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State-by-State Analysis of Juvenile Justice Systems

Find Your State

Know the laws in your state that protect LGBT people and people living with HIV.

The following is a summary of explicit state statutory-, regulatory- and policy-based protections, where they exist, against discrimination on account of sexual orientation, gender identity and gender expression (“SOGIE”) in the nation’s juvenile justice system. For jurisdictions without explicit SOGIE protections, the authors have highlighted where youth are explicitly protected from discrimination on account of sex or gender as courts continue to clarify that sex- or gender-based discrimination includes discrimination on account of gender identity or gender stereotyping. States marked with an asterisk (*) have a juvenile justice or juvenile detention policy specific to upholding the rights of lesbian, gay, bisexual, transgender, questioning and gender-nonconforming (“LGBTQ+”) youth in care, which includes information regarding practice guidelines in addition to a nondiscrimination clause. We have also included local LGBTQ+-specific detention policies.

            In addition to the explicit protections listed here, youth placed out-of-home in government care, including youth in the juvenile justice system, have constitutional rights to due process and equal protection and may, in some states or cities, be protected by state or local public accommodation or human rights laws or ordinances, to the extent that they apply to juvenile justice systems and/or facilities.

            Although state-wide juvenile justice agencies provide some degree of system oversight in all states, many juvenile detention facilities and probation or parole offices are managed by counties or municipalities. Due to the large volume of counties and municipalities in the United States, we likely have not captured all local protections and LGBTQ+-specific policies.

            Where available, we have provided information regarding rights of children in the state’s juvenile justice system even if they are not SOGIE-inclusive. We also list grievance procedures and ombudsman's offices. If LGBTQ+ youth in care experience harm or discrimination, grievances and complaints may serve as tools to address disparate treatment, among other advocacy options.

            The authors have attempted to gather all available information, but this is likely not an exhaustive list. Please contact Amy Cook, acook@lambdalegal.org, if you notice an error or that we unintentionally missed a statute, law or agency policy in your jurisdiction.

Alabama

Alabama has no explicit protection from discrimination on account of sexual orientation, gender identity or gender expression for youth in the juvenile justice system in state statute, regulation or agency policy. Sex is a protected class in regulation.

Alabama has a Department of Human Resources ombudsman.

Statute:

None known.

Regulation:

Ala. Admin. Code r. 950-1-6-.05(4)
Physical Standards: Juvenile Rights
“(b) Written policy, procedure, and practice prohibit discrimination based on a juvenile’s race, religion, national origin, sex, disability or political views in making administrative decisions and in providing access to programs.”

Policy:

None known.

PREA Policy:

http://dys.alabama.gov/dys_prea.html

State Agency Website:

http://dfsweb.wyo.gov/

Grievance Procedure:

http://dhr.alabama.gov/directory/Admin_Hearings.aspx

Ombudsman:
Alabama Department of Human Resources
50 North Ripley Street
Montgomery, Alabama 36130
Phone: (334) 242-1325
Email: fsd@dhr.alabama.gov
http://dhr.alabama.gov/directory/Admin_Hearings.aspx

Additional Provisions:

Alaska

Alaska has policy-based protection from discrimination on account of gender, sexual orientation, gender identity or gender expression for youth in the juvenile justice system.

Alaska has an Office of the Ombudsman for complaints against state government, but it is not specific to juvenile justice.

Statute:

None known.

Regulation:

None known.

Policy:

Alaska Division of Juvenile Justice, Division-Wide Policy & Procedures, Program and Services – L1, Nondiscrimination

PREA Policy:

http://dhss.alaska.gov/djj/Pages/GeneralInfo/PREAOverview.aspx

State Agency Website:

http://dhss.alaska.gov/djj/Pages/default.aspx

Grievance Procedure:

Ombudsman:
Alaska Office of the Ombudsman
PO Box 102636
Anchorage, Alaska 99510-2636
Phone: (907) 269-5290
Fax: (907) 269-5291
http://ombud.alaska.gov/

Additional Provisions:

Arizona

Arizona has regulatory-based protection from discrimination for youth in the juvenile justice system inclusive of gender and sexual orientation. Arizona Juvenile Corrections’ nondiscrimination policy includes gender, sexual orientation and gender identity as protected classes.

Arizona has an ombudsman’s office, but it is not specific to issues affecting youth in the juvenile justice system.

Statute:

None known.

Regulation:

State of Arizona, Juvenile Detention Standards
Section: II(D)(1)
“Juveniles shall not be subjected to discrimination based on race, national origin, religion, gender, sexual orientation, physical or mental disability.”
(See also: http://bit.ly/2hPqk09)

Policy:

Arizona Juvenile Corrections Policy 2302
Juvenile Rights and Standards, Definitions
“5. Juveniles have the right to be treated free of discrimination, based on:
a. Race;
b. Gender;
c. Language;
d. National origin;
e. Religion;
f. Disability;
g. Sexual orientation;
h. Gender identity; and/or
i. Personal beliefs/opinions.”
https://portal.azdjc.gov/policy/main.aspx
(Choose “Juvenile Rights and Hearings” from the drop-down menu, then choose “2302 – Basic Juvenile Rights.”)

PREA Policy:

https://adjc.az.gov/resources/prea

State Agency Website:

https://adjc.az.gov/

Grievance Procedure

Ombudsman: 
Arizona Ombudsman-Citizens’ Aide
7878 N. 16th Street, Suite 235
Phoenix, Arizona 85020
Phone: (602) 277-7292
Toll-Free: (800) 872-2879
Fax: (602) 277-7312
Email: ombuds@azoca.gov
http://www.azoca.gov/

Additional Provisions:

Arkansas

Arkansas has no explicit protection from discrimination on account of sexual orientation, gender identity or gender expression for youth in the juvenile justice system in state statute, regulation or agency policy. Gender is a protected class in regulation and policy.

Arkansas has no ombudsman.

Statute:

None known.

Regulation:

Code Ark. R. 016.01.9-3-D
JUVENILE RIGHTS: Access to Programs and Services
“Each residential facility shall have written policy and procedure and practice that prohibits discrimination based on a juvenile’s race, religion, national origin, gender, disability, or political views in making administrative decisions and providing access to programs. (RF 3D-03)”

Code Ark. R. 016.01.9-5-A
JUVENILE SERVICES: Admission, Reception and Orientation
“Each residential facility shall have written policy and procedure and practice and intake criteria prohibiting discrimination in accepting referrals, in the provision of services, programs and activities on the basis of gender, race, disability, religion, creed or national origin. (RF 5A-01-1)
. . .

Each residential facility shall have written policy and procedure and practice providing that the facility does not discriminate on the basis of race, religion, national origin, gender or disability. (RF 5A-09)”

Policy: 

Arkansas Department of Human Services, Division of Youth Services
Policy No. 7001.01.01
DYS Policy, Vision, Mission and Values
“IV. VALUES.
7. All children and youth in the state should have equal opportunities for fairness, help and success without regard for gender, race or ethnicity, disability, geographic location, income level, or any other factor.”
http://bit.ly/2qiY5gj

Arkansas Department of Human Services, Division of Youth Services
Policy No. 7002.05.14
Juvenile Rights and Responsibilities (2010)
A. Juveniles in DYS custody or housed in will be granted and assured of the following basic rights:
1. To be free of discrimination because of race, religion, color, gender, age, natural
origin, or handicap;
. . .
19. The freedom of expression, as long as it does not interfere with the rights of others or the safety and security of the facility/program or public[.]”
http://170.94.37.152/REGS/016.01.10-001F-12040.pdf

PREA Policy:

https://ardhs.sharepointsite.net/DHSPolicy/DYS%20Policy/7002.04.09%20PREA.pdf

State Agency Website:

http://humanservices.arkansas.gov/about-dhs/dys/

Grievance Procedure:

None known.

Ombudsman:

None known.

Additional Provisions:

California

California has statutory-based protection from discrimination for youth in the juvenile justice system inclusive of sex, sexual orientation and gender identity; policy-based protection from discrimination inclusive of gender, sexual orientation and gender expression; and regulatory-based protection from discrimination inclusive of gender, sexual orientation, gender identity and gender expression. The San Francisco and Santa Clara County Juvenile Probation Departments have non-discrimination policies that protect youth on the basis of sexual orientation and gender identity.

The state prohibits the practice of “sexual orientation change efforts” on patients under 18 years of age. The law defines such efforts as “any practices by mental health providers that seek to change an individual’s sexual orientation,” inclusive of “behaviors or gender expressions.” Cal. Bus. & Prof. Code §§ 865-865.2.

The California Department of Corrections and Rehabilitation has an ombudsman.

Statute:

Cal. Welf. & Inst. Code 224.71
Division of Juvenile Facilities; rights of youth confined in a juvenile facility.
“It is the policy of the state that all youth confined in a facility of the Division of Juvenile Facilities shall have the following rights:
. . .
(i) To have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.”

Cal. Welf. & Inst. Code 224.72
Division of Juvenile Facilities; youth safety, care, placement and services; non-discrimination.
“All facilities of the Division of Juvenile Facilities shall ensure the safety and dignity of all youth in their care and shall provide care, placement, and services to youth without discriminating on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.”

Regulation:

Cal. Code Regs. tit. 15, § 1324
Policy and Procedures Manual.
“All facility administrators shall develop, publish, and implement a manual of written policies and procedures that address, at a minimum, all regulations that are applicable to the facility.
. . .
The manual shall include:
. . .
(h) a non-discrimination provision that provides that all youth within the facility shall have fair and equal access to all available services, placement, care, treatment, and benefits, and provides that no person shall be subject to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, gender, sexual orientation, gender identity, gender expression, mental or physical disability, or HIV status, including restrictive housing or classification decisions based solely on any of the above mentioned categories[.]”

Policy:

California Department of Corrections and Rehabilitation, Division of Juvenile Justice
Youth Rights Handbook (April 2016)
“You shall not be discriminated against for any reason, including your actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, language, mental or physical disability or HIV status.”
https://www.cdcr.ca.gov/Juvenile_Justice/docs/Linked/Youth_Rights_Handbook.pdf

Local Policy:

San Francisco Juvenile Probation Department, Anti-Harassment Policy for Youth
http://www.equityproject.org/wp-content/uploads/2014/12/CA.-SF.-Anti-Harassment-Policy.pdf

Santa Clara County Probation Department, Juvenile Lesbian Gay Bisexual and Transgender Policy (October 2013)
http://www.equityproject.org/wp-content/uploads/2014/12/SCCPD-EP-Narrative-Policy-10-28-13.pdf

PREA Policy:

https://www.cdcr.ca.gov/Juvenile_Justice/PREA/index.html

State Agency Website:

https://www.cdcr.ca.gov/Juvenile_Justice/

Grievance Procedure:

http://www.cdcr.ca.gov/ombuds/

Ombudsman:
California Department of Corrections and Rehabilitation
Office of the Ombudsman
1515 S Street, Room 311 South
Sacramento, CA 95811
Phone: (916) 445-1773
http://www.cdcr.ca.gov/ombuds/

Additional Provisions:

Colorado*

Colorado has regulatory-based protection from discrimination on account of sexual orientation and sex for youth in the juvenile justice system. In addition, Colorado has a nondiscrimination policy specific to upholding the rights of LGBTQI youth.

The state has no known ombudsman for juvenile justice issues.

Statute:

None known.

Regulation:

12 Colo. Code Regs. § 2509-7:7.604
ANTI-DISCRIMINATION
“A. County department staff shall not deny a person aid, services, or other benefits or opportunity to participate therein, solely because of age, race, color, religion, creed, sex, national origin, political beliefs, method of payment, sexual orientation, veterans status, or disability.”

