctional facilities according to their genitals and/or sex assigned at birth, regardless of their gender presentation. The health risks of overlooking the particular needs of transgender inmates are so severe that acknowledgment of the problem and policies that assure appropriate and responsible provision of health care are needed … Because jails, prisons, and juvenile confinement facilities have a responsibility to ensure the physical and mental health and well-being of inmates in their custody, correctional health staff should manage transgender patients in a manner that respects their biomedical and psychological needs." Twenty-five principles are provided to help correctional health professionals assure that the needs of transgender offenders are met. These principles are organized into the following sections—health management, patient safety, and discharge planning.

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Anyone who will enthusiastically nurture, support, respect and validate a trans, gender variant or gender questioning youth’s inherent right to self-identify and self-express, regardless of their age or where on the gender continuum that expression may fall, or more importantly, may lead.

Allies are from all walks of life, they are: Parents, Family, Extended Family, Friends, Teachers, Physicians, Therapists, Lawyers, Judges, Clergy, Administrators, TransYouth, Adult Survivors of Childhood GID, LGBT-friendly organizations and Gay/Straight Alliances in schools, Sympathetic Media, Elected Officials, etc.

A TransYouth Family Ally (TYFA) is any person or organization who is supportive of trans, gender variant and gender questioning children and their families and can uphold the mission of TYFA. An ally is someone upon whom the organization can depend to be a consistent witness, expert or other professional representative who will not only endorse the message and mission of TYFA, but will do so unequivocally.

“Tribal laws reflect our values as a people, define our collective barriers, prioritize our issues, allocate public resources, and identify eligibility for conferred status and public benefits and services. This Toolkit identifies areas in which existing tribal laws may discriminate against Two Spirit /LGBT individuals. The Toolkit also gives tribal legislators a brief overview of legal and policy issues that impact the equal treatment of Two Spirit/LGBT community members, and offers sample resolution and code language for tribal lawmakers to consider adopting to maximize equality within their communities. The purpose of this Toolkit is to protect the most vulnerable among us by facilitating the development of tribal laws that ensure that Two Spirit/LGBT people have the same access and opportunities as other community members. By making simple adjustments to laws and policies— such as creating an inclusive definition of family, or extending criminal laws to address hate crimes based on sexual orientation and gender identity—tribal governments can exercise their sovereignty to better protect all of their tribal citizens” (p. 9). This toolkit is comprised of ten chapters: introduction about the toolkit; family—marriage, domestic partnerships and civil unions, and children (adoption, child custody and visitation for Two Spirit/LGBT parents, and child welfare); employment; housing, real property transactions, public accommodations, and public services; education; health care and end of life; bias-motivated (hate) crimes—criminal offenses with bias motive, prohibiting specific actions, enhanced penalties, and bias-motivated crime reporting and training; jury service; law enforcement and corrections—police conduct, prison/jail conditions, and a sample “Equality Protocol for Law Enforcement and Corrections”; and identity documents and name changes.

Tribal Equity Toolkit 2.0: Tribal Resolutions and Codes to Support Two Spirit & LGBT Justice in Indian Country Cover


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