part three: understanding the importance of implementing an effective justice system response for...

7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody

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Understanding the Importance ofImplementing 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


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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 LGBTQIyouth in custody


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Poll Question #1

Which category best describes you?

A. Group home staffB. Detention staff

C. Corrections staff

D. None of the aboveE. Other: __________


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Poll Question #2

If you work in a facility, do you have any youth

in your facility who identify as LGBTQI/gendernonconforming?

A. Yes

B. No


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Learn About the Needs of LGBTQIYouth in Custody

Mykel Selph

Director of the Office of Girls & Gender, Cook County

Juvenile Temporary Detention Center, Chicago, IL


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Cook County Juvenile TemporaryDetention 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


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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 detainedand upon re-entry

JTDC (continued)


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Poll Question #3

If you work in a facility, what percentage of

youth in your facility identify asLGBTQI/gender nonconforming?

A. Less than 50%

B. Less than 25%

C. Less than 10%

D. None


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Poll Question #4

How many youth do you think you have who

are LBGTQI/gender nonconforming but whohave not identified as such?

A. Many

B. Some

C. A few

D. None


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Why are we focused on LGBTQIyouth? 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 knowabout are only the ones who are out


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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

LGBTQI Youth (continued)


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How are we supposed to keep 1kid safe when we have 16 others

we also have to worry about?

Heterosexism

Belief that everyone is or should be heterosexual

Homophobia Fear or hatred of LGBTQI people


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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


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PREA

PREA Standards available here:

http://www.gpo.gov/fdsys/pkg/FR-2012-06-20/pdf/2012-12427.pdf


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PREA (continued)

General Definitions


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115.5 General Definitions

Transgendermeans a person whose gender

identity (i.e., internal sense of feeling male orfemale) is different from the persons assigned

sex at birth.


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PREA

LGBTI standards


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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 solepurpose of determining the residents genitalstatus. If the residents genital status is unknown, itmay be determined during conversations with theresident, by reviewing medical records, or, if

necessary, by learning that information as part of abroader medical examination conducted in privateby a medical practitioner.


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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


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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 andprocedures;


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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 harassmentin juvenile facilities;


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Training and Education (continued) 115.331 Employee training

(a) The agency shall train all employees who may havecontact with residents on:

9. How to communicate effectively and professionallywith inmates, including lesbian, gay, bisexual,transgender, intersex, or gender nonconforminginmates;

10. How to comply with relevant laws related tomandatory reporting of sexual abuse to outsideauthorities;

11. Relevant laws regarding the applicable age of consent.


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Screening for Risk of SexualVictimization and Abusiveness

115.341 Obtaining information from residents

(c) At a minimum, the agency shall attempt to ascertaininformation 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;


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Screening (continued)

3. Current charges and offense history;

4. Age;

5. Level of emotional and cognitive development;

6. Physical size and stature;

7. Mental illness or mental disabilities;

8. Intellectual or developmental disabilities;


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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.


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Screening for Risk of SexualVictimization 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 ofsuch identification or status, nor shall agenciesconsider lesbian, gay, bisexual, transgender, orintersex identification or status as an indicator oflikelihood of being sexually abusive.


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(d) In deciding whether to assign a transgender or

intersex resident to a facility for male or female

residents, and in making other housing andprogramming 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.


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(e) Placement and programming assignments for each

transgender or intersex resident shall be reassessed

at least twice each year to review any threats tosafety experienced by the resident.


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(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.


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(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 forseparation from the general population.


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Describe Effective Programming forLGBTQI Youth in Custody

Caleb Asbridge

Senior Associate, Juvenile Services, The Moss Group, Inc.,

Washington, DC


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Issues to Consider Legal rights

Facility culture

Policy

Operational issues


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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


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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


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Policy Considerations Specific policy vs. embedding

Definitions of terms

Specific non-discrimination policy statement

Professional conduct guidelines


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Operational Issues Youth gender identification

Legal vs. chosen name

Pronoun usage

Consistency of identification

Conflict with official documentation


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Operational Issues (continued) Showering and restroom practices

Searches

Clothing and grooming


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Operational Issues (continued) Use of segregation

Communication/interaction between same-

sex youth

Visitation rules


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Operational Issues (continued) Group management

Appropriate social and recreational outlets

Transportation


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Information Management Privacy rights

Staff responses to disclosure

Staff need-to-know

Communicating with family


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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?


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Medical and Mental HealthServices (continued)

Mental health treatment and counseling Sex offender treatment

Emotional support services

LGBTQI-specific health care concerns


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Staff, Volunteer, and ContractorTraining Requirements

All LGBTQI-related policies (including non-

discrimination)

Professional boundaries and communication

Adolescent development


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Youth Education Agency non-discrimination policy

Right to report discrimination, bullying,

violence, or threats

Housing, clothing, and grooming

accommodations


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Youth Education (continued) Available medical and mental health services

Available counseling and family support

services


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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)


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Additional Resources National Center for Youth in Custody

www.nc4yc.org

National PREA Resource Center www.prearesourcecenter.org


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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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