12 Colo. Code Regs. § 2509-8:7.713.2
7.713.22  Youth Rights and Grievance Procedures
“A. Each licensed center shall have written policy and procedure which addresses and insures the availability of each of the following rights for residents:
1. No youth shall be subject to discrimination based on race, religion, national origin, sex, or physical handicap.
2. There is equal access to programs and services for male and female youth in co-correctional centers.”

Policy:

Colorado Department of Human Services, Division of Juvenile Corrections, Policy S 13.9, Non-Discriminatory Services to Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Juvenile (Feb. 24, 2017)
https://drive.google.com/file/d/0B6RNEF9DYEdYbDdNVHRyWDJGcFU/view

PREA Policy:

https://www.colorado.gov/pacific/cdhs/prison-rape-elimination-act-prea-0

State Agency Website:

https://www.colorado.gov/cdhs/dys

Grievance Procedure:

None known.

Ombudsman:

None known.

Additional Provisions:

Connecticut*

Connecticut has a nondiscrimination policy specific to upholding the rights of LGBTQI youth in care. The state also has a best practice guide for working with transgender youth and caregivers.

The state bars health care providers from administering “conversion therapy” to any person under 18 years of age. The law defines conversion therapy as any practice that “seeks to change the person’s sexual orientation or gender identity.” It characterizes conversion therapy as “an unfair or deceptive trade practice” and bars the expenditure of public funds for its purpose. Conn. Gen. Stat. Ann. §§ 19a-907-907c.

The state Department of Children and Families has an ombudsman.

Statute: 

None known.

Regulation:

None known.

Policy:

Connecticut Department of Children & Families, Policy 30-9, Non-Discrimination of LGBTQQIAA Individuals (May 14, 2004)
http://www.portal.ct.gov/DCF/Policy-Homepage/Home/Policy-Index-by-Topic
(Click “LGBTQI Individuals, Non-discrimination of, 30-9” from the list.)

Connecticut Department of Children & Families, Working with Transgender Youth and Caregivers Practice Guide 2014 (updated Dec. 2014)
http://www.ct.gov/shp/lib/shp/pdf/Transgender_Practice_Guide.pdf

PREA Policy:

http://portal.ct.gov/DOC/Miscellaneous/PREA

State Agency Website:

http://www.ct.gov/opm/cwp/view.asp?Q=383628

Grievance Procedure: 

http://www.portal.ct.gov/DCF/Ombudsman/Home

Ombudsman:
Connecticut Department of Children & Families
Ombudsman Office
505 Hudson Street
Hartford, Connecticut 06106
Phone: (860) 550-6301
Toll-Free: (866) 637-4737
Fax: (860) 560-7086
http://www.portal.ct.gov/DCF/Ombudsman/Home

Additional Provisions:

Delaware

Delaware has policy-based protection from discrimination on account of gender, sex, sexual orientation, gender identity or gender expression for youth in the juvenile justice system.

The State Department of Services for Children, Youth and their Families does not have a dedicated ombudsman, but does invite “concerns or complaints.”

The state considers it “unprofessional conduct or a ground for discipline” for any licensed nurse, mental health or chemical dependency professional, psychologist, or clinical social worker to engage in “conversion therapy” with a child. The bill defines conversion therapy as “any practice or treatment that seeks to change an individual’s sexual orientation or gender identity.” S.B. 65, 149th Leg. (Del. 2018).

Statute:

Del. Code Ann. tit. 13, § 2522
Rights of children in DSCYF custody
“(a) All dependent, neglected and abused children in DSCYF custody under this chapter shall have the following rights in accordance with their ages and developmental levels, unless prohibited by court order:
. . .
(5) To receive appropriate placement services.
. . .
(8) To participate in the formation and maintenance of their foster care service, independent living and transition plans, where applicable.”

Regulation:

None known.

Policy:

Delaware Children’s Department Policy
Policy No. 217, Nondiscrimination Policy (Revised April 1, 2019)< br/> II. Policy

“It is the policy of DSCYF that no person shall, on the grounds of a person’s race, color, national origin, gender, age, sex, pregnancy, marital status, sexual orientation, gender identity or expression, religion, creed, disability, veteran’s status, or any other category protected by state and/or federal laws, be exclude from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program or activity which is administered by the Department.”

Division of Youth Rehabilitative Services

Chapter 2: Professional Practices, Policy No. 2.20, Subject: Lesbian, Gay, Bisexual, Transgender, Question, and Intersex (LBTQI) (Revised March 5, 2019)

PREA Policy:

https://kids.delaware.gov/yrs/prea-statutes-policy.shtml

State Agency Website:

https://kids.delaware.gov/yrs/yrs.shtml

Grievance Procedure:

http://kids.delaware.gov/occl/complaint.shtml

Ombudsman:
Department of Services for Children, Youth and their Families
1825 Faulkland Road
Wilmington, DE 19805-1195
Phone: 302-633-2620
Email: info.dscyf@state.de.us
http://kids.delaware.gov/contact.shtml

Additional Provisions:

District of Columbia*

The District of Columbia has statutory-based protection against discrimination on account of sex, sexual orientation, gender identity and gender expression for youth in the juvenile justice system. It also has a policy specific to upholding the rights of LGBTQI youth in the system.

The District prohibits providers from engaging in “sexual orientation change efforts” on minors. The law does not define sexual orientation change efforts. D.C. Code Ann. § 7-1231.14a.

The District of Columbia has an ombudsman’s office for the Child and Family Services Agency.

Statute:

D.C. Code Ann. § 2-1402.73
Application to the District government.
“Except as otherwise provided for by District law . . . it shall be unlawful discriminatory practice for a District government agency or office to limit or refuse to provide any facility, service, program, or benefit to any individual on the basis of an individual’s actual or perceived: race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, disability, matriculation, political affiliation, source of income, or place of residence or business.”

Regulation:

None known.

Policy:

Government of the District of Columba, Department of Youth Rehabilitation Services, Policy DYRS-007, Lesbian, Gay, Bisexual, Transgender, Questioning and Intersex (LGBTQI) Youth (May 11, 2012)
https://dyrs.dc.gov/sites/default/files/dc/sites/dyrs/publication/attachments/DYRS-007LesbianGayBisexualTransgenderQuestioningandIntersexLGBTQIYouth.pdf

PREA Policy:

http://bit.ly/2BXSEFt

State Agency Website:

https://dyrs.dc.gov/page/dyrs-careers

Grievance Procedure:

http://cfsa.dc.gov/service/be-heard-for-youth

Ombudsman:
District of Columbia Child and Family Services Agency Youth Ombudsman
200 I Street, SE
Washington, District of Columbia 20003
Phone: (855) 874-3273
Fax: (202) 727-6505
Email: yo.bud@dc.gov

Additional Provisions:

Florida

Florida has regulatory- and policy-based protection against discrimination on account of gender and sexual orientation, but not gender identity or expression, for youth in the juvenile justice system.

The Department of Juvenile Justice has an Office of the Inspector General.

Statute:

None known.

Regulation:

Fla. Admin. Code Ann. r. 63D-9.002(3)(a)
Detention Screening.
“The [detention] placement decision shall be based upon an independent assessment of risk as determined by the [Detention Risk Assessment Instrument]. To ensure equality of treatment, the Juvenile Probation Officer Supervisor (JPOS) shall make certain that the JPO does not discriminate based upon race, culture, gender, religion, ethnic origin, disability, sexual orientation, or socioeconomic status.”

Policy:

Florida Department of Juvenile Justice
Policy Section FDJJ – 1100
Rights of Youths in DJJ Care, Custody or Supervision (Feb. 6, 2009)
“Employed or contracted staff will not exhibit or exercise any bias or prejudice against an individual or group because of race, color, gender, age, religion, disability, national origin, ancestry, or sexual orientation.”
http://www.djj.state.fl.us/docs/policies/rights-of-youth-in-djj-care-policy-djj-1100.pdf?sfvrsn=2

PREA Policy:

http://www.djj.state.fl.us/partners/prison-rape-elimination-act-(prea)

State Agency Website:

http://www.djj.state.fl.us/home

Grievance Procedure:

http://www.djj.state.fl.us/services/support/OIG

Ombudsman:
Department of Juvenile Justice
Office of Inspector General
2737 Centerview Drive
Tallahassee, FL 32399-3100
Phone: (800) 355-2280
Fax: (850) 414-7182
E-mail: OIG.Complaints@djj.state.fl.us
http://www.djj.state.fl.us/services/support/OIG

Additional Provisions:

Georgia*

Georgia has a nondiscrimination policy specific to upholding the rights of LGBTQI youth in the juvenile justice system.

Georgia has a juvenile justice ombudsman.

Statute:

None known.

Regulation:

None known.

Policy:

Georgia Department of Juvenile Justice, Policy # 23.3, Lesbian, Gay, Bisexual, Transgender, Intersex (LGBTI) (October 30, 2015)
http://www.djj.state.ga.us/Policies/DJJPolicies/Chapter23/DJJ23.3LGBTI.pdf

Avery D. Niles, Commissioner, Department of Juvenile Justice
Student Guide to The Georgia Department of Juvenile Justice (2014)
“All youth detained in a DJJ facility, regardless of sexual identity, [for example,] Lesbian, Bi-Sexual, Gay, Transgender, and Intersex will not be isolated, harassed, or subjected to any form of abuse, including name-calling due to sexual preferences.”
http://www.djjnewsandviews.org/djjombudsman/djjstudenthandbook.pdf

Georgia Department of Juvenile Justice
Policy #15-1, Basic Rights and Responsibilities of Youth (March 15, 2013)
“All youth in secure facilities and residential programs will be treated in accordance with the following standards:
. . .
To be free of harassment because of race, religion, color, sex, gender, sexual orientation, age, national origin, or disability, pregnancy, childbirth, or related medical conditions[.]”
http://bit.ly/2iZKu6a

PREA Policy:

https://djj.georgia.gov/prison-rape-elimination-act-prea

State Agency Website:

https://djj.georgia.gov/

Grievance Procedure:

Office of the Child Advocate
Forms and Reporting
http://oca.georgia.gov/forms-reporting

Ombudsman:

Georgia Department of Juvenile Justice Office of the Ombudsman
3408 Covington Highway
Decatur, Georgia 30032
Phone (Toll-Free): 1-855-396-2978
Email: djjombudsman@djj.state.ga.us
http://www.djjnewsandviews.org/djjombudsman

Georgia’s Office of the Child Advocate
270 Washington Street S.W.
8th Floor, Suite 8101
Atlanta, Georgia 30334
Phone: (404) 656-4200
Fax: (404) 656-5200
Email: tboga@oca.ga.gov
https://oca.georgia.gov/webform/request-oca-assistance-or-investigation

Additional Provisions:

Guam

Guam has policy-based protection from discrimination on account of sex, but not sexual orientation or gender identity, for youth in the juvenile justice system.

Statute: 

None known.

Regulation:

None known.

Policy:

Guam Division of Public Welfare
USDA Nondiscrimination Statement
“This institution is prohibited from discriminating on the basis of race, color, national origin, disability, age, sex and in some cases religion or political beliefs.”
http://www.dphss.guam.gov/?q=content/division-public-welfare

PREA Policy:

None known.

State Agency Website:

Grievance Procedure

None known.

Ombudsman:

None known.

Additional Provisions:

Hawaii*

Hawaii’s sole juvenile justice facility has a nondiscrimination policy specific to upholding the rights of LGBT youth in its care.

The state prohibits any person who is “licensed to provide professional counseling” from engaging in “sexual orientation change efforts” on anyone under 18 years of age. The law defines sexual orientation change efforts as “the practice of attempting to change a person’s sexual orientation, including but not limited to efforts to change gender identity or gender expressions and behaviors.” S.B. 270, 29th Leg. (Haw. 2018).

