Improving the Legal System’s Response to LGBTQ Youth in the Dependency System

1. Improving the Legal System’s Response to LGBTQ Youth in the Dependency System Opening Doors Project Webcast October 11, 2007

2. Webcast objectives To promote understanding • Pathways of LGBT youth into out-of-home care • Understanding the Context • Exploring Attitudes toward LGBTQ youth • Practice implications for lawyers and judges

3. Youth participant at Opening Doors 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

4. Youth participant at Opening Doors 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

5. Youth participant at CWLA/Lambda Listening Forum “I was placed in a co-ed group home. When I was shown to my room, I asked why I was being put on the boys’ floor. They said, “You’re not a boy? Well, we can’t put you on the girls’ floor looking like that.” So they made me sleep on a couch on a landing between the two floors.”

6. Who are LGBTQ youth in the foster care system? • Estimated that more than 4-10% of youth in state care are LGBTQ identified • 25-40% of homeless youth are LGBTQ • Half of gay or bisexual young men forced out of their homes because of sexual orientation engaged in prostitution to survive. • High rates of substance abuse due to stigmatization • 60 percent of gay and bisexual young men are substance abusers, compared with less than 4 percent of youth population as a whole • 30% of LGBTQ youth reported physical violence by family after coming out • 80% of LGBTQ students reported verbal harassment at school (70% feel unsafe; 28% dropped out) • LGBTQ high school students three times more likely to report carrying a weapon to school.

7. Why do we need to specifically target efforts to assist LGBTQ youth in the foster care system? • 70% LGBT 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 • Punished for expressing LGBTQ status • Not allowed to participate in programming • Told “you are going to hell” • Not allowed to dress or groom as they prefer • Gender identify is not respected

8. Why are we talking to attorneys and judges? • Making mistakes about a youth’s sex because of unisex clothing, hairstyles or androgynous appearance • Dealing with homophobic behavior of attorneys and court personnel • Addressing expectations of parents • Safeguarding LGBTQ youth from being prematurely “outed”

9. Why are we talking to attorneys and judges? • Increase awareness that lesbian, gay, bisexual, transgender, and questioning (LGBTQ) youth exist on dependency caseloads. • Improve representation for LGBTQ youth in the welfare system. • Provide information to the legal and judicial system regarding the specific needs and services for LGBTQ youth in foster care. • Realize the need to address barriers to safety, reunification, adoption, guardianship, placement with fit and willing relatives, or other permanent living arrangements. • Realize the need to address risk factors common to LGBTQ youth in the welfare system. • Develop advocacy tools to address LGBTQ youth’s needs.

10. ABA Code of Conduct • Competence • Diligence • Communication • Confidentiality • Advisor • Misconduct - prejudice

11. The Impact of Negative Attitudes on LGBTQ Youth “Do you know how it feels? I mean I couldn’t live at home with my own family because of who I am and then to get treated like that by people who are suppose(d) to be professionals and deal with kids. I just don’t think it’s fair. It’s just not right.” –Carl talking about the adults in his life during foster care.

12. Impact of Negative Attitudes • Confused and hurt by lawyers and judges who ignored them or treated them disrespectfully • LGBTQ youth try different coping strategies with poor outcomes • They hide their sexual orientation in fear of verbal abuse • A youth’s image of the child welfare legal system shouldn’t be an unwelcoming one

13. Projecting Positive Attitudes • Take time to analyze your attitude toward LGBTQ youth to help change it • Sometimes writing about your attitude helps challenge biases you may have • Creating a safe and trusting environment for self-reflection about biases and sexual identity promotes change

14. ABA Codes of Conduct • A Judge Shall Perform the Duties of Judicial Office Impartially and Diligently • It is professional misconduct for a lawyer to: “engage in conduct that is prejudicial to the administration of justice.” • Lawyers and judges may think and believe what they want, but those thoughts may not impact the treatment clients and litigants receive.

15. Riddle Scale • Riddle Homophobia Scale about Lesbian/Gay/Bisexual Identity • Four homophobic levels of attitudes about LGB individuals: repulsion, pity, tolerance, and acceptance • Four positive levels: support, admiration, appreciation, and nurturance

16. Positive Levels of AttitudesSupport: safeguard the rights of gays/lesbians Lawyers: • Develop trusting relationships with your clients • Advocate for your client to be in a safe setting, even if you go against the recommendation of the child welfare agency • Know who in your community provides services in an LGBTQ-affirming manner and advocate with the agency and court for your client to receive these services • Become familiar with the laws protecting LGBTQ youth

17. Support, cont. Judges: • Have resources available to share with LGBTQ youth, their families, and lawyers • Insist the agency care for the youth in an affirming way, if they don’t, consider making a “no reasonable efforts” finding against the agency • Challenge the tendency to label age-appropriate sexual activity as predator • Avoid double standards for behavior between LGBTQ youth and heterosexual sexually active youth • Understand that LGBTQ youth are not mentally ill

18. How do I respect a youth’s privacy? • Don’t assume that everyone in the youth’s life knows how he identifies • Always ask before you disclose • Let youth know if you can’t maintain confidentiality • Never discuss the youth’s sexual orientation or gender identity without her permission

19. Admiration: willing to truly examine homophobic attitudes, values, and behaviors • Use gender neutral language when talking with youth • Ex. Ask about the youth’s “partners” or “important relationships” in the youth’s life, romantic and otherwise. • Use the youth’s name and pronoun of choice and encourage the youth to dress as he or she wishes

20. Transgender Youth • Community that is particularly vulnerable • Many people are unaware of the challenges facing transgender youth or their needs • Judges and lawyers should ensure trans youth receive medical services from qualified health care practitioners knowledgeable about hormone treatments and other pharmacological interventions

21. Appreciation: willing to combat homophobia in themselves and others • Display hate-free zone, rainbow flag or triangle signs in your courtroom waiting area with other resources or office • Speak out when you hear anyone make homophobic or inappropriate anti-gay comments • Learn developmental needs of all young people, including sexual development, and integrate LGBTQ youth into this understanding • Judges should require staff training regarding the treatment of LGBT youth

22. Nurturance: willing to be allies and advocates for gays/lesbians Lawyers: • Visit your clients in their placements including in LGBTQ group homes or get to know their friends • Be available by cell phone or quickly returning calls for anything your client wants to discuss • Work with birth families to accept their children back in their homes • Understand and advocate for safe and healthy services for transgender youth

23. Nurturance, cont. Judges: • Support the youth and his or her family • Ensure the youth knows you are proud of accomplishments and show understanding when problems arise • Educate colleagues on the importance of nurturing all young people, including those who identify as LGBTQ • Promote the development of recreational programs and opportunities for social interaction for LGBTQ youth

24. For additional information feel free to contact the presenters • Mimi Laver, JD laverm@staff.abanet.org • Andrea Khoury, JD khourya@staff.abanet.org