Opening Doors: Improving the Legal System’s Approach to LGBTQ Youth in Foster Care

1. Opening Doors: Improving the Legal System’s Approach to LGBTQ Youth in Foster Care Mimi Laver and Andrea Khoury American Bar Association Center on Children and the Law

2. Workshop Overview • Introduction to lesbian, gay, bisexual, transgender and questioning (LGBTQ) out of home youth • Review of Opening Doors • Overview of current and promising practices • Discussion and questions • Available resources

3. Why focus efforts to assistLGBTQ youth in foster care? • 70% LGBTQ youth in group homes reported violence based on LGBTQ status • 100% reported verbal harassment • 78% removed or ran away from placement because of hostility to LGBTQ status • 25-40% of homeless youth are LGBTQ • 30% of LGBTQ youth reported physical violence by family after coming out • Youth not receiving appropriate services • Told “you are going to hell” • Not allowed to dress or groom as they prefer

4. Need for Opening Doors:Why attorneys and judges? • Lack of access to quality representation for LGBTQ youth in the child welfare system. • Lack of information in the legal and judicial system regarding the specific needs and services for LGBTQ youth in foster care. • Barriers related to safety, reunification, adoption, guardianship, placement with fit and willing relatives, or other permanent living arrangements. • Lack of information about risk factors common to LGBTQ youth in the welfare system.

5. Youth participant at Listening Forum “Because of my status as being gay, I was often in homes only for one day. I have been in 36 different placements. One family I was with spoke predominantly Spanish, and the father would use the feminine form when addressing me.” –Denver “I was in a religious foster home where it was not okay for me to be gay. I had my own lockbox with my stuff in it. They broke into one day when I was at school. When I got home they had me all packed up: because I was gay. I left town.” –Jacksonville

6. Youth participant at Listening Forum “The judges aren’t welcoming if they know you’re gay. No one seemed interested in working with me.”–Jacksonville “The judge was patronizing and said ‘Oh, you’re gay now?’ in front of everyone like he thought it was a fad.” –Jacksonville “I wanted to speak on my own behalf…but I did not get to go [to court]. If you are not there, present, your words can get twisted…I feel I was in foster care for longer because of this woman. [GAL]” -- Denver “I never got to go to court, I never even saw lawyers.” –Jacksonville

7. Project Goals • To increase the legal community’s awareness of LGBTQ youth in foster care. • To increase the legal community’s awareness of the unique issues facing LGBTQ youth in foster care. • To address barriers for LGBTQ youth in the child welfare system as related to safety, permanency, and well-being. • To provide the legal community with advocacy tools to successfully represent these youths.

8. Project Description: Initial Steps • Compile Advisory Board of judges, advocates, and LGBTQ youth as well as CWLA, HRC, Lambda Legal Services for Children, and National Center for Lesbian Rights. • Conduct listening forums with members of the legal community and LGBTQ youth. • Conduct “Snowball Survey” by speaking to practitioners already doing good work for LGBTQ youth in foster care. • Distribute surveys to judges, advocates, and potentially adolescents nationwide to better understand their experiences with the child welfare system. • Topics include efforts to ensure the safety of these youths, confidentiality, issues related to mental and physical health, and unique challenges to permanency.

9. Project Description:Resource Manual • The Center will publish a Resource Manual for judges and lawyers involved with LGBTQ youth in foster care. • The manual will be based on the research results and will provide guidelines for representation. It will provide questions to raise that are particular to LGBTQ youth in foster care and will include pull-out bench cards. • Parts of the manual will be first published in the Center’s ABA Child Law Practice. • Distribution of the manual will focus on attorneys, advocates, judges, child welfare agencies, and LGBTQ organizations across the country. • A web-based document will also be produced.

10. Adult participants at Listening Forum “Training is the key to eliminating fear.” – Denver “ LGBTQ training should be mandatory for all GALs and attorneys who work with children. If people are given the option to go to another seminar or workshop, they will.” – Denver

11. Project Description: Training • Once the manual is disseminated, substantive training will be provided to the legal community. • Trainings will occur at national child welfare and LGBTQ youth conferences and in local communities. • Trainings may consist of exercises to facilitate a better understanding by judges and lawyers of their own biases when dealing with LGBTQ youth and help them learn more effective techniques of representation.