The Office of the Ombudsman handles complaints against all state and county agencies, but is not juvenile justice-specific.

Statute:

None known.

Regulation:

None known.

Policy:

Hawaii Youth Correctional Facility, Policy No. 1.43.03, Non-Discriminatory, Developmentally-Sound Treatment of Lesbian, Gay, Bi-Sexual and Transgender (LGBT) Youth (April 11, 2007)
http://www.lambdalegal.org/sites/default/files/jj_hawaii_2007.pdf

Hawaii Department of Human Services
Policy No. 4.10.1, Discrimination Complaints Policy (October 1, 2014)
“It is the policy of the DHS to assure a work and service environment free from discriminatory practices for all department employees, applicants for employment, applicants for participation in the DHS programs, and participants in DHS programs. The work and service environments shall be without discrimination, retaliation for having filed a complaint, and/or harassment on the basis of age, arrest/court records, breastfeeding, child support assignment, citizenship, credit history, disability (physical or mental), domestic/sexual violence victim status, genetic information, National Guard absence, national origin/ancestry, political belief, race or color, religion, relationship status, sex/gender (expression or identity), sexual orientation, veteran status, retaliation for filing a complaint or participating in complaint process, and harassment based on one or more of the protected factors listed here or might be added to law periodically.”
http://humanservices.hawaii.gov/wp-content/uploads/2014/10/Policy-4.10.1-Disc-Complaint.pdf

PREA Policy:

None known.

State Agency Website:

http://humanservices.hawaii.gov/oys/

Grievance Procedure:
Ombudsman:
Hawaii Office of the Ombudsman
465 South King Street, 4th Floor
Honolulu, Hawaii 96813
Phone: (808) 587-0770
Fax: (808) 587-0773
http://www.ombudsman.hawaii.gov/got-a-complaint
 
State of Hawaii Department of Human Services
Office of Youth Services
Mailing Address: P.O. Box 339
Honolulu, HI 96809-0339

Street Address: 1390 Miller Street, Room 209
Honolulu, HI 96813

Complaints Liaison & Legislative Coordinator: R. Malia Taum-Deenik
Phone: (808) 586-4994
Fax: (808) 586-4890
Email: dhs@dhs.hawaii.gov
http://humanservices.hawaii.gov/important-phone-numbers/

Additional Provisions:

Idaho*

Idaho has statewide regulatory-based protection based on sex, and policy-based protection based on sex and sexual orientation for youth in its juvenile justice system. The state also has a nondiscrimination policy upholding the rights of LGBTQI youth in the system.

Idaho has no known ombudsman.

Statute:

None known.

Regulation:

Idaho Admin. Code r. 05.01.02.210
DETENTION CENTER ADMINISTRATION.
“05. Policy and Procedures. The detention center administrator shall develop and maintain written policy and procedures which shall safeguard the basic rights of juvenile offenders and shall safeguard the juvenile offenders’ freedom from discrimination based upon sex, race, creed, religion, national origin, disability, or political belief and establish practices that are consistent with fundamental legal principles, sound correctional practices, and humane treatment. These written policy and procedures shall be reviewed on a regular basis, updated as needed and made available to all detention center employees. The policy and procedures manual shall submitted to the prosecuting attorney or other legal authority for review and approved by county commissioners or other governing authority on an annual basis. After such approval, a copy of the policy and procedures manual shall be submitted to the Department of Juvenile Corrections. (3-29-12)”

Policy:

Idaho Department of Juvenile Corrections, Institutional Policy/Procedure 672, Non-Discriminatory, Developmentally-Sound Treatment of Lesbian, Gay, Bisexual, Transgender and Intersex Youth (rev’d October 16, 2017)
http://www.idjc.idaho.gov/policy
(Scroll down to “Non-Discriminatory, Developmentally-Sound, Treatment of Lesbian, Gay, Bisexual, Transgender and Intersex Youth 672”.)

Idaho Department of Juvenile Corrections, Administrative Policy/Procedure 324, Ethics and Standards of Conduct (May 20, 2013)
“Each employee will serve the public, other employees, and juveniles with respect, concern, courtesy, responsiveness and quality service, regardless of age, sex, race, national origin, sexual orientation, religious affiliation, disabilities/handicaps, or criminal history.”
http://www.lambdalegal.org/sites/default/files/jj_idaho_2013.pdf

PREA Policy:

http://www.idjc.idaho.gov/prea

State Agency Website:

http://www.idjc.idaho.gov/

Grievance Procedure:

None known.

Ombudsman:

None known.

Additional Provisions:

Illinois*

Illinois has a nondiscrimination policy specific to upholding the rights of LGBTQ youth in the juvenile justice system. Additionally, Cook County has a policy specific to upholding the rights of LGBTQI youth in its temporary juvenile detention center.

The state prohibits mental health providers from engaging in “sexual orientation change efforts” with anyone under the age of eighteen. 405 Ill. Comp. Stat. Ann. 48/1-48/30. The law defines sexual orientation as inclusive of “gender-related identity.” 775 Ill. Comp. Stat. Ann. 5/1-103.

Illinois has an Independent Juvenile Ombudsman.

Statute:

None known.

Regulation:

None known.

Policy:

Illinois Department of Juvenile Justice, Administrative Directive 04.01.303, Lesbian, Gay, Bisexual, Transgender and Questioning (LGBTQ) Youth (June 1, 2014)
https://www.lambdalegal.org/sites/default/files/il_ad_4.01.303.pdf

Local Policy:
Cook County Juvenile Temporary Detention Center, Policy 11.10, Lesbian, Gay, Bisexual, Transgender, Questioning, Intersex (LGBTQI) Residents (March 3, 2013)
http://www.equityproject.org/wp-content/uploads/2014/12/11-10-LGBTQI.pdf

PREA Policy:

https://www2.illinois.gov/idjj/Pages/PrisonRapeEliminationAct.aspx

State Agency Website:

https://www2.illinois.gov/idjj/Pages/default.aspx

Grievance Procedure:

DHS Help Line
800-843-6154 (voice)
800-447-6404 (TTY)

Ombudsman:
Advocacy Office for Children and Families
Phone: (217) 524-2029
Toll-Free: (800) 232-3798
Email: dcfs.advocacy@illinois.gov
https://www2.illinois.gov/dcfs/aboutus/documents/advocbro.pdf

Additional Provisions:

Indiana

Indiana has policy-based protection from discrimination on account of sex and sexual orientation, but not gender identity or expression, in the care of its juvenile justice system.

Indiana’s Department of Correction has an Ombudsman Bureau.

Statute:

None known.

Regulation:

None known.

Policy:

Indiana Division of Youth Services
Restorative Justice
“The juvenile justice process is respectful of age, abilities, sexual orientation, family status, and diverse cultures and backgrounds -- whether racial, ethnic, geographic, religious, economic, or other -- and all are given equal protection and due process.”
http://www.in.gov/idoc/dys/2401.htm

Indiana Department of Correction, Division of Youth Services, Student Handbook (2010)
“Just because you are in DYS it doesn’t mean that you lose all of your rights. At DYS, you have the basic rights listed here. There are some limits to your rights, to ensure that everyone is safe and to ensure that you are getting the best treatment.
1. The right to be treated respectfully and fairly.
. . .
The right to not be discriminated against because of race, religion, national origin or ancestry, color, creed, sex, handicap or political views and to have the same access as all students to all services, programs or assignment to housing or jobs.”
http://www.in.gov/idoc/dys/files/DOC-JuvHandbook2010DFT3-final.pdf

PREA Policy:

None known.

State Agency Website:

https://www.in.gov/idoc/dys/

Grievance Procedure:
Indiana Department of Correction, Indiana Ombudsman Bureau
“The Ombudsman Bureau requires complainants to use the Ombudsman Bureau Complaint Form. These forms are available in the law library of each DOC facility or can be downloaded in the section labeled ‘Links.’”
http://www.in.gov/idoc/2318.htm

Ombudsman:

Additional Provisions:

Iowa

Iowa has Department of Human Services (DHS) policy-based protection from discrimination on account of sexual orientation and gender identity.

The Office of Citizens’ Aide Ombudsman serves as an independent and impartial agency to which citizens can air their grievances about government, but is not juvenile justice-specific.

Statute:

None known.

Regulation:

None known.

Policy:

Iowa Department of Human Services
Non-Discrimination Policy
“It is the policy of the Iowa Department of Human Services to provide equal treatment in employment and provision of services to applicants, employees and clients without regard to race, color, national origin, sex, sexual orientation, gender identity, religion, age, disability or veteran status; hereafter referred to as protected category.”
http://dhs.iowa.gov/non-discrimination-policy

PREA Policy:

None known.

State Agency Website:

https://humanrights.iowa.gov/cjjp

Grievance Procedure:

None known.

Ombudsman:
Iowa Office of Citizens’ Aide Ombudsman
Ola Babcock Miller Building
1112 East Grand
Des Moines, Iowa 50319
Phone: (515) 281-3592
Toll-Free: (888) 426-6283
https://www.legis.iowa.gov/Ombudsman/

Additional Provisions:

Kansas

Kansas has policy-based protection from discrimination on account of gender, sex and sexual orientation, but not gender identity or gender expression, for youth in the juvenile justice system.

Kansas has no known ombudsman.

Statute:

None known.

Regulation:

None known.

Policy:

Kansas Department of Corrections, Juvenile Services
Youth Handbook
“Your rights while you are here[:]
. . .
12. Freedom from discrimination based on race, religion, national origin, sex, physical handicap, or political views in the making of administrative decisions and in providing access to programs[.]”
https://www.doc.ks.gov/publications/juvenile/youth

Kansas Department of Corrections, Division of Juvenile Services
Juvenile Intake and Assessment System Standards
Standard No. JIAS-01-110, Non-Discrimination (Nov. 1, 2009)
“Written policy, procedure and practice shall require that the Intake and Assessment Program and its employees do not discriminate upon youth and/or families based upon race, gender, color, sex, religion, national origin, ancestry, age, sexual orientation, physical/mental disability and/or economic status.”
https://www.doc.ks.gov/juvenile-services/supervision-standards/jias/standards/jias-01-110

PREA Policy:

https://www.doc.ks.gov/facilities/prea

State Agency Website:

https://www.doc.ks.gov/juvenile-services

Grievance Procedure:

None known.

Ombudsman:

None known.

Additional Provisions:

Kentucky*

Kentucky has regulatory-based protection from discrimination on account of sex and a nondiscrimination policy specific to upholding the rights of LGBTQI youth in its juvenile justice system.

The state has a general ombudsman, but not one specific to issues affecting youth in care.

Statute:

None known.

Regulation:

922 505 Ky. Admin. Regs. 1:210
Alternatives to Detention
Section 19. Rights. 
“(1) The rights and best interests of children shall be paramount, with due regard for the interests of the community.
(2) An applicant for house parent status or a child needing a court resource home as an alternative to detention shall not be denied approval or placement on the basis of age, race, sex, marital status, religion, or national origin, except as provided herein.”

505 Ky. Admin. Regs. 2:090
“(1) The facility shall adopt and enforce written policies and procedures which:
(a) Provide that juveniles shall not be subject to discrimination based on race, national origin, color, creed, sex, or physical handicap;
(b) Provide each juvenile freedom from discrimination based on race, religion, national origin, sex, handicap or political beliefs, and equal access to various programs and work assignments[.]”

