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Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
The Third Webinar in the Understanding and Overcoming the Challenges Faced by LGBTQI Youth Series Hosted by

The Office of Juvenile Justice and Delinquency Prevention

Webinar Objectives
Learn about the needs of LGBTQI youth in custody Discuss new USDOJ regulations requiring the protection of LGBTQI youth in custody Describe effective programming for LGBTQI youth in custody

Poll Question #1
Which category best describes you? A. Group home staff B. Detention staff C. Corrections staff D. None of the above E. Other: __________

Poll Question #2
If you work in a facility, do you have any youth in your facility who identify as LGBTQI/gender nonconforming? A. Yes B. No

Learn About the Needs of LGBTQI Youth in Custody

Mykel Selph Director of the Office of Girls & Gender, Cook County Juvenile Temporary Detention Center, Chicago, IL

Cook County Juvenile Temporary Detention Center (JTDC)

In 2008, the JTDC began reorganization under the leadership of Transitional Administrator Earl Dunlap
Addressed staff shortages Improved and increased medical and mental health care Rewrote policy and procedure manual

JTDC (continued)
Implemented leadership training for management staff Provided 6-week pre-service training for incoming staff Developed relationships with community agencies to provide programming for youth while detained and upon re-entry

Poll Question #3
If you work in a facility, what percentage of youth in your facility identify as LGBTQI/gender nonconforming? A. Less than 50% B. Less than 25% C. Less than 10% D. None

Poll Question #4
How many youth do you think you have who are LBGTQI/gender nonconforming but who have not identified as such? A. Many B. Some C. A few D. None

Why are we focused on LGBTQI youth? We only have 1 or 2 of them.

LGBTQI youth are present in secure facilities, whether staff know it or not
Approximately 15% of incarcerated youth identify as LGBT and/or gender non-conforming (Irvine, 2010)

The few LGBTQI youth that facilities know about are only the ones who are out

LGBTQI Youth (continued)

LGBTQI youth at increased risk for bullying, suicide, substance abuse, STIs, etc. Disproportionately arrested for offenses such as prostitution, running from home or placement, and warrants (Irvine, 2010) LGBTQI staff should also be considered Ensure safety for all youth

Our job is to keep the kids safe. If they want to express themselves, they shouldnt get locked up.
Safety is embedded in the mission of secure facilities Physical safety vs. emotional safety

we supposed to keep 1 kid safe when we have 16 others we also have to worry about?
Heterosexism
Belief that everyone is or should be heterosexual

How are

Homophobia
Fear or hatred of LGBTQI people

Facility Policies
Policies should address needs of all youth
Consider making clothing gender neutral Discuss the usage of formal names and pronouns Privacy while showering

Eliminate assumptions
Expectations and consequences should be equal Programming should include needs and concerns of LGBTQI youth

Discuss New USDOJ Regulations Requiring the Protection of LGBTI Youth in Custody

Elissa Rumsey Compliance Monitoring Coordinator, Office of Juvenile Justice and Delinquency Prevention, Washington, DC

The Prison Rape Elimination Act (PREA)

Justice Department issued final rule effective August 20, 2012 Four sets of standards applicable in all facilities across the U.S., juvenile and adult Specific requirements address LGBTI youth

PREA
PREA Standards available here: http://www.gpo.gov/fdsys/pkg/FR-2012-0620/pdf/2012-12427.pdf

PREA (continued)
General Definitions

 115.5 General Definitions

Gender nonconforming means a person whose appearance or manner does not conform to traditional societal gender expectations.

 115.5 General Definitions

Intersex means a person whose sexual or reproductive anatomy or chromosomal pattern does not seem to fit typical definitions of male or female. Intersex medical conditions are sometimes referred to as disorders of sex development.

 115.5 General Definitions

Transgender means a person whose gender identity (i.e., internal sense of feeling male or female) is different from the persons assigned sex at birth.

PREA
LGBTI standards

Prevention Planning
115.315 Limits to cross-gender viewing and searches (e) The facility shall not search or physically examine a transgender or intersex resident for the sole purpose of determining the residents genital status. If the residents genital status is unknown, it may be determined during conversations with the resident, by reviewing medical records, or, if necessary, by learning that information as part of a broader medical examination conducted in private by a medical practitioner.

Prevention Planning
115.315 Limits to cross-gender viewing and searches (f) The agency shall train security staff in how to conduct cross-gender pat-down searches, and searches of transgender and intersex residents, in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs.

Poll Question #5
Does your facilitys nondiscrimination policy include/address LGBTI/gender nonconforming youth? A. Yes B. No C. Dont know D. Facility does not have a nondiscrimination policy

Training and Education

115.331 Employee training (a)The agency shall train all employees who may have contact with residents on: 1. Its zero-tolerance policy for sexual abuse and sexual harassment; 2. How to fulfill their responsibilities under agency sexual abuse and sexual harassment prevention, detection, reporting, and response policies and procedures;

Training and Education (continued)

3. Residents right to be free from sexual abuse and sexual harassment; 4. The right of residents and employees to be free from retaliation for reporting sexual abuse and sexual harassment; 5. The dynamics of sexual abuse and sexual harassment in juvenile facilities;

Training and Education (continued)

115.331 Employee training (a) The agency shall train all employees who may have contact with residents on: 6. The common reactions of juvenile victims of sexual abuse and sexual harassment; 7. How to detect and respond to signs of threatened and actual sexual abuse and how to distinguish between consensual sexual contact and sexual abuse between residents; 8. How to avoid inappropriate relationships with residents;

Training and Education (continued)

115.331 Employee training (a) The agency shall train all employees who may have contact with residents on: 9. How to communicate effectively and professionally with inmates, including lesbian, gay, bisexual, transgender, intersex, or gender nonconforming inmates; 10. How to comply with relevant laws related to mandatory reporting of sexual abuse to outside authorities; 11. Relevant laws regarding the applicable age of consent.

