LGBT & Gender-Nonconforming

Youth in Juvenile Justice:

Building an Equitable System with
Data, Training, and Policy

Angela Irvine, Ph.D.

Christina Gilbert

April 29, 2015

February 17, 2010
Santa Cruz, CA
 Road Map

1. Research: Why are LGBQ/GNCT youth

overrepresented and at risk of harm in the
juvenile justice system?
2. Policy: How can policy help solve this
problem?
3. Data: How can data help solve this problem?
4. Training and Technical Assistance: How can
training and technical assistance help solve
this problem?

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 Terminology
• LGBQ/GNCT
(Lesbian, Gay, Bisexual, Questioning,
Gender Nonconforming, Transgender)
• SOGIE
(Sexual Orientation, Gender Identity, and
Gender Expression)

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SOGIE SCALE

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 Research
• Why are lesbian, gay, bisexual,
questioning, gender nonconforming and
transgender youth overrepresented in
the juvenile justice system?

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 True or False?

Few, if any, youth in

juvenile detention are
LGBT.

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 Few, if any, LGBT Youth in
Detention are LGBT
False: Approximately 20% of youth in juvenile
detention facilities are LGBT, compared to
approximately 5%-7% in the general population.
Additionally, the data show that LGBT youth are
more likely to enter juvenile detention for status
offenses such as running away, truancy, and
violations of probation.

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 Multiple Choice
Compared with straight youth,
LGBQ/GNCT youth are at least twice as
likely to:
a. Be removed from their home because
someone was hurting them.
b. Run away.
c. Be homeless.
d. All of the above.
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 LGBQ/GNCT Youth
Risk Factors
The answer is d. LGBQ/GNCT youth are
also at least twice as likely to be detained
for status offenses and prostitution.

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 Factors Leading to JJ Involvement

Harassment Isolation, Homophobia &

Family Harassment in
in Prior Low Self-Esteem, Lack of
Rejection Schools
Placements Depression Understanding

AWOL/ Inappropriate
Substance
Homelessness, Abscondence Poor Attendance, Charges &
Survival Crimes, Fighting Back Abuse
History No Alternative
Lack of Support Programs

Juvenile Justice System

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 Sexual Victimization
LGB youth are sexually victimized ____
times more often than straight youth.

A. Two times
B. Seven times
C. Twelve times

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 Sexual Victimization
• 10.3 % of LGB youth reported
victimization by another youth
(compared to 1.5% of heterosexual
youth)
• Similar rates of abuse by staff were
reported (7.5% and 7.8%) by LGB youth
and heterosexual youth.

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 Common Experiences in Locked Facilities

Lack of Identity
Harassment/
Understanding Punished, Lack of
Physical & Isolation
of Transgender Pathologized, & Competent
Sexual
Youth Criminalized Services &
Abuse
Placements

Suicide Risk/ Seen as

Ad Seg & Poor Treated as
No Program Uncooperative/
Institutional Dangerous/
Participation Rule Breaker
Record In Need of Help

Long Term Incarceration

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 POLICY LANDSCAPE
• Constitution
• Federal Law
• State Law
• Local Ordinances
• Facility/Agency Policies
• Best Practice Standards

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 Constitutional Rights
• Right to be Free from Physical, Emotional and
Sexual Abuse
• Right to be Free from Isolation
• Right to Receive Adequate Medical and Mental
Health Care
• Right to be Free from Discrimination
• Right to Freedom of Speech and Freedom of
Expression

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 Federal and State Laws
• JJDPA
• PREA
• State Non-discrimination laws
• State regulations governing conditions
of confinement (i.e. Title 15 in California)

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Employment Non-Discrimination
State Laws

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 Local Jurisdictions with Anti-
discrimination LGBT Policies
• California-Santa Clara County
• Colorado
• District of Columbia
• Hawaii
• Illinois-Cook County
• Louisiana-Orleans Parish
• Massachusetts
• New Jersey
• New York
• Ohio
• Pennsylvania-Philadelphia

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 Components of LGBT Policies
• Nondiscrimination provisions
• Screening and intake
• Classification and housing placement
• Confidentiality
• Privacy and safety for transgender youth
• Respectful communication
• Access to LGBT supports
• Medical and mental health services and treatment
• Staff training and policy dissemination
• Youth education and policy dissemination
• Enforcement

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 Collecting SOGIE Data

– PREA requires data collection

– An FAQ distributed by the PREA Resource
Center states that jurisdictions must collect
data on sexual orientation, gender identity,
and perceived gender expression that
places people at risk of discrimination.

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 Collecting SOGIE Data
– You can get most information you need
with five to six questions.
– We have piloted questions for youth in the
juvenile justice system down to age 12.
– We have piloted questions for youth in the
child welfare system down to age 10.