Policy:

Kentucky Department of Juvenile Justice Policy and Procedures, Policy #912, Sexual Orientation and Gender Identity (April 4, 2014)
http://bit.ly/2lAduq9

Kentucky Department of Juvenile Justice Policy and Procedures
Youth Rights
“The following rights shall be afforded to all youth:
. . .
B. Youth shall not be subject to and shall be free from discrimination. It shall be prohibited to discriminate based on a youth’s [sic] regardless of race, color, sex, disability, age, national origin, religion, sexual orientation, gender identity, genetic information, political affiliation, or veteran status in making administrative decisions and in providing access to programs.”
http://djj.ky.gov/200%20Policy%20Manual/DJJ%20208%20Youth%20Rights.pdf

PREA Policy:

https://djj.ky.gov/Pages/PREA.aspx

State Agency Website:

https://djj.ky.gov/Pages/default.aspx

Grievance Procedure:

None known.

Ombudsman:
Office of the Ombudsman
275 E Main Street
Frankfort, Kentucky 40601
Phone: (502) 564-5497
Email: CHFS.Listens@ky.gov

Additional Provisions:

Louisiana*

Louisiana has statewide regulatory-based protection against discrimination on account of sexual orientation and gender identity for youth in its juvenile justice system. It also has a nondiscrimination policy specific to upholding the rights of LGBTQ youth in the system. The New Orleans Juvenile Detention Center has its own nondiscrimination policy specific to upholding the rights of LGBT youth in its care.

The Louisiana Department of Children and Family Services has an ombudsman.

Statute:

None known.

Regulation:

La. Admin Code. tit. 67, pt. V, § 7511(B)(3)
“(a) Direct Care Staff shall receive an additional 120 hours of training during their first year of employment. This training shall include, at a minimum, the following:
. . .
(d) lesbian, gay, bisexual, transgender specific, cultural competence and sensitivity training[.]”

La. Admin Code. tit. 67, pt. V, §7513(G)(4)
“Decisions for housing or programming of youth who are or are perceived to be gay, lesbian, bisexual, or transgender youth on the basis of their actual or perceived sexual orientation shall be made on an individual basis in consultation with the youth and the reason(s) for the particular treatment shall be documented in the youth’s file. The administrator or designee shall review each decision.”

La. Admin Code. tit. 67, pt. V, § 7515(A)(2)
Juvenile Detention Facilities: Youth Protections
“A youth shall not be subjected to discrimination based on race, national origin, religion, sex, sexual orientation, gender identity, or disability.”

Policy:

Louisiana Office of Juvenile Justice Youth Services Policy, Non-Discriminatory Services to Lesbian, Gay, Bisexual, Transgender, Intersex, Questioning (LGBTIQ), and Nonconforming Youth (April 25, 2017)
https://ojj.la.gov/wp-content/uploads/2017/09/B.2.20-Non-Discriminatory-Services-to-Lesbian-Gay-Bisexual-Transgender-Intersex-Questioning-LGBTIQ-and-Nonconforming-Youth-4-25-17.pdf

Local Policy:

New Orleans Juvenile Detention Center, Non-Discriminatory, Developmentally-Sound Treatment of Lesbian, Gay, Bisexual and Transgender (LGBT) Youth, Policy 12.3 (2011)
http://www.equityproject.org/wp-content/uploads/2015/01/louisiana-detention-center-policy.pdf

PREA Policy:

https://ojj.la.gov/policies-systems/federal-laws/prea/

State Agency Website:

https://ojj.la.gov/

Grievance Procedure:

None known.

Ombudsman:
Louisiana Department of Children & Family Services
627 North Fourth Street
Baton Rouge, Louisiana 70802
Phone: (225) 342-2297
Fax: (225) 342-2268

Additional Provisions:

Maine

Maine has statewide regulatory-based protection against harassment of youth in the juvenile justice system on account of gender and sexual orientation, but not gender identity or expression. Maine Department of Corrections policy prohibits discrimination on account of sex and sexual orientation.

Maine does not have an ombudsman.

Statute:

None known.

Regulation:

Code Me. R. tit. 03-201 Ch. 12, Subs. 15.3 § VI
Resident Discipline System: PROCEDURES
“4. Unacceptable resident behavior shall be categorized as either of two degrees, dependent upon the behavior:
. . .
b. Major Misconduct: Major misconduct is behavior that creates a substantial risk to the safety of the resident or another person or to the security of the facility or constitutes a juvenile crime or crime. The following behavior constitutes major misconduct:
. . .
20) Harassment (harassment by words or gesture of any person that is motivated by the person’s race, color, ethnicity, national origin, religion, creed, gender, sexual orientation, physical or mental disability, or juvenile crime)”

Policy:

State of Maine Department of Corrections
Policy #1.6, Prohibition on Discrimination (Mar. 5, 2013)
“The Department of Corrections recognizes the right of prisoners, residents, probationers, volunteers, visitors, and others involved with the Department to be free of discrimination. Discrimination based on sex, race, color, religion, ancestry or national origin (including limited English proficiency), age, marital status, genetic information, physical or mental disability, sexual orientation, or whistleblower activity is a violation of Department policy. Discrimination based on these categories is unacceptable and will not be tolerated. In addition, it is considered grounds for disciplinary or other appropriate administrative action. It may also constitute illegal discrimination.”
https://www1.maine.gov/corrections/PublicInterest/policies.shtml
(Choose “PROHIBITION ON DISCRIMINATION” from the list.)

PREA Policy:

http://www.maine.gov/corrections/prea/

State Agency Website:

https://www1.maine.gov/corrections/juvenile/index.htm

Grievance Procedure:

None known.

Ombudsman:

None known.

Additional Provisions:

Maryland

Maryland has statewide regulatory-based protections against discrimination on account of sex and sexual orientation, but not gender identity or expression for youth placed in residential facilities. The state also has a nondiscrimination policy that prohibits discrimination based on sex, sexual orientation, and gender identity.

The state prohibits mental health providers or child care practitioners from engaging in “conversion therapy” with anyone under the age of eighteen. The law defines conversion therapy seeking “to change an individual’s sexual orientation or gender identity.” S.B. 1028, 438th Leg. (Md. 2018).

Maryland has no known ombudsman.

Statute:

None known.

Regulation:

Md. Code Regs. 10.57.05.03(C)
General Conduct.
“In the capacity or identity as a certified residential child care program administrator or certified residential child and youth care practitioner may not
. . .
(5) Practice, condone, or facilitate discrimination, or collaborate to discriminate on the basis of race, color, sex, sexual orientation, age, religion, national origin, marital status, political belief, disability, or other preference or personal characteristic, condition, or status with an individual or group of individuals;
(6) Engage or participate in an action that violates or diminishes the civil or legal rights of a client[.]”

Policy:

Maryland Department of Juvenile Services
Civil Rights Nondiscrimination Statement
“The U.S Department of Agriculture prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or all or part of an individual's income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department.”
http://www.djs.maryland.gov/Documents/Non-discrimination_Statement.pdf

PREA Policy:

http://www.djs.maryland.gov/Pages/PREA.aspx

State Agency Website:

http://www.djs.maryland.gov/Pages/default.aspx

Grievance Procedure:

None known.

Ombudsman:
Maryland Department of Juvenile Services
One Center Plaza
120 West Fayette Street
Baltimore, Maryland 21201-3741
Phone: (410) 230-3100 
Toll-Free: (888) 639-7499 
TTY: (800) 735-2258
http://djs.maryland.gov/Pages/default.aspx

Additional Provisions:

Massachusetts*

Massachusetts has a statewide nondiscrimination policy upholding the rights of LGBTQ youth in the juvenile justice system.

The state does not have a dedicated ombudsman.

Statute:

None known.

Regulation:

None known.

Policy:

Massachusetts Department of Youth Services, Policy 03.04.09, Prohibition of Harassment and Discrimination Against Youth (July 1, 2014)
https://www.mass.gov/lists/dys-policies-regulations
(Scroll to “03.04.09 Prohibition of Harassment and Discrimination Against Youth”)

PREA Policy:

https://www.mass.gov/service-details/dys-prison-rape-elimination-act-prea

State Agency Website:

https://www.mass.gov/orgs/department-of-youth-services

Grievance Procedure:

None known.

Ombudsman:
Massachusetts Department of Youth Services
600 Washington Street, 4th Floor
Boston, MA 02111
Phone: (617) 727-7575

Additional Provisions:

Michigan

Michigan has policy-based protection against discrimination on account of sex (and gender), sexual orientation, gender identity, and gender expression for youth in the juvenile justice system.

The state has a dedicated children’s ombudsman.

Statute:

None known.

Regulation:

None known.

Policy:

Michigan Department of Health and Human Services
Nondiscrimination Statement
“The Michigan Department of Health and Human Services (MDHHS) does not discriminate against any individual or group because of race, religion, age, national origin, color, height, weight, marital status, genetic information, sex, sexual orientation, gender identity or expression, political beliefs or disability.”
http://www.michigan.gov/mdhhs/0,5885,7-339-73970_7701_76675-77286--,00.html

Michigan Department of Human Services, Bureau of Juvenile Justice
Rights for Youth Under Our Care, Custody and Supervision
“We will always ensure that our staff maintain the highest ethical behavior including reporting of any behavior that is deemed inappropriate or any bias or prejudice because of race, ethnicity, gender, age, religion, disability, sexual orientation or national origin.”
http://www.lambdalegal.org/sites/default/files/jj_michigan.pdf

Michigan Department of Health and Human Services
Balanced and Restorative Justice Philosophy
“The juvenile justice process is respectful of age, abilities, sexual orientation, family status, diverse cultures and backgrounds and all are given equal protection and due process.”
http://dhhs.michigan.gov/OLMWEB/EX/JJ/Public/JJ1/110.pdf

PREA Policy:

None known.

State Agency Website:

https://www.michigan.gov/mdhhs/0,5885,7-339-73971_34044---,00.html

Grievance Procedure:

http://www.michigan.gov/mdhhs/0,5885,7-339-71551_27716-82239--,00.html

Ombudsman:
Michigan Office of Children’s Ombudsman
P.O. Box 30026
Lansing, Michigan 48909
Phone: (517) 373-3077
Toll-Free: (800) 642-4326
Fax: (517) 335-4471
Email: childombud@michigan.gov
http://www.michigan.gov/oco/

Additional Provisions:

Minnesota

Minnesota has regulatory- and policy-based protection from discrimination on account of gender and sexual orientation, but not gender identity or expression, for youth in the juvenile justice system.

The state has an ombudsman. It is not an office specific to the juvenile justice system.

Statute:

None known.

Regulation:

Minn. R. 2960.0050
“Subpart 1. BASIC RIGHTS. A resident has basic rights including, but not limited to, the rights in this subpart.
. . .
P. [R]ight to be free from bias and harassment regarding race, gender, age, disability, spirituality, and sexual orientation[.]”

Policy:

Standards for Operation of a Secure Juvenile Detention Facility
Section 7, Juvenile Rights
“7.1. The facility shall have a written policy and procedure to assure the rights of juveniles are protected in accordance with state and federal law and Supreme Court Rule 127.10 while in detention, to include but not limited to the following:
. . .
E. Freedom from discrimination: Juveniles shall not be subjected to discrimination based on race, ethnicity, national origin, religion, gender, sexual orientation, and physical or mental disability.”
http://on.mo.gov/2kPM3X2

PREA Policy:

None known.

State Agency Website:

https://dps.mn.gov/divisions/ojp/Pages/default.aspx

Grievance Procedure:

None known.

Ombudsman:
State of Minnesota
Office of the Ombudsperson for Families
1450 Energy Drive
Suite 106
St. Paul, Minnesota 55108
Phone: (651) 603-0058
Toll-Free: 1-888-234-4939
Fax: (651) 643-2539
http://mn.gov/ombudfam/

Additional Provisions:

Mississippi

Mississippi has policy protection against discrimination on account of sex, but not sexual orientation, gender identity or gender expression, for youth in the juvenile justice system.

