April 29, 2015

1. LGBT & Gender-Nonconforming Youth in Juvenile Justice:Building an Equitable System with Data, Training, and PolicyAngela Irvine, Ph.D.Christina Gilbert April 29, 2015

2. Road Map • Research: Why are LGBQ/GNCT youth overrepresented and at risk of harm in the juvenile justice system? • Policy: How can policy help solve this problem? • Data: How can data help solve this problem? • Training and Technical Assistance: How can training and technical assistance help solve this problem?

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

4. SOGIE SCALE

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

6. True or False? Few, if any, youth in juvenile detention are LGBT.

7. 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.

8. Multiple Choice Compared with straight youth, LGBQ/GNCT youth are at least twice as likely to: • Be removed from their home because someone was hurting them. • Run away. • Be homeless. • All of the above.

9. 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.

10. Factors Leading to JJ Involvement Harassment in Schools Homophobia & Lack of Understanding Family Rejection Harassment in Prior Placements Isolation, Low Self-Esteem, Depression Inappropriate Charges & No Alternative Programs AWOL/ Abscondence History Poor Attendance, Fighting Back Substance Abuse Homelessness, Survival Crimes, Lack of Support Juvenile Justice System

11. Sexual Victimization LGB youth are sexually victimized ____ times more often than straight youth. A. Two times B. Seven times C. Twelve times

12. 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.

13. Common Experiences in Locked Facilities Identity Punished, Pathologized, & Criminalized Lack of Understanding of Transgender Youth Harassment/ Physical & Sexual Abuse Isolation Lack of Competent Services & Placements Seen as Uncooperative/ Rule Breaker Treated as Dangerous/ In Need of Help Suicide Risk/ No Program Participation Ad Seg & Poor Institutional Record Long Term Incarceration

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

15. 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

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

17. Employment Non-Discrimination State Laws

18. 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

19. 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

20. 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.

21. 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.

22. 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

23. 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.

24. 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.

25. 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.

26. 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

27. 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

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

29. 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.”

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

31. 10 Ways to Challenge SOGIE-Based Bias • DON’T LAUGH • SPEAK UP. • CHALLENGE BYSTANDERS. • DO NOT ‘GET EVEN’. • BE SUPPORTIVE. • INVOLVE THOSE WHO CAN HELP. • BE NONJUDGMENTAL. • BE INCLUSIVE. • FORMALLY OBJECT. • EDUCATE YOURSELVES AND OTHERS.

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

33. 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

34. VIDEO -Transgender Youth 101 • Dr. Johanna Olson: https://www.youtube.com/watch?v=dELA6CkO7bM&feature=youtu.be

35. 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 ---------------------------------------------------------------------------------------------------------- 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/.