Screening for Risk of Sexual Victimization and Abusiveness

115.341 Obtaining information from residents (c) At a minimum, the agency shall attempt to ascertain information about: 1. Prior sexual victimization or abusiveness; 2. Any gender nonconforming appearance or manner or identification as lesbian, gay, bisexual, transgender, or intersex, and whether the resident may therefore be vulnerable to sexual abuse;

Screening (continued)
3. 4. 5. 6. 7. 8. Current charges and offense history; Age; Level of emotional and cognitive development; Physical size and stature; Mental illness or mental disabilities; Intellectual or developmental disabilities;

Screening (continued)
9. Physical disabilities; 10. The residents own perception of vulnerability; and 11. Any other specific information about individual residents that may indicate heightened needs for supervision, additional safety precautions, or separation from certain other residents.

Screening for Risk of Sexual Victimization and Abusiveness

115.342 Placement of residents in housing, bed, program, education, and work assignments (c) Lesbian, gay, bisexual, transgender, or intersex residents shall not be placed in particular housing, bed, or other assignments solely on the basis of such identification or status, nor shall agencies consider lesbian, gay, bisexual, transgender, or intersex identification or status as an indicator of likelihood of being sexually abusive.

Screening (continued)
(d) In deciding whether to assign a transgender or intersex resident to a facility for male or female residents, and in making other housing and programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the residents health and safety, and whether the placement would present management or security problems.

Screening (continued)
(e) Placement and programming assignments for each transgender or intersex resident shall be reassessed at least twice each year to review any threats to safety experienced by the resident.

Screening for Risk of Sexual Victimization and Abusiveness

115.342 Placement of residents in housing, bed, program, education, and work assignments (f) A transgender or intersex residents own views with respect to his or her own safety shall be given serious consideration. (g) Transgender and intersex residents shall be given the opportunity to shower separately from other residents.

Screening (continued)
(h) If a resident is isolated pursuant to paragraph (b) of this section, the facility shall clearly document: 1. The basis for the facilitys concern for the residents safety; and 2. The reason why no alternative means of separation can be arranged.

Screening (continued)
(i) Every 30 days, the facility shall afford each resident described in paragraph (h) of this section a review to determine whether there is a continuing need for separation from the general population.

Describe Effective Programming for LGBTQI Youth in Custody

Caleb Asbridge Senior Associate, Juvenile Services, The Moss Group, Inc., Washington, DC

Issues to Consider
Legal rights Facility culture Policy Operational issues

Legal Rights
Constitutional protections
8th Amendment - Cruel and Unusual Punishment 14th Amendment - Due Process Clause

Safety, security, medical and mental health protections Use of isolation

Assessing Facility Culture

Current staff/youth attitudes toward sexual orientation and gender identity differences Current norms and informal procedures Current level of support for non-traditional sexual orientation/gender identity expression Experiences of LGBTQI staff/youth

Policy Considerations
Specific policy vs. embedding Definitions of terms Specific non-discrimination policy statement Professional conduct guidelines

Operational Issues
Youth gender identification
Legal vs. chosen name Pronoun usage Consistency of identification Conflict with official documentation

Operational Issues (continued)

Showering and restroom practices Searches Clothing and grooming

Operational Issues (continued)

Use of segregation Communication/interaction between samesex youth Visitation rules

Operational Issues (continued)

Group management Appropriate social and recreational outlets Transportation

Information Management
Privacy rights Staff responses to disclosure Staff need-to-know Communicating with family

Intake Screening and Classification

What information is gathered and by whom? What follow-up questions should be asked? What are medical/mental health referral procedures? What information will be shared with other departments?

Poll Question #6
Does your facility/agency support the continuation of hormone therapy for transgender youth? A. Yes B. No C. Dont know

Medical and Mental Health Services

Gender identity disorder Hormone therapy Practitioner experience and qualifications Deferral of treatment decisions

Medical and Mental Health Services (continued)

Mental health treatment and counseling Sex offender treatment Emotional support services LGBTQI-specific health care concerns

Family Services
Family education and outreach Reunification/reintegration plans Safety upon return home Post-release support services

Staff, Volunteer, and Contractor Training Requirements

All LGBTQI-related policies (including nondiscrimination) Professional boundaries and communication Adolescent development

Youth Education
Agency non-discrimination policy Right to report discrimination, bullying, violence, or threats Housing, clothing, and grooming accommodations

Youth Education (continued)

Available medical and mental health services Available counseling and family support services

Poll Question #7
Does your facility/agency incorporate youth identification as LGBTQI in A. Family services? B. Therapy? C. Reentry-reintegration?

Resources
Growing Up LGBT In America, Human Rights Campaign Report (www.hrc.org/youth) National Center for Lesbian Rights (www.nclrights.org) Guide for Group Care Facilities Legal Rights of LGBT Youth National Institute of Corrections (www.nicic.gov/lgbti) The Moss Group (www.mossgroup.us/lgbti)

Additional Resources
National Center for Youth in Custody
www.nc4yc.org

National PREA Resource Center

www.prearesourcecenter.org

Questions submitted during the presentation will now be addressed!

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Webinar Archives

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For more information, please contact:

The Office of Juvenile Justice and Delinquency Prevention (OJJDP) http://www.ojjdp.gov

OJJDPs National Training and Technical Assistance Center (NTTAC)

http://www.nttac.org

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