The state’s ombudsman is not juvenile justice-specific.

Statute:

None known.

Regulation:

None known.

Policy:

Mississippi Department of Human Services, Division of Youth Services
Policy 1, DYS Code of Ethics (rev’d Apr. 15, 2018)
“II.A.3. Employees shall respect and protect the civil and legal rights of all youth in their custody or under their supervision.
. . .
B.5. Employees shall not discriminate against any youth, employee or prospective employee on the basis of race, sex, creed or national origin.”
http://www.mdhs.ms.gov/wp-content/uploads/2018/04/DOC041018-04102018144102.pdf

PREA Policy:

https://bit.ly/2HTQzQw

State Agency Website:

http://www.mdhs.state.ms.us/youth-services/

Grievance Procedure:

None known.

Ombudsman:
Mississippi Department of Human Services
Division of Community Services
750 North State Street
Jackson, Mississippi 39202
Phone: (601) 359-4414
Toll-Free: (800) 345-6347
Email: consumer.services@mdhs.ms.gov

Additional Provisions:

Missouri

Missouri has a Department of Social Services policy-based protection against discrimination on account of sex, but not sexual orientation, gender identity or gender expression, for youth in the juvenile justice system.

Missouri has an Office of Child Advocate.

Statute:

None known.

Regulation:

None known.

Policy:

Missouri Standards for Operation of a Juvenile Detention Facility
“Juveniles shall not be subject to discrimination based on race, color, national origin, sex, creed or handicap.”
http://www.mjja.org/resources/publications/
(Choose “Missouri Juvenile Detention Standards” from the list.)

PREA Policy:

None known.

State Agency Website:

https://dps.mo.gov/dir/programs/jj/

Grievance Procedure:

http://oca.mo.gov/pdf/Complaint_Form.pdf

Ombudsman:
Missouri Office of Child Advocate
PO Box 809
Jefferson City, Missouri 65102
Toll-Free: (866) 457-2302
Fax: (573) 522-6870
Email: oca@oca.mo.gov
https://oca.mo.gov

Additional Provisions:

Montana

Montana has regulatory- and policy-based protection against discrimination on account of sex (or gender) and sexual orientation, but not gender identity or gender expression, for youth in the juvenile justice system.

Statute:

None known.

Regulation:

Mont. Admin. R. 20.9.620(4)
“Rights of Youth. No facility may discriminate against any youth based on race, religion, national origin, gender, handicap, political belief, or sexual orientation.”

Policy:

State of Montana Department of Corrections
Policy No. DOC 1.3.20, Nondiscrimination and Sexual Harassment (July 27, 2015)
“The Department does not tolerate sexual or other harassment, or discrimination in employment or in provision of services based on race, color, age, physical or mental disability, marital status, creed, sex, political beliefs, genetic information, veteran’s status, culture, social origin or condition or ancestry, national origin, religious preference, or sexual orientation.”
https://cor.mt.gov/Portals/104/Resources/Policy/Chapter1/1-3-20%20Nondiscrimination%20and%20Sexual%20Harassment%2007_27_15.pdf

PREA Policy:

https://cor.mt.gov/PREA

State Agency Website:

http://cor.mt.gov/Youth/YouthServices

Grievance Procedure:

None known.

Ombudsman:

None known.

Additional Provisions:

Nebraska

Nebraska has no explicit protection from discrimination on account of sexual orientation, gender identity or gender expression for youth in the juvenile justice system in state statute, regulation or agency policy. Sex is a protected class in regulation and Department of Health and Human Services policy.

Nebraska has an ombudsman, but it is not specific to juvenile justice.

Statute:

None known.

Regulation:

Neb. Admin. Code tit. 83, Ch. 12
Juvenile Detention Facility
“001.06 Juveniles’ freedom from discrimination based upon sex, race, creed, religion, national origin, disability, or political belief and to have equal access to available programs and work assignments[.]”

Policy:

Nebraska Department of Health and Human Services
Notice of Nondiscrimination and Program Accessibility
“DHHS complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, sex, or disability in admission to its programs, services, or activities; in access to them; in treatment of individuals with disabilities; in provision of benefits, in its hiring or employment practices, or in any aspect of their operations.”
http://bit.ly/2COpPMy

PREA Policy:

http://dhhs.ne.gov/children_family_services/Pages/YRTC-PREA.aspx

State Agency Website:

http://dhhs.ne.gov/children_family_services/pages/jus_ojsindex.aspx

Grievance Procedure:
Ombudsman:

Nebraska Public Counsel (Ombudsman’s Office)
PO Box 94604
Room 807, State Capitol
Lincoln, Nebraska 68509-4604
Phone: (402) 471-2035
Toll-Free: (800) 742-7690
Email: ombud@leg.ne.gov
http://nebraskalegislature.gov/divisions/ombud-filing.php

Office of the Inspector General of Nebraska Child Welfare
1327 H Street/Suite 306
PO Box 94604
Lincoln, Nebraska 68509-4604
Phone: (402) 471-4211
Toll-Free: (855) 460-6784
TDD: (402) 471-5087
Fax: (402) 471-4277
E-mail: oig@leg.ne.gov
http://oig.legislature.ne.gov/

Additional Provisions:

Nevada

Nevada has statutory-based protection from discrimination on account of sex, sexual orientation, gender identity, and gender expression for youth in the juvenile justice system. Sex is a protected class in Division of Child and Family Services policy.

The state prohibits psychotherapists from providing “conversion therapy” to anyone under 18 years of age. The law defines conversion therapy as “any practice or treatment that seeks to change the sexual orientation or gender identity of a person.” Nev. Rev. Stat. Ann. SB 201, § 1.5.

The Division of Child and Family Services has a Systems Advocate.

Statute:

A.B. 180 (Nev. 2017)
“Sec. 5. Except as otherwise provided in section 7 of this act, a child who is placed in the care and custody of a detention facility within this State has the right:
. . .
8. To be free from:
. . .
(d) Discrimination or harassment on the basis of his or her actual or perceived race, ethnicity, ancestry, national origin, color, religion, sex, sexual orientation, gender identity or expression, mental or physical disability or exposure to any communicable disease.”
https://legiscan.com/NV/text/AB180/id/1619954

Regulation:

None known.

Policy:

Nevada Department of Health and Human Services, Division of Child and Family Services, Juvenile Justice Services
Juvenile Detention Facility Standards (March 30, 2016)
“Written policy, procedure, and practice provide that juveniles are not subjected to discrimination based on race, religion, national origin, sex, or physical handicap.”
http://bit.ly/2AhEz3P

PREA Policy:

http://dcfs.nv.gov/Programs/JJS/PREAHome/

State Agency Website:

http://dcfs.nv.gov/Programs/JJS/

Grievance Procedure:
Ombudsman:
Nevada Division of Child and Family Services
Systems Advocate
4126 Technology Way, 3rd Floor
Carson City, Nevada 89706
Phone: (775) 684-4453
Email: systems.advocate@dcfs.nv.gov
http://dcfs.nv.gov/Programs/SA/

Additional Provisions:

New Hampshire

New Hampshire has statewide Department of Health and Human Services (DHHS) policy-based protection against discrimination on account of sex and sexual orientation, but not gender identity or expression, for youth in the juvenile justice system.

The state prohibits persons licensed to provide counseling services from engaging in “conversion therapy” with anyone under 18 years of age. The law defines conversion therapy as “any practices or treatments that seek to change an individual’s sexual orientation or gender identity.” H.B. 587 (N.H. 2018), effective January 2019.

DHHS has an ombudsman.

Statute:

None known.

Regulation:

None known.

Policy:

New Hampshire Department of Health and Human Services
Non-Discrimination Policy
“The New Hampshire Department of Health and Human Services does not discriminate against people because of their age, sex, race, creed, color, marital status, familial status, physical or mental disability, religion, national origin, sexual orientation or political affiliation or belief. There will be no discrimination in accepting or providing services, or the admission or access to, or treatment or employment in, any of the Department’s programs or activities.”
http://www.dhhs.nh.gov/oos/ombudsman/nondiscrimination.htm

PREA Policy:

https://www.dhhs.nh.gov/djjs/institutional/prea.htm

State Agency Website:

https://www.dhhs.nh.gov/djjs/

Grievance Procedure:

None known.

Ombudsman:

New Hampshire Department of Health and Human Services
Office of the Ombudsman
129 Pleasant Street
Concord, New Hampshire 03301-3857
Phone: (603) 271-6941
Toll-Free: (800) 852-3345
Fax: (603) 271-4632
http://www.dhhs.nh.gov/oos/ombudsman/index.htm

Additional Provisions:

New Jersey*

New Jersey has a statewide nondiscrimination policy upholding the rights of LGBTQI youth in the juvenile justice system.

The state prohibits counselors from imposing “sexual orientation change efforts” on anyone under the age of eighteen. The law defines sexual orientation change efforts as “the practice of seeking to change a person’s sexual orientation, including . . . efforts to change behaviors, gender identity, or gender expressions.” N.J. Stat. Ann. § 45:1-55.

New Jersey has no known ombudsman.

Statute:

None known.

Regulation:

None known.

Policy:

New Jersey Juvenile Justice Commission, Policy 13ED:01.02A, Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Juveniles (August 5, 2013)
http://www.nj.gov/oag/jjc/pdf/PREA_LGBTQI-Juveniles_policy.pdf

PREA Policy:

http://www.nj.gov/oag/jjc/prea.html

State Agency Website:

http://www.nj.gov/oag/jjc/index.html

Grievance Procedure:

http://www.nj.gov/dcf/about/divisions/oa/

Ombudsman:

None known.

Additional Provisions:

New Mexico

New Mexico has statewide regulatory-based protection against discrimination on account of sex (or gender) and “sexual preference,” but not gender identity or expression, for youth in the juvenile justice system.

The state prohibits the provision of “conversion therapy” to any person under the age of eighteen. The law defines conversion therapy as “any practice or treatment that seeks to change a person’s sexual orientation or gender identity.” N.M. Stat. Ann. § 61-1-3.3.

New Mexico has no known ombudsman.

Statute:

None known.

Regulation:

N.M. Admin. Code 8.14.1.11
NON-DISCRIMINATION
“All services and licenses are provided in accordance with federal and state constitutional, statutory and regulatory requirements. Except as otherwise stated, the department and any contract provided service and license shall be without regard to age, gender, race, religion, disability, marital status, or tribal affiliation in accordance with the law.”

N.M. Admin. Code 8.14.10.7
DEFINITIONS
“B. Culturally competent services refers to a service delivery system that is responsive to diversity and cultural differences related to age, race, ethnicity, gender, and sexual preference.
. . .
P. Transition services refers to the services provided for youth exiting the care and custody of CYFD. Services are youth and family-driven, with individualized case planning and community-based transition services using wraparound models. CYFD provides transition services based on best practices that are culturally competent, gender responsive, and built on the unique strengths and resiliency of youth and their families.”

N.M. Admin. Code 8.14.14.18
JUVENILE RIGHTS AND RESPONSIBILITIES
“A. The [juvenile detention] facility shall have written policies and procedures stating that juveniles are not subject to discrimination based on race, national origin, color, creed, sex, physical handicap, or religion is required.”

Policy:

None known.

PREA Policy:

https://cyfd.org/facilities/prison-rape-elimination-act-prea

State Agency Website:

https://cyfd.org/special-programs/juvenile-detention-centers

Grievance Procedure:

None known.

Ombudsman:

None known.

Additional Provisions:

New York*

New York has regulatory- and policy-based protection from discrimination on account of sexual orientation, gender identity and gender expression for youth in the juvenile justice system. In addition, New York State’s Office of Children and Family Services has a policy specific to upholding the rights of LGBTQ youth in care. New York City’s Administration for Children and Families also has a detailed LGBTQ policy and additional guidelines for serving transgender and gender non-conforming youth (see NYC-specific chart below).