12. Child Welfare Goals:Application to LGBTQ Youth • Safety, Permanency, Well being • Safety in living environment • Connection to Community • Life long bonds to positive role models • Safety in School • Acceptance

13. Child Welfare Process:Application to LGBTQ Youth • Initial interview • Use gender neutral language • Build trust • If a youth identifies as LGBTQ, take the time to acknowledge how important it is that he or she felt they could trust you with something that may be difficult to say • Shelter Care hearing • Pay close attention to why the youth entered into care • If youth identifies as LGBTQ, begin to suggest different services that are available in your jurisdiction

14. Child Welfare Process (con’t) :Application to LGBTQ Youth • Adjudication/Disposition • Begin to help your client find a voice in court: bring the client to court and ask the youth to write something down that he or she may be willing to read or that you could read on the youth’s behalf. • Be wary of your own biases and those of others when dealing with the “best interest” standard • Do not ‘out’ a youth prematurely: ask who the youth would feel comfortable speaking about his or her LGBTQ status in front of. • Permanency Hearings • LGBTQ status affects how advocates view a youth’s odds for reunification and permanency. • Termination of Parental Rights and Adoption

15. Practice Hypothetical I: • Alexis, a 15 year old female, has been kicked out of her home because her parents “don’t like her lifestyle” or the kind of people that she hangs out with. She has been living in an all women’s temporary shelter. She has been truant from school and has been “acting out” at the shelter. Various placements and various services are being considered. • You are Alexis’ attorney. • You have a meeting with her next week. What do you want to discuss with Alexis? What questions do you have? • The disposition hearing is in one week. What additional information do you want and how would you obtain it? What do you want the judge to know?

16. Practice Hypothetical II: • Michael is 16 years old and has been your client for 2 years. He self identifies as gay. He is very quiet and is exhibiting signs of depression. Michael often sleeps through his classes at school. You have concerns he may be using illegal substances. • You recently spoke to Michael and you think he is not receiving appropriate services. There also doesn’t appear to be a long term plan in place for him (no adoptive home and no contact with birth relatives). • You are Michael’s attorney. • What are your next steps? Who do you contact? What additional information do you want? What would you communicate to the judge in Michael’s case?

17. Promising Trends • Advocates using gender-neutral language in their interviews and discussions with youth • Judges who have file folders of resources and services ready to hand out to youth who they feel might benefit from that information • Judges and advocates having hate-free zone stickers in their offices

18. Promising Trends (con’t) • Judges and advocates creating courtroom and interview environments in which youth feel comfortable disclosing LGBTQ status and related issues • Judges talking with peers about LGBTQ issues • Advocates requesting services by LGBTQ friendly providers • Advocates using the appellate process when judges are unwilling to or inappropriately address LGBTQ issues

19. What Can I Do? • Involve the legal community in your organization’s sensitivity training. • Ask the ABA or another LGBTQ friendly organization to provide a training. • Share resources on LGBTQ outreach services with the legal community. Be proactive about disseminating this information to judges. • Let judges know about local LGBTQ friendly providers (especially for transgender youth who may need additional medical or mental health care providers). • Lobby your local child welfare agency and providers to enact anti-discrimination policies for their youth and staff to follow.

20. Resources • Opening Doors Project Description • Opening Doors Surveys • Opening Doors Listening Forum Questions • NCLR LGBT youth fact sheets • Digital Stories DVD • Out of the Margins: CWLA/Lambda Listening Forum Report • CWLA Best Practices Guidelines • LGBTQ Youth in Child Welfare: A Special Issue of CWLA’s Child Welfare Journal

21. The Opening Doors Project • Mimi Laver ABA Center on Children and the Law laverm@staff.abanet.org 202-662-1736 • Andrea Khoury ABA Center on Children and the Law khourya@staff.abanet.org 202-662-1730