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Juvenile Justice SOGIE Questions
• What is your gender?
• What was your sex at birth?
• What is your gender expression?
• What is your sexual orientation?
• Who are you attracted to?
• (For staff) Does the youth’s gender
expression match the cultural and societal
expectations in the general community

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 Collecting SOGIE Data
– Once you have a protocol, you can train
your staff to collect the data
– Once you have the data, you can identify
points of disparity in your system.

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 Training and Coaching
– In order to improve outcomes of
LGBQ/GNCT youth, the equity project also
recommends training.
– Training establishes the professional
expectations for institutional and community
corrections staff.
– Follow-up technical assistance and
coaching supports staff as they change
practice.

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 Training Curricula
– A number of organizations that are
members of the Equity Project advisory
board provide training for staff
– The Equity Project compiled much of this
information into a publicly available
curriculum.

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 Equity Project Curriculum
• Toward Equity: A Training Curriculum
for Understanding Sexual Orientation,
Gender Identity, and Gender
Expression, and Developing
Competence to Serve Lesbian, Gay,
Bisexual, and Transgender Youth in the
Juvenile Justice System
Available at: www.equityproject.org

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 Toward Equity: A Training Curriculum for Understanding Sexual
Orientation, Gender Identity, and Gender Expression, and Developing
Competency to Serve Lesbian, Gay, Bisexual, and Transgender Youth in
the Juvenile Justice System

• Lesson 1: Understanding Sexual Orientation, Gender Identity,

and Gender Expression
• Lesson 2: Dismantling Bias and Fostering Equity
• Lesson 3: Enhancing Communication and Building Trust with
LGBT Youth
• Lesson 4: Reducing Risk and Promoting Protection
• Lesson 5: Ensuring Safety and Equity in Secure Settings
• Lesson 6: Respecting and Supporting Transgender Youth

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 Equity Project Training
• The following slides provide examples of
some of the topics that are covered by
the curriculum.

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Intersectionality- the study of the intersection of
different forms of discrimination or oppression
Examples:
•African-American boys with disabilities face the highest probability of suspension or
expulsion under “zero tolerance” school discipline policies. The interaction of these
three aspects of identity—gender, race, and disability—uniquely imperil this specific
group of students.
•LGBT youth of color experience police profiling in both similar and different ways as
other youth of color. As one young person in New York City described it: “Most of the
time, my experiences of ‘stop and frisk’ look like those of countless other Latin@
youth in this city, especially when I am dressed in a way perceived to be ‘hood’ by
the police. We know from the statistics that discriminatory policing practices target
Brown and Black bodies, and disproportionately affect young people aged 14-21. But
other times, when I am dressed in a different way, when an officer perceives me to
be gay or gender nonconforming, my experiences look different. The policing of
Brown and Black people begins with the color of our skin, our race, our ethnicity, and
our youth, but it does not end there.”

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 Agency Attitude Assessment
• INTOLERANCE
• INDIFFERENCE
• TOLERANCE
• ACCEPTANCE
• AFFIRMATION
• ADVOCACY

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 10 Ways to Challenge SOGIE-
Based Bias
1.DON’T LAUGH
2.SPEAK UP.
3.CHALLENGE BYSTANDERS.
4.DO NOT ‘GET EVEN’.
5.BE SUPPORTIVE.
6.INVOLVE THOSE WHO CAN HELP.
7.BE NONJUDGMENTAL.
8.BE INCLUSIVE.
9.FORMALLY OBJECT.
10.EDUCATE YOURSELVES AND OTHERS.

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 Communication Practice Tips
• Make no assumptions.
• Use chosen name/pronouns
• Non-verbal communication
• Body language
• Physical contact
• Environmental signals
• Culture-specific language

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 ISOLATION
• LGBT Youth sometimes put in isolation
“for their protection”
• Increased suicide risk and mental health
issues
• Unable to participate in programming
and inadequate education

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 VIDEO-Transgender Youth 101
• Dr. Johanna Olson:
https://www.youtube.com/watch?v=dELA6Ck
O7bM&feature=youtu.be

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 Contact Information
If you have questions webinar content, please contact:

Angela Irvine, Director, Impact Justice, airvine@impactjustice.org

Christina Gilbert, Director, The Equity Project, cgilbert@njdc.info

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If you require a certificate of completion for this webinar or you would like to
hear about future webinars, please contact:

Jonathan Litt, Field Relations Associate, Coalition for Juvenile Justice,

litt@juvjustice.org

To learn more about CJJ, including how to become an

individual or organizational member, visit www.juvjustice.org/about-us/.