The state requires that “no facility shall provide services to minor patients that are intended to change such minor’s sexual orientation or gender identity.” N.Y. Comp. Codes R. & Regs. tit. 14, § 527.8(d). Additionally, insurance law dictates that “[n]o policy or certificate shall provide coverage for conversion therapy rendered by a mental health professional to an individual under the age of 18 years.” N.Y. Comp. Codes R. & Regs. tit. 11, § 52.16(2).

New York has a juvenile justice-specific ombudsman.

Statute:

None known.

Regulation:

18 NYCRR 180.5(a)(6)
Administration and operation of detention
“Staff and volunteers of detention providers shall not engage in discrimination or harassment of families receiving preventative services on the basis of race, creed, color, national origin, age, sex, religion, sexual orientation, gender identity or expression, marital status, or disability. Detention providers shall promote and maintain a safe environment, take reasonable steps to prevent such discrimination or harassment by staff and volunteers, promptly investigate incidents of discrimination and harassment, and take reasonable and appropriate corrective or disciplinary action when such incidents occur.”

Policy:

State of New York, Office of Children and Family Services, 09-OCFS-INF-06, Promoting a Safe and Respectful Environment for Lesbian, Gay, Bisexual, Transgender, and Questioning Children and Youth in Out-of-Home Placement (Dec. 30, 2009)
http://on.ny.gov/2bRhew8

State of New York, Office of Children & Family Services, PPM 3442.00, Lesbian, Gay, Bisexual, Transgender and Questioning Youth (2008)
https://www.nycourts.gov/ip/judicialinstitute/transgender/220U.pdf

PREA Policy:

https://ocfs.ny.gov/main/rehab/prea.asp

State Agency Website:

https://ocfs.ny.gov/main/rehab/

Grievance Procedure:

None known.

Ombudsman:

New York State Office of Children and Families
http://ocfs.ny.gov/main/regionaloffices_main.asp

Additional Provisions:

New York City*

New York City has nondiscrimination policies specific to upholding the rights of LGBTQ youth in care, and a policy and guidelines for meeting the needs of transgender and gender-nonconforming youth in the juvenile justice system. The city also has a nondiscrimination policy specific to LGBTQI youth under the Department of Probation.

The city has an ombudsman for child welfare and juvenile justice-related issues.

Statute:

None known.

Regulation:

None known.

Policy:

City of New York, Administration for Children’s Services, Promoting a Safe and Respectful Environment for LGBTQ Youth and their Families Involved in the Child Welfare, Detention and Juvenile Justice Systems (2012)
http://www1.nyc.gov/assets/acs/pdf/lgbtq/LGBTQ_Policy.pdf

City of New York, Administration for Children’s Services, Non-Discrimination – Youth and Families (2008)
http://on.nyc.gov/2c9HaFa

City of New York, Administration for Children’s Services, Safe and Respected: Policy, Best Practices, & Guidance for Serving Transgender, Gender Expansive, & Nonbinary Children and Youth Involved in the Child Welfare, Detention, and Juvenile Justice Systems (2017)
https://www1.nyc.gov/assets/acs/pdf/lgbtq/SAFEAndRespectedUpdate061417.pdf

New York City Department of Probation, Procedure #25-01-15, Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex Anti-Discrimination Policy (June 23, 2015)
http://equityproject.org/wp-content/uploads/2015/07/DOP-EPAP.pdf

PREA Policy:

http://www1.nyc.gov/site/acs/about/partners/JJProviders/CloseToHome/governance.page
Scroll down to “Prevention, Detection, and Response to Sexual Misconduct in Limited Secure Juvenile Justice Placement (PREA)”

City Agency Website:

https://www1.nyc.gov/site/acs/justice/juvenile-justice.page

Grievance Procedure:

http://www1.nyc.gov/site/acs/about/advocacy.page

Ombudsman:

New York City
Office of Advocacy/ACS Parents’ and Children’s Rights Unit
150 William Street, 18th Floor
New York, New York 10038
Phone: (212) 676-9421
http://www.nyc.gov/html/acs/html/advocacy/office_advocacy.shtml

Additional Provisions:

North Carolina

North Carolina has no explicit protection from discrimination on account of sex (or gender), sexual orientation, gender identity or gender expression for youth in the juvenile justice system in state statute, regulation or agency policy.

The state has no ombudsman.

Statute:

None known.

Regulation:

None known.

Policy:

None known.

PREA Policy:

https://www.ncdps.gov/Adult-Corrections/Prison-Rape-Elimination-Act

State Agency Website:

https://www.ncdps.gov/juvenile-justice

Grievance Procedure:

None known.

Ombudsman:

None known.

Additional Provisions:

North Dakota

North Dakota has policy protection from discrimination on account of sex, sexual orientation and gender identity for youth in the juvenile justice system.

The state has no ombudsman, but there is an Appeals Supervisor for the Department of Human Services.

Statute:

None known.

Regulation:

None known.

Policy:

North Dakota Department of Corrections and Rehabilitation, Division of Juvenile Services
North Dakota Facility (Detention) Rules
“Rule 31: The rights of juveniles in detention may not be diminished or denied for disciplinary reasons. Written policies and procedures must provide that juveniles are assured their rights, subject only to the limitations necessary to maintain order and security in the facility. The juvenile shall sign a document stating that the juvenile understands his or her rights. Juvenile rights include:
A. Freedom from discrimination because of race, national origin, religion or creed, genetics, sex, sexual orientation, gender identity, or disability, and shall receive equal treatment under all policies and procedures of this facility.”
https://bit.ly/2DcsAtZ

PREA Policy:

https://docr.nd.gov/about/prea-information

State Agency Website:

https://docr.nd.gov/

Grievance Procedure:
None known.

Ombudsman:

North Dakota Department of Human Services
Appeals Supervisor, Legal Advisory Unit
600 E Boulevard Avenue, Dept. 325
Bismarck, North Dakota 58505-0250
Phone: (701) 328-2311
Toll-Free: (800) 472-2622
Email: dhslau@nd.gov

Additional Provisions:

Ohio*

Ohio has a nondiscrimination policy specific to upholding the rights of LGBTI youth in the juvenile justice system.

The Department of Youth Services has a Support Services Director.

Statute:

None known.

Regulation:

Ohio Admin. Code 5101:2-5-35
Children’s rights
“(A) No agency, foster caregiver or residential facility or any employee of an agency or residential facility shall in any way violate any of the following rights of children:
(1) The right to enjoy freedom of thought, conscience, and religion or to abstain from the practice of religion.
(2) The right to reasonable enjoyment of privacy.
(3) The right to have his or her opinions heard and be included, to the greatest extent possible, when any decisions are being made affecting his life.
. . .
(8) The right to receive adequate and appropriate food, clothing, and housing.”

Policy:

Ohio Department of Youth Services, Standard Operating Procedure No. 304.02.01, Lesbian, Gay, Bisexual, Transgender and Intersex Youth (May 10, 2013)
http://www.equityproject.org/resource/ohio/

PREA Policy:

http://www.dys.ohio.gov/Inside-DYS/Youth-Safety-PREA

State Agency Website:

http://www.dys.ohio.gov/

Grievance Procedure:
Ombudsman:

Joseph Andrews, Support Services Director
Ohio Department of Youth Services
30 West Spring Street, 5th Floor
Columbus, Ohio 43215
Phone: (614) 837-2737

Additional Provisions:

Oklahoma

Oklahoma has no explicit protection from discrimination on account of sex (or gender), sexual orientation, gender identity or gender expression for youth in the juvenile justice system in state statute, regulation or agency policy.

The Department of Human Services has an Office of Client Advocacy.

Statute:

None known.

Regulation:

None known.

Policy:

None known.

PREA Policy:

https://www.ok.gov/oja/PREA.html

State Agency Website:

https://www.ok.gov/oja/

Grievance Procedure:

None known.

Ombudsman:

Oklahoma Department of Human Services
Office of Client Advocacy
PO Box 25352
Oklahoma City, Oklahoma 73125-0352
Phone: (405) 525-4850
Fax: (405) 525-4855
http://www.okdhs.org/library/news/mk/Pages/comm07202011i.aspx

Additional Provisions:

Oregon*

Oregon has statewide policy-based protections against discrimination on account of gender, sexual orientation and gender identity for youth in the juvenile justice system. Oregon also has a nondiscrimination policy upholding the rights of LGBTQI youth in the juvenile justice system.

The state prohibits mental health care professionals from practicing “conversion therapy” on recipients under 18 years of age. The law defines conversion therapy as “providing professional services for the purpose of attempting to change a person’s sexual orientation or gender identity.” Or. Rev. Stat. Ann. § 675.850.

The state has an Oregon Youth Authority.

Statute:

None known.

Regulation:

None known.

Policy:

Oregon Youth Authority, Ch. 416, Div. 435, OYA Transgender, Gender Nonconforming, and Intersex Offenders (Dec. 22, 2017)
https://secure.sos.state.or.us/oard/displayDivisionRules.action;JSESSIONID_OARD=NwnIPsqWayi5Tacvj-j7zcwwqNleBlldjMqZ3WDGVvtUtrVysrzh!479495115?selectedDivision=4294

Oregon Youth Authority
Policy Statement, Part II – Youth Services, Offender Rights (Oct. 31, 2011)
“OYA staff must treat offenders equally, regardless of race, ethnicity, religious beliefs, national origin, gender, physical or mental disabilities, sexual orientation or gender identity (LGBTQQ). OYA provides offenders programs and services necessary to promote their personal reformation and development while addressing their criminogenic needs and case plan goals. These services are designed to maintain an offender’s physical and psychological wellbeing and are equally available to all offenders.”
https://www.oregon.gov/oya/policies/ii-f-1.0.pdf

PREA Policy:

http://www.oregon.gov/oya/pages/pso/prea.aspx

State Agency Website:

http://www.oregon.gov/OYA/pages/index.aspx

Grievance Procedure:
Ombudsman:

Oregon Youth Authority
530 Center Street NE, Suite 500
Salem, OR 97301-3777
Phone: (503) 373-7205
Fax: (503) 373-7622
Email: oya.info@oya.state.or.us
https://www.oregon.gov/oya/Pages/contact_us.aspx

Governor’s Advocacy Office
DHS Ombudsmen
Children&’s Ombudsman
500 Summer Street NE
Salem, Oregon 97301
Phone: (503) 945-6904
Fax: (503) 378-6532 
Toll-free: (800) 442-5238
TTY: (503) 945-6214
Email: dhs.info@state.or.us
https://www.oregon.gov/DHS/ABOUTDHS/Pages/gao.aspx

Additional Provisions:

Pennsylvania

Pennsylvania has regulatory-based protection against discrimination on account of sex and sexual orientation and policy-based protection against discrimination on account of sex, sexual orientation, gender identity, or gender expression for youth in the juvenile justice system.

The Philadelphia Juvenile Justice Center has a policy upholding the rights of LGBT youth under its care.

The Pennsylvania Department of Human Services has regional support offices.

Statute:

None known.

Regulation:

55 Pa. Code 3800.32(a)
Specific Rights
“Children in Residential and Day Treatment Facilities (including detention facilities, but not covering facilities run directly by the Department) may not be discriminated against because of race, color, religious creed, disability, handicap, ancestry, sexual orientation, national origin, age or sex.”

Policy:
Local Policy:
The Philadelphia Juvenile Justice Center, Policy 16.6, Non-Discriminatory Treatment of Lesbian, Gay, Bisexual and Transgender (LGBT) Youth
http://www.equityproject.org/wp-content/uploads/2015/01/Philadelphia-YSC-LGBT-Policy.pdf

PREA Policy:

http://www.dhs.pa.gov/citizens/juvenilejstcsrvcs/prea/

State Agency Website:

https://bit.ly/2r5wJIB

Grievance Procedure:
Ombudsman:

Pennsylvania Department of Human Services
Regional Children Youth and Families Offices
http://bit.ly/2by3AwQ

Additional Provisions:

Puerto Rico

Puerto Rico has no explicit protection from discrimination on account of sex (or gender), sexual orientation, gender identity or gender expression for youth in the juvenile justice system in state statute, regulation or agency policy.

Puerto Rico does have an ombudsman.

Statute:

None known.

Regulation:

None known.

Policy:

None known.

Grievance Procedure:

None known.

Ombudsman:

Additional Provisions:

Rhode Island*

Rhode Island has statutory-, regulatory- and policy-based protection against discrimination on account of sex (or gender), sexual orientation, gender identity and gender expression for youth in the juvenile justice system. Rhode Island also has a nondiscrimination policy specific to upholding the rights of LGBTI youth in its care.

The state prohibits engaging in “conversion therapy efforts” with anyone younger than eighteen. The law defines conversion therapy as “any practices or treatments that seek to change an individual’s sexual orientation or gender identity.” 23 R.I. Gen. Laws Ann. §§ 23-94-2-4.

Rhode Island has an Office of the Child Advocate.

Statute:

R.I. Gen. Laws 42-72-15
Children’s bill of rights
“(q) No child shall be discriminated against on the basis of race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity or expression, socioeconomic status or mental, physical, developmental, or sensory disability, or by association with an individual or group who has, or is perceived to have one, or more of such characteristics.”

Regulation:

R.I. Code R. 14-3-101:1
Residential Child Care Regulations for Licensure: General Provisions
“The Department of Children, Youth, and Families does not discriminate against individuals based on race, color, national origin, sex, gender identity or expression, sexual orientation, religious belief, political belief or handicap. The prohibition against discriminatory practices extends to the agencies, organizations and institutions the Department licenses.”

Policy:

Rhode Island Department of Children, Youth and Families, Department Operating Procedure, Sexual Orientation, Gender Identity and Expression (Nov. 10, 2016)
http://bit.ly/2Cnoqvh

Rhode Island Department of Children, Youth and Families
Residential Child Care Regulations for Licensure (Jan. 22, 2013)
“The Department does not discriminate against individuals based on race, color, national origin, sex, gender identity or expression, sexual orientation, religious belief, political belief or handicap. The prohibition against discriminatory practices extends to the individuals, agencies, organizations and institutions the Department licenses.”
http://www.dcyf.ri.gov/docs/dcyf_residential_child_care_regulations.pdf

PREA Policy:

None known.

State Agency Website:

http://www.dcyf.ri.gov/juvenile_corrections.php

Grievance Procedure:

None known.

Ombudsman:

Rhode Island Office of the Child Advocate
Louis Pastor Building, 4th Floor
57 Howard Avenue
Cranston, Rhode Island 02920
Phone: (401) 462-4300
Fax: (401) 462-4305
http://www.child-advocate.ri.gov/index.php

Additional Provisions:

South Carolina

South Carolina has no explicit protection from discrimination on account of sexual orientation, gender identity or gender expression for youth in the juvenile justice system in state statute, regulation or agency policy. Sex is a protected class in agency policy.

The state has an Office of Children’s Affairs as well as an Office of the Ombudsman.

Statute:

None known.

Regulation:

None known.

Policy:

“The South Carolina Department of Juvenile Justice does not discriminate in any programs or activities on the basis of race, color, national origin, sex, disability or age.”
http://www.state.sc.us/djj/fact-sheets.php#Policy%20Statements
(Click “DJJ’s Mission Statement”)

PREA Policy:

http://www.state.sc.us/djj/prea.php

State Agency Website:

http://www.state.sc.us/djj/

Grievance Procedure:

None known.

Ombudsman:

South Carolina State Office of Children’s Affairs
1200 Senate Street, Suite 104
Columbia, South Carolina 29201
Phone: (803) 734-5049
Fax: (803) 734-0799
http://ca.sc.gov/

South Carolina Office of Ombudsman
Wade Hampton Building
1205 Pendleton Street
Columbia, South Carolina 29201
Phone: (803) 734-5049
http://ombudsman.sc.gov/index.html

Additional Provisions:

South Dakota

South Dakota has no explicit protection from discrimination on account of sexual orientation, gender identity or gender expression for youth in the juvenile justice system in state statute, regulation or agency policy. Sex is a protected class in agency policy.

The state has no ombudsman.

Statute:

None known.

Regulation:

None known.

Policy:

South Dakota Department of Corrections
Juvenile Offender Living Guide (July 28, 2017)
“It is your right to be free of physical or emotional injury, neglect, or sexual abuse. The DOC is committed to maintaining an environment free of harassing, discriminatory and offensive behavior based on race, color, religion, national origin, sex (including pregnancy), age, genetic information, disability or any other legally protected status.”
http://bit.ly/2qpcZ4Q

PREA Policy:

https://doc.sd.gov/about/PrisonRapeEliminationAct.aspx

State Agency Website:

https://doc.sd.gov/juvenile/

Grievance Procedure:

None known.

Ombudsman:

None known.

Additional Provisions:

Tennessee*

Tennessee has a nondiscrimination policy specific to upholding the rights of LGBTQI youth in the juvenile justice system.

The state has a Commission on Children and Youth.

Statute:

None known.

Regulation:

None known.

Policy:

State of Tennessee Department of Children’s Services, Administrative Policies and Procedures 20.20, Guidelines for Managing Children/Youth in DCS Custody Related to Sexual Orientation, Gender Identity and Expression (Jan. 30, 2015)
https://files.dcs.tn.gov/policies/chap20/20.20.pdf

Tennessee Department of Children’s Services
Clients Rights Handbook (p. 3)
“You have the right to:
Available services, regardless of your age, race, ethnicity, gender, religious or political affiliation, sexual orientation, sexual identity, physical or mental disability, or infectious disease, and the right to referral, as appropriate, to other service providers.”
https://bit.ly/2B7DwUa

PREA Policy:

https://www.tn.gov/dcs/program-areas/juvenile-justice/prea.html

State Agency Website:

https://www.tn.gov/dcs/program-areas/juvenile-justice.html

Grievance Procedure:

None known.

Ombudsman:

Gerald Papica
TCCY Ombudsman Program Director
710 James Robertson Parkway
Phone: (615) 532-1572
Toll-Free: (800) 264-0904
gerald.papica@tn.gov
https://www.tn.gov/tccy/ombuds.html

Additional Provisions:

Texas

Texas has regulatory- and policy-based protections against discrimination on account of sex (or gender), sexual orientation and gender identity for youth in the juvenile justice system.

Harris County has a policy specific to upholding the rights of LGBTI youth in the juvenile justice system.

The state has a dedicated juvenile justice ombudsman.

Statute:

None known.

Regulation:

Tex. Admin. Code tit. 37, § 351.15
Short Term Detention Facilities: Residents’ Rights
“(a) Illegal Discrimination. Residents shall not be subjected to discrimination based on race, national origin, religion, sex, or disability.”

Tex. Admin. Code tit. 37, § 355.620
Non-Secure Correctional Facilities: Illegal Discrimination
“Residents shall not be subjected to discrimination based on race, national origin, religion, sex, sexual orientation, gender identity, or disability.”

Tex. Admin. Code tit. 37, § 380.8524
State-Operated Programs and Facilities: Assessment for Safe Housing Placement
“(6) LGBTI youth must not be placed in a particular housing unit, bed, or other program assignment based solely on the basis of such identification or status.”

Tex. Admin. Code tit. 37, § 380.9301
Basic Youth Rights
“(a) Purpose. This rule establishes certain basic rights that are recognized for each youth in the Texas Juvenile Justice Department (TJJD).
. . .
(c) Right to Equal Treatment. Youth have the right not to be discriminated against because of race, sex, language, national origin, disabilities, sexual orientation, gender identity, religion, or personal opinions.”

Tex. Admin. Code tit. 37, § 380.9337(e)
Prevention Planning.
“(4) Limits to Cross-Gender Viewing and Searches.
. . .
(B) TJJD does not search or physically examine a transgender or intersex youth for the sole purpose of determining the youth’s genital status. The status may be determined during conversations with the youth, by reviewing medical records, or as part of a broader medical examination conducted in private by a medical practitioner.”

Tex. Admin. Code tit. 37, § 380.9337(g)
Training and Education.
“(1) Employee Training.
(A) TJJD provides PREA [Prison Rape Elimination Act]-related training to all employees who may have contact with youth. The training is tailored to the unique needs and attributes of youth in juvenile facilities and to the specific gender(s) represented at the facility. The training addresses:
. . .
(ix) how to communicate effectively and professionally with youth, including lesbian, gay, bisexual, transgender, intersex, or gender nonconforming youth[.]”

Tex. Admin. Code tit. 37, § 380.9337(h)
Screening for Risk of Sexual Victimization and Abusiveness.
“(2) Placement of Youth in Housing, Bed, Program, Education, and Work Assignments.
. . .
(C) Lesbian, gay, bisexual, transgender, or intersex youth are not placed in particular housing, bed, or other assignments solely on the basis of such identification or status. TJJD does not consider such identification or status as an indicator of likelihood of being sexually abusive.
(D) For each transgender or intersex youth, TJJD:
(i) makes a case-by-case determination when assigning the youth to a male or female facility and when making other housing and programming assignments, considering the youth’s health and safety and any management or security concerns;
(ii) gives serious consideration to the youth’s own views concerning his/her own safety when making placement and programming assignments;
(iii) reassesses the placement and programming assignments at least twice each year to review any threats to safety experienced by the youth; and
(iv) provides the opportunity to shower separately from other youth.”

Tex. Admin. Code tit. 37 § 345.310(2)
Code of Ethics
“Juvenile justice professionals must not:
. . .
(E) discriminate against any employee, juvenile, parent or guardian on the basis of race, ethnicity, gender, disability, national origin, religion, sexual orientation, political belief or socioeconomic status[.]”

Policy:

Texas Juvenile Justice Department
General Administrative Policy Manual
GAP.380.9301, Basic Youth Rights (Oct. 1, 2015)
“Youth have the right not to be discriminated against because of race, sex, language, national origin, disabilities, sexual orientation, gender identity, religion, or personal opinions.”
http://www.tjjd.texas.gov/policies/gap/380/93/gap3809301.pdf

Texas Juvenile Justice Department
Parents of Incarcerated Children Bill of Rights
“As a parent, you have the right to know that you and your child will be treated fairly regardless of race, religion, national origin, language, economic status, disability, gender, sexual orientation, or age and that each child will be treated as an individual.”
http://www.tjjd.texas.gov/programs/parents_billof_rights.aspx

Local Policy:

Sheriff, Harris County, Texas, Department Manual, Policy #413, Lesbian, Gay, Bisexual, Transgender and Intersex (L.G.B.T.I.)
http://www.harriscountyso.org/documents/PREA/HCSO_LGBTI_Policy.pdf

Harris County Juvenile Probation, Department Wide Operating Procedure, Lesbian, Gay, Bisexual, Transgender, Questioning or Intersex Youth (Dec. 19, 2016)
https://www.lambdalegal.org/sites/default/files/legal-docs/downloads/policy_tx_20180806_harris-county-juvenile-probation.pdf

PREA Policy:

https://www.tjjd.texas.gov/programs/prea.aspx

State Agency Website:

http://www.tjjd.texas.gov/

Grievance Procedure:
Ombudsman:

Office of the Independent Ombudsman for the Texas Juvenile Justice Department
Building H, 11209 Metric Boulevard
Austin, Texas 78758
Phone: (512) 490-7973
Toll-free: (855) 468-7330
Fax: (512) 490-7626
Email: independent.ombudsman@tjjd.texas.gov
http://www.tjjd.texas.gov/ombudsman/index.aspx

Additional Provisions:

Utah*

Utah has policy protection from discrimination on account of gender, sexual orientation and gender identity for youth in the juvenile justice system. Utah also has a nondiscrimination policy specific to upholding the rights of LGBTQI youth in the system.

The state has an Office of Child Protection Ombudsman.

Statute:

None known.

Regulation:

None known.

Policy:

Utah Department of Human Services, Division of Juvenile Justice Services, Policy No: 04-09, Lesbian, Gay, Bi Sexual, Transgender, Questioning, Intersex (LGBTQI) and Gender Non-Conforming (GNC) Juveniles (rev’d Aug. 2018)

Utah Department of Human Services, Division of Juvenile Justice Services
Policy No: 04-01, Juvenile Rights and Responsibilities (rev’d Jan. 19, 2016)
“B. Staff shall provide each juvenile a copy of the Division’s approved written description of the rights of juveniles (attachment 04-01-A), and place a signed copy in the juvenile’s file. Each juvenile has the basic right:
1. To be free from discrimination based on race, religion, color, gender, gender identity, sexual orientation, or handicap; be treated with respect, dignity, impartiality, and fairness[.]”

PREA Policy:

None known.

State Agency Website:

https://jjs.utah.gov/

Grievance Procedure:

https://justice.utah.gov/results.html?sa=&q=procedures&ie=UTF-8
(Choose “Responding to Discrimination Complaints” and a file will automatically download.)

Ombudsman:

Office of Child Protection Ombudsman
195 North 1950 West
Salt Lake City, Utah 84116
Phone: (801) 538-4589
Toll-free: (800) 868-6413
http://ocpo.utah.gov/

Additional Provisions:

Vermont

Vermont’s Agency of Human Services’ policy prohibits discrimination on account of gender, sexual orientation and gender identity for youth in the juvenile justice system. In addition, Vermont’s Family Services Division has a policy specific to upholding the rights of LGBTQ youth in care.

The state prohibits mental health care providers from practicing “conversion therapy” on minors under 18 years of age. The law defines conversion therapy as any practice that “seeks to change an individual’s sexual orientation or gender identity.” Vt. Stat. Ann. tit. 18, §§ 8351-8353.

Vermont has no known ombudsman.

Statute:

None known.

Regulation:

None known.

Policy:

Vermont Department for Children and Families, Family Services Policy Manual 76, Supporting and Affirming LGBTQ Children & Youth (2017)
http://dcf.vermont.gov/sites/dcf/files/FSD/Policies/76.pdf

State of Vermont Agency of Human Services (AHS)
Chapter/Number 1.11, Non-Discrimination regarding receipt of services and benefits (May 13, 2009)
“[B]enefits and services offered to applicants and recipients must be provided without discrimination based on race, religion, color, gender, sexual orientation, gender identity, national origin, disability, age, or other factors, as required by law.”
http://humanservices.vermont.gov/policy-legislation/policies/01-general-operations-policies/doc051309non-discriminationpolicy.pdf/view

PREA Policy:

http://dcf.vermont.gov/youth/PREA

State Agency Website:

http://dcf.vermont.gov/youth/justice

Grievance Procedure:

None known.

Ombudsman:

Department for Children and Families
Family Services Division
103 South Main Street, Osgood 3
Waterbury, VT 05671-2401
Phone: (802) 241-2131
http://www.dcf.vt.gov/fsd

Additional Provisions:

Virginia

Virginia has regulatory-based protection against discrimination on account of sex and sexual orientation, but not gender identity or gender expression, in the juvenile justice system.

The state has no known ombudsman.

Statute:

None known.

Regulation:

6 Va. Admin. Code 35-150-490
Juveniles’ Rights.
“Juveniles shall not be excluded from a program nor be denied access to services on the basis of race, ethnicity, national origin, color, religion, sex, physical disability, or sexual orientation.”

Policy:

None known.

PREA Policy:

None known.

State Agency Website:

http://www.djj.virginia.gov

Grievance Procedure:

None known.

Ombudsman:

None known.

Additional Provisions:

Washington*

Washington has a nondiscrimination policy specific to upholding the rights of LGBTQI youth in the juvenile justice system.

State law prohibits “[p]erforming conversion therapy on a person under age eighteen,” defining conversion therapy as “a regime that seeks to change an individual’s sexual orientation or gender identity.” S.B. 5722, 65th Leg. (Wash. 2018).

The State Office of the Family & Children has an ombudsman.

Statute:

None known.

Regulation:

None known.

Policy:

Washington State Juvenile Justice & Rehabilitation Administration, Policy 4.60 (50), Ensuring the Health and Safety of LGBTQI Youth in JR (Feb. 27, 2015)
https://www.dshs.wa.gov/sites/default/files/JJRA/jr/documents/JR-Policies/Policy4.60.pdf

Washington State Department of Social and Health Services, Promoting Safety for Lesbian, Gay, Bisexual, Transgender, and Questioning People (rev’d Sept. 2013)
https://www.dshs.wa.gov/sites/default/files/SESA/publications/documents/22-1511.pdf

Washington State Department of Social and Health Services
Administrative Policy #7.22, Cultural Competence (Sept. 22, 2011)
“Purpose: To create and maintain an environment within the Department of Social and Health Services (DSHS) that values and supports cultural competence and embraces respect for the individual differences of our employees and clients. The Department recognizes that everyone has a culture and we have a commitment to promote respect and understanding of diverse cultures, social groups, and individual attributes. Each DSHS administration will ensure cultural competence is integrated into the overall organizational culture and ongoing business.
. . .
For the purposes of this policy, diversity includes and is not limited to the following dimensions listed alphabetically:
. . .
Gender . . . Gender identity & expression . . . Sexual orientation
https://www.dshs.wa.gov/sites/default/files/SESA/odi/documents/07-22.pdf

PREA Policy:

State Agency Website:

https://www.dshs.wa.gov/ra/office-juvenile-justice

Grievance Procedure:
Ombudsman:

Washington State Office of the Family & Children’s Ombuds
6720 Fort Dent Way, Suite 240
Mail Stop TT-99
Tukwila, Washington 98188
Phone: (206) 439-3870
Toll-Free: (800) 571-7321
Fax: (206) 439-3877
http://ofco.wa.gov/

Additional Provisions:

West Virginia

West Virginia has policy-based protection from discrimination on account of sex (or gender) or sexual orientation for youth in the juvenile justice system. The state’s Youth Services Policy requires child welfare workers to treat LGBTQI youth with “respect and competence” and to adhere to all relevant state and federal laws.

Statute:

None known.

Regulation:

None known.

Policy:

West Virginia Department of Health and Human Resources
Bureau for Children and Families
Youth Services Policy (Oct. 31, 2017)
“Effective intervention requires that Youth Services respond in a non-punitive noncritical manner and offer help in the least intrusive way possible. Children and Families shall be treated with dignity and respect by the child welfare staff and all providers of service working with them. It is the Child Welfare System’s responsibility to ensure the rights of children and families being served are protected. In doing so, Child Welfare workers (including Youth service workers, Child Protective Workers, & any agency contracted by the DHHR) shall not assume all children in care are heterosexual, non-transgender or gender-conforming and will treat Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth with respect and competence. They will also adhere to State and Federal Laws related to LGBTQI Youth. All professionals in state and local child welfare systems have an obligation to understand and adhere to the federal laws that protect the families and children in the communities they serve.

Decisions made by Child Welfare Workers, (including Youth Service Workers, Child Protective Service Workers, & any agency contracted by the DHHR) should be made without intentional or unintentional discrimination. This includes discriminating on the basis of age, race, color, sex, mental or physical disability, religious creed, national origin, sexual orientation, political beliefs and limited proficiency in speaking, reading, writing or understanding the English language.” http://dhhr.wv.gov/bcf/policy/Documents/Youth%20Services%20Policy.pdf

West Virginia Division of Juvenile Services
Policy No. 334.00, Resident Rights and Grievance Procedures (Jan. 1, 2018)
“2. The Division has also assured the following rights are provided to residents under its jurisdiction:
. . .
b. To be free from discrimination based on race, religion, national origin, gender, or physical handicap[.]”
https://dcr.wv.gov/resources/Documents/juvenile-center-and-facility-policies/334.00%20-%20Resident%20Rights%20and%20Grievance%20Procedures.pdf

West Virginia Division of Juvenile Services
Policy No. 333.00, Resident Access to Courts and Counsel (Oct. 1, 2015)
“4. Residents are not to be subjected to discrimination based on race, religion, national origin, sex, disability, or political views in making administrative decisions and in providing access to programs.”
https://dcr.wv.gov/resources/Documents/juvenile-center-and-facility-policies/333.00%20-%20Resident%20Access%20to%20Courts%20and%20Counsel.pdf

PREA Policy:

State Agency Website:

https://dcr.wv.gov/Pages/default.aspx

Grievance Procedure:
Ombudsman:

West Virginia Department of Health and Human Resources
Office of Client Services
350 Capital Street - Room 513
Charleston, West Virginia 25301
Toll-Free: (800) 642-8589

Additional Provisions:

Wisconsin

Wisconsin has statutory protection from discrimination on account of sex or sexual orientation, but not gender identity or gender expression, for youth in secure facilities within the juvenile justice system.

Statute:

Wis. Admin. Code DOC § 396.09
Responsibilities of staff.
(1) General responsibilities. All of the following apply to youth and staff shall require that each youth:
(a) Is free from discrimination based on race, national origin, color, creed, sex, age, sexual orientation, marital status, political affiliation, handicap, ethnicity, religion or ancestry.

Regulation:

None known.

Policy:

None known.

PREA Policy:

https://doc.wi.gov/Documents/AboutDOC/PREA/ExecutiveDirective72.pdf

State Agency Website:

https://bit.ly/2Ju1Bcz

Grievance Procedure:
Ombudsman:

Wisconsin Department of Children and Families
201 East Washington Avenue, Second Floor
PO Box 8916
Madison, Wisconsin 53708-8916
Phone: (608) 267-3905
Fax: (608) 266-6836
Email: dcfweb@wisconsin.gov
https://dcf.wisconsin.gov/civilrights/complaint-procedures

Additional Provisions:

Wyoming

Wyoming has no explicit protection from discrimination on account of sexual orientation, gender identity or gender expression for youth in the juvenile justice system in state statute, regulation or agency policy. Sex is a protected class in agency policy.

The Department of Family Services has a dedicated ombudsman.

Statute:

None known.

Regulation:

None known.

Policy:

Wyoming Department of Family Services
Policy No. AHR - 3.15, HR Policies and Procedures (rev’d Oct. 1, 2014)
“As a recipient of Federal financial assistance, the Department of Family Services (DFS) does not exclude, deny benefits to, or otherwise discriminate against any person on the basis of race, color, national origin, sex, religion, disability, political beliefs or age in admission to, participation in, or receipt of the services and benefits of any of its programs and activities, whether carried out by DFS directly or through a contractor or any other entity with whom the DFS arranges to carry out its programs and activities.”
http://bit.ly/2CQX81B

PREA Policy:

https://bit.ly/2HB8mZB

State Agency Website:

http://dfsweb.wyo.gov/social-services

Grievance Procedure:
Ombudsman:

Wyoming Department of Family Services
Complaint Resolution
Clint Hanes
Phone: (307) 777-6597
https://sites.google.com/a/wyo.gov/dfsweb/home/about-us/director-s-office/complaint-resolution

Additional Provisions: