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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 regulatory based protections against discrimination on account of sex for youth in the juvenile system system.

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:

https://dys.alabama.gov/prea
ADYS PREA Coordinator: 1-(334) 604-4233
ADYS Sexual Assault Hotline at 1-855-332-1594

State Agency Website:

https://dys.alabama.gov/

Grievance Procedure:

None known.

Ombudsman:
None known.

Additional Provisions:

Alaska

Alaska has policy based protections against discrimination on account of gender, sexual orientation, gender identity, and 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:
PREA Policy:
State Agency Website:

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

Grievance Procedure:

Ombudsman:
Alaska State Ombudsman
1500 West Benson Boulevard
Anchorage, Alaska 99503
Phone: (907) 269-5290
Fax: (907) 269-5291
Email: ombudsman@akleg.gov
http://ombud.alaska.gov/

Additional Provisions:

Arizona

Arizona has regulatory based protections against discrimination on account of gender and sexual orientation for youth in the juvenile justice system. Arizona Juvenile Corrections’ has policy based protections against discrimination on account of gender, sexual orientation and gender identity for youth in the juvenile justice system.

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 Arizona Department of Juvenile Corrections - Juvenile Ombudsmen (Ombuds)
https://adjc.az.gov/operational-support/legal-systems

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 regulatory based protections against discrimination on account of gender and sexual orientation for youth in the juvenile justice system. Arkansas Department of Human Services, Division of Youth Services has policy based protections against discrimination on account of sex, gender, sexual orientation, gender identity, and gender expression for youth in the juvenile justice system.

Arkansas has a Juvenile Justice ombudsman.

Statute:

None known.

Regulation:

Code Ark. R. 016.01.10-7000.2 Administration and Management - Core Beliefs
“The Division of Youth Services (DYS) believes that: …
(9) All children and youth in the state should have equal opportunities for services and success, without regard to gender, race, ethnicity, disability, geographic location, or income level.”

Code Ark. R. 016.01.10-7240.2. Facility Operations – Youth Bill of Rights - Policy.
"(a) The Division of Youth Services (DYS) adopts the following Youth Bill of Rights, to be posted prominently in English and Spanish in DYS facilities and contracted programs, including in dorms, classrooms, dining areas, visitation areas, and administrative areas:
(b) Youth Bill of Rights …
(7) I have the right to feel safe and to be free from: …
(C) Discrimination or harassment by any person based on my or my family's gender, race, ethnicity, national origin, skin color, religion, sexual orientation, disability, or HIV status."

Code Ark. R. 016.01.10-7270.2. Facility Operations – Anti Bullying - Policy.
"(3) DYS is committed to providing students and staff at its residential facilities, whether operated by DYS or its contracted providers, with a safe environment free from discrimination and harassment."

Code Ark. R. 016.01.10-7425.1. Juvenile Services – Reception & Orientation - Intake - Placement.
3) DYS does not discriminate against any youth in its custody based on:
(A) Race; (B) Religion; (C) National origin; (D) Gender; or (E) Disability."

Code Ark. R. 016.01.10-7250.2. Facility Operations – Family Bill of Rights - Policy.
"(b) Family Bill of Rights
(1) You have the right to be treated fairly regardless of your or your child's gender, race, ethnicity, national origin, skin color, religion, sexual orientation, disability, age, or HIV status."

Policy: 

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

Arkansas Department of Human Services, Division of Youth Services
A guide for Families
"Youth Bill of Rights
7. I have the right to feel safe and to be free from ...
Discrimination or harassment by any person based on my or my family’s actual or perceived sex, race, ethnicity, national origin, skin color, religion, sexual orientation, gender identity or expression, disability, or HIV status."
Family Bill of Rights
I. You have the right to be treated fairly, regardless of your or your child’s actual or perceived sex, race, ethnicity, national origin, skin color, religion, sexual orientation, gender identity or expression, disability, age, or HIV status.”
https://humanservices.arkansas.gov/wp-content/uploads/DYS_Family_Handbook.pdf

PREA Policy:

State Agency Website:

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

Grievance Procedure:

7260 Youth Grievance and Appeal (Page 26)
http://170.94.37.152/REGS/016.01.19-002F-19037.pdf

Division of Youth Services
700 Main Street, Slot S-501
Little Rock, AR 72203
501-682-8654
Fax: 501-682-1351

Ombudsman:

Additional Provisions:

California

California has statutory based protections against discrimination on account of sex, sexual orientation, gender identity for youth in the juvenile justice system. California has regulatory based protections against discrimination on account of gender, sexual orientation, gender identity and gender expression and requires ensuring respectful and equitable treatment of transgender and intersex youth. California Department of Corrections and Rehabilitation, Division of Juvenile Justice has policy based protections against discrimination on account of gender, sexual orientation and gender identity.

The Santa Clara County Juvenile Probation Departments has a non-discrimination policy 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 224.73
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:
. . .
(k) 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[.]”

Cal. Code Regs. tit. 15, § 1352.5
Transgender and Intersex Youth.
“The facility administrator shall develop written policies and procedures ensuring respectful and equitable treatment of transgender and intersex youth. The policies shall provide that:
(a) Facility staff shall respect every youth’s gender identity, and shall refer to the youth by the youth’s preferred name and gender pronoun, regardless of the youth’s legal name...
(b) Facility staff shall permit youth to dress and present themselves in a manner consistent with their gender identity, and shall provide youth with the institution's clothing and undergarments consistent with their gender identity.
(c) Facility staff shall house youth in the unit or room that best meets their individual needs, and promotes their safety and well-being. Staff may not automatically house youth according to their external anatomy . . . [and] shall consider the youth’s preferences, as well as any recommendations from the youth's health or behavioral health provider.
(d) Facility administrators shall ensure that transgender and intersex youth have access to medical and behavioral health providers qualified to provide care and treatment to transgender and intersex youth.
(e) . . . [F]acility staff shall make every effort to ensure the safety and privacy of transgender and intersex youth when the youth are using the bathroom or shower, or dressing or undressing. Facility staff shall not conduct physical searches of any youth for the purpose of determining the youth's anatomical sex.”

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:

Santa Clara County Probation Department, Juvenile Lesbian Gay Bisexual and Transgender Policy (October 2013)
https://www.prearesourcecenter.org/sites/default/files/content/scc-lgbt_departmental_policy_0.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 protections against discrimination on account of sex and sexual orientation youth in the juvenile justice system. In addition, Colorado Department of Human Services, Division of Juvenile Corrections has a nondiscrimination policy specific to upholding the rights of LGBTQI youth.

The state prohibits the practice of “[e]ngaging in conversion therapy with a patient who is under eighteen years of age.” The law defines such efforts as “any practice or treatment by a licensed physician specializing in the practice of psychiatry that attempts or purports to change an individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions.” Colo. Rev. Stat. §§ 12-240-104, 12-240-121.

Colorado has a child protection ombudsman who receives complaints regarding the Division of Youth Services.

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:
State Agency Website:

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

Grievance Procedure:

12 Colo. Code Regs. § 2509-7:7.606
“The governing body of each county, and city and county, shall establish a grievance process, including a citizen review panel, as required by Section 19-3-211, C.R.S. A grievance filed by a complainant concerning the conduct of a county department employee can be submitted to the county department or the Colorado Department of Human Services Client Services unit.”

Ombudsman:

Additional Provisions:

Connecticut*

Connecticut Department of Children & Families has policy based protections from discrimination on account of sexual orientation, gender identify, or gender expression. The Department has a nondiscrimination policy specific to upholding the rights of LGBTQI youth in care and 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 21-16, Non-Discrimination of LGBTQQIAA Individuals (Jan. 2, 2019)
https://portal.ct.gov/-/media/DCF/Policy/Chapters/21-16.pdf

Connecticut Department of Children & Families, Working with Transgender Youth and Caregivers Practice Guide (updated Dec. 2018)
https://portal.ct.gov/-/media/DCF/Policy/BPGuides/21-16PG-Transgender.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: 

https://portal.ct.gov/DCF/OCR/Home

Ombudsman:
Office of the Child Advocate
165 Capitol Avenue
Hartford CT 06106
Phone Number: 860-566-2106
Toll-Free: 800-994-0939
Fax: 860-326-0569
E-mail: oca@ct.gov
Website: https://portal.ct.gov/OCA

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

Additional Provisions:

Delaware*

Delaware has policy based protection against discrimination on account of gender, sex, sexual orientation, gender identity or gender expression for youth in the juvenile justice system. Delaware Division of Youth Rehabilitative Services has a nondiscrimination policy specific to upholding the rights of LGBTQI youth.

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 (April 1, 2019) 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.”
https://kidsfiles.delaware.gov/policies/dscyf/dsc217-non-discrimination.pdf

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/youth-rehabilitative-services/prea/

State Agency Website:

https://kids.delaware.gov/youth-rehabilitative-services/

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@delaware.gov
http://kids.delaware.gov/contact.shtml

Additional Provisions:

District of Columbia*

The District of Columbia has statutory based protections against discrimination on account of sex, sexual orientation, gender identity and gender expression for youth in the juvenile justice system. The District of Columbia, Department of Youth Rehabilitation has a nondiscrimination 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 Columbia, 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/about-dyrs

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 policy based protections against discrimination on account of gender and sexual orientation for youth in the juvenile justice system.

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

Statute:

None known.

Regulation:

None known.

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.”
https://www.djj.state.fl.us/partners-providers-staff/policies-resources/department-policies/policies-by-office-bureau/general-counsel/rights-of-youth-in-djj-care-custody-or-supervision

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: OIGComplaints@fldjj.gov
http://www.djj.state.fl.us/services/support/OIG

Additional Provisions:

Georgia*

Georgia Department of Juvenile Justice has policy based protections against discrimination on account of sex, gender, sexual orientation for youth in the juvenile justice system. 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) (Jan. 25, 2018)
“The Facility Leadership Team, in coordination with the youth’s Managing Team will review the housing decisions for transgender youth and the review will be based on the youth’s individualized needs and will prioritize the youth’s emotional and physical safety, taking into account the youth’s perception of where he or she will be most secure, as well as any recommendation by the health care staff. To ensure their privacy and safety, transgender or intersex youth will be provided a single room...
LGBTI youth will not be physically searched for the purpose of determining the youth’s physical anatomy...
If, prior to arriving at the facility, a transgender youth was receiving transgender-related medical care, such as hormone therapy, medical services staff will consult with the youth’s medical providers and will continue to provide the youth with all transition related treatments that are medically necessary according to the youth’s provider and accepted professional standards and best practices...
If the youth is under age 18, parental consent is necessary for hormone therapy regardless of whether the youth was receiving hormone therapy prior to commitment.”
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 (Nov. 15, 2017)
“All youth (male or female) 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, political views, age, national origin, 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
https://oca.georgia.gov/request-oca-assistance-or-investigation

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
https://djj.georgia.gov/parents-and-guardians/office-ombudsman

Georgia’s Office of the Child Advocate
7 Martin Luther King, Jr., Dr., SE
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 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. Guam Division of Public Welfare does require compliance with USDA nondiscrimination protections which include sex, sexual orientation, and gender identity based on USDA Guidance.
USDA Application of Bostock v. Clayton County to Program Discrimination Complaint Processing – Policy Update

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 Department of Human Services has policy based protections against discrimination on account of sex/gender (expression or identity), sexual orientation. 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

Hawaii Department of Human Services, Non-discrimination Notice
"In accordance with federal and state laws, U. S. Department of Agriculture (USDA), and U.S. Department of Health and Human Services (USHHS) policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex/gender (expression or identity), age or disability."
http://humanservices.hawaii.gov/oys/
[Select Non-discrimination notice at bottom of page]

PREA Policy:
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
Email: complaints@ombudsman.hawaii.gov
https://www.ombudsman.hawaii.gov/
https://www.ombudsman.hawaii.gov/got-a-complaint/
 
State of Hawaii Department of Human Services
Office of Youth Services
Phone:808-587-5710
Fax: 808-587-5734
1010 Richards Street, Suite 314
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 protections against discrimination on the basis of sex, and policy based protections against discrimination the basis of 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.
“5. Policy and Procedures. The detention center administrator shall develop and maintain written policy and procedures which safeguard the basic rights of juvenile offenders and 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. After such approval, a copy of the policy and procedures manual shall be submitted to the Department. (7-1-21)T”

Idaho Admin. Code r.05.01.02.227
“Any search or physical examination of transgender or intersex residents for the sole purpose of determining genital status is prohibited.”

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
[Link Currently Unavailable]

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/about/prison-rape-elimination-act-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:
Office of the Independent Juvenile Ombudsman
Illinois Department of Juvenile Justice
1112 S. Wabash Ave. 2nd floor
Chicago, IL 60605
Phone: 312-814-8990
Email: karima.douglas@illinois.gov
https://www2.illinois.gov/idjj/Pages/IndependentOmbudsman.aspx

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 protections against discrimination on account of sex, sexual orientation, gender identity and gender expression in the juvenile justice system. Additionally, Indiana Department of Correction, Division of Youth Services has excplicty policy based protections against discrimination for both children and parents/guardians on account of gender and sexual orientation in the juvenile justice system invovlement.

Indiana’s Department of Correction has an Ombudsman Bureau.

Statute:

None known.

Regulation:

None known.

Policy:

Indiana Department of Correction, Division of Youth Services, Student Handbook (2010)
"All youth have the right to be respected and treated fairly, no matter your sexual orientation, gender identity/expression or committing offense...
Just because you are in DYS, 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 in order 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 ...
6. 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 youth to all services, programs or assignment to housing or jobs."
https://www.in.gov/idoc/dys/files/DYS-handbook-7-1-19.pdf

Indiana Department of Correction, Division of Youth Services, Family Handbook for the Division of Youth Services
"It is the policy of the Division of Youth Services not to discriminate on the basis of race, color, national origin, sex, or handicap in its vocational programs, services, or activities as required by Title VI of the Civil Rights Act of 1964, as amended; Title IX of the Education Amendments of 1972; and Section 504 of the Rehabilitation Act of 1973, as amended."
https://www.in.gov/idoc/dys/files/DYS_family_handbook_final-updated.pdf

Parents/Guardians Bill of Rights, Indiana DOC/Division of Youth Services
"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."
https://www.in.gov/idoc/dys/files/Parent-Guardian_Bill_of_Rights.pdf

PREA Policy:

https://www.in.gov/idoc/dys/files/DYS-handbook-7-1-19.pdf

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 protections against discrimination on account of sex, sexual orientation, and gender identity for anyone seeking to access services.

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:

https://dhs.iowa.gov/mhds/mental-health/in-patient/juvenile-facility/eldora/prea

State Agency Website:

https://dhs.iowa.gov/home
https://dhs.iowa.gov/mhds/mental-health/in-patient/juvenile-facility/eldora
(Iowa's State Training School is a program within Iowa DHS)

https://humanrights.iowa.gov/cjjp
(Iowa Department of Human Services administers Juvenile Justice grant programs)

Grievance Procedure:

None known.

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

Additional Provisions:

Kansas

Kansas has regulatory protections against discrimination on account of sex for youth in the juvenile justice system. Kansas Department of Corrections, Division of Juvenile Services has policy-based protections against discrimination on account of gender, sex and sexual orientation for youth in the juvenile justice system.

Kansas has no known ombudsman.

Statute:

None known.

Regulation:

Kan. Admin. Regs. § 28-4-355a
“Written policies and procedures shall provide that juveniles are assured their rights subject only to the limitations necessary to maintain order and security in the center. Procedures and practice shall ensure the following: . . .
(2) freedom from discrimination based on race, culture, religion, national origin, sex or disability; . . .
(10) medical treatment and emergency dental care, . . .
(13) the right to determine the length and style of hair, except when a physician determines that a haircut is medically necessary"

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
[Link Currently Unavailable]

Kansas Department of Corrections, Division of Juvenile Services
Immediate Intervention Program Standards
Standard No. IIP-01-110, Non-Discrimination
"Written policy, procedure and practice shall require that Immediate Intervention Programs (IIP’s) and their 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/iip-01-110

Kansas Department of Corrections, Division of Juvenile Services
Community Supervision Standards
Standard No. CSS 01-111, Non-Discrimination
"Written policy, procedure and practice shall require that the Community Supervision Agency 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/standards/chapter-1/01-111

Kansas Department of Corrections, Division of Juvenile Services
Juvenile Intake and Assessment System Standards
Standard No. JIAS-01-110, Non-Discrimination
“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

The Kansas Department of Corrections
"The State of Kansas does not discriminate on the basis of race, color, national origin, religion, sex, disability, sexual orientation, or age in the delivery of services." https://www.doc.ks.gov/

PREA Policy:

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

State Agency Website:

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

Grievance Procedure:
Ombudsman:

None known.

Additional Provisions:

Kentucky*

Kentucky has regulatory based protections against discrimination on account of sex. Kentucky Department of Juvenile Justice has 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:

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...
(5) There shall be no restrictions on the right of juveniles to determine the length and style of their hair, except in individual cases where such restrictions are necessary for reasons of health and safety."

Policy:

Kentucky Department of Juvenile Justice Policy and Procedures, DJJ 912, Sexual Orientation and Gender Identity
"DJJ staff shall respect the dignity of heterosexual, lesbian, gay, bisexual, transgender, questioning, and intersex (LGBTQI) juveniles and create an environment that is safe and free of discrimination."
https://djj.ky.gov/900%20Policy%20Manual/DJJ%20912%20Sex%20Orientation%20and

Kentucky Department of Juvenile Justice Policy and Procedures
DJJ 205, Youth Rights
“The following rights shall be afforded to all youth:
. . .
Youth shall not be subject to and shall be free from discrimination. It shall be prohibited to discriminate based on a youth’s 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."
https://djj.ky.gov/200%20Policy%20Manual/DJJ%20205%20Youth%20Rights%20040519.pdf

PREA Policy:

https://djj.ky.gov/Pages/Prison-Rape-Elimination-Act.aspx

State Agency Website:

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

Grievance Procedure:
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:

Nondiscrimination

La. Admin Code. tit. 67, pt. V, §7513(G)(4)
Juvenile Detention Facilities: Admission and Release
"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.”

Training

La. Admin Code. tit. 67, pt. V, § 7511(B)(F)(3)(a)(ii)(d)
Juvenile Detention Facilities: Facility Responsibilites
"(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[.]"

Policy:

State of Louisiana, Office of Juvenile Justice
Non-Discriminatory Services to Lesbian, Gay, Bisexual, Transgender, Intersex, Questioning (LGBTIQ), and Nonconforming Youth, Youth Services Policy No. B.2.20
"[E]mployees, contract providers and volunteers shall not discriminate against or harass youth in their care for any reason, including their perception of the youth’s sexual orientation or gender identity."
https://ojj.la.gov/wp-content/uploads/2021/11/B.2.20.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)
"Staff shall not discriminate against or harass, physically or verbally, any youth in our care because the juvenile is lesbian, gay, bisexual or transgender or because a staff member perceives a juvenile to be LGBT."
https://www.njjn.org/uploads/digital-library/New-Orleans-Louisiana-Juvenile-Detention-Center-LGBT-Policies-8.11.pdf
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:
Youth Services Policy – Complaints and Grievances

https://ojj.la.gov/wp-content/uploads/2021/10/D.10.21.pdf

Ombudsman:
None known.

Additional Provisions:

Maine*

Maine has regulatory based protections against discrimination on account of gender and sexual orientation for youth in the juvenile justice system. Maine Department of Corrections has policy based protections against discrimination on account of gender, sexual orientation, and gender identity. Maine Department of Corrections has an LGBTQ+ specific policy regarding upholding the rights of LGBTQ+ youth.

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 (Apr. 1, 2021)
"The Department of Corrections recognizes the right of residents, community corrections clients, volunteers, visitors, and others involved with the Department to be free of discrimination. Discrimination based race, color, gender, sexual orientation, gender identity, ancestry, national origin, genetic information, age, physical or mental disability, religion, creed, marital status, political views, 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://www.maine.gov/corrections/sites/maine.gov.corrections/files/inline-files/1.6.pdf

State of Maine Department of Corrections
Policy # 9.5, Transgender, Gender Nonconfirming, and Intersex Clients. (March 16, 2021)
"It is the policy of the Maine Department of Corrections to provide a safe, supportive, and discrimination-free environment that is affirming of every juvenile community corrections client’s gender identity, including transgender, gender nonconforming, and intersex clients." https://www.maine.gov/corrections/sites/maine.gov.corrections/files/inline-files/Policy%209.5.pdf

PREA Policy:

https://www.maine.gov/corrections/about/best-practices/compliance

State Agency Website:

https://www1.maine.gov/corrections/juvenile-services

Grievance Procedure:
https://www1.maine.gov/corrections/policies-procedures-proposed-rules
(Choose “COMMUNITY CORRECTIONS CLIENT GRIEVANCE PROCESS, GENERAL (APA rule)” from the list.)

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 policy based protections against discrimination on account of sex, sexual orientation, gender identity, and gender expression for youth in the juvenile justice system. The Massachusetts Department of Youth Services has LGBTQ+ specific policy regarding upholding the rights of LGBTQ+ youth and best practices on issues including training, disclosure, placement, and healthcare.

The state has an Offfice of the Child Advocate.

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)
"DYS prohibits discrimination by or against an employee, volunteer, contract provider, or youth on the basis of race, creed, color, age, sex, national origin, religion, marital status, mental or physical disability, gender identity, gender expression, intersex condition, sexual orientation, veteran status and criminal record."
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:
600 Washington Street, 4th Floor
Boston, MA 02111
Phone: (617) 727-7575

Ombudsman:
Office of the Child Advocate
Complaint Line: (617) 979-8360
Main Office: (617) 979-8374
Toll Free: (866) 790-3690
Complaint Form: https://oca.force.com/s/oca-casewebform
https://www.mass.gov/orgs/office-of-the-child-advocate

Additional Provisions:

Michigan

Michigan Department of Health and Human Services has policy based protections against discrimination on account of sex, sexual orientation, gender identity, and gender expression for anyone seeking to access services. Michigan Department of Health and Human Services Bureau of Juvenile Justice also has policy based protections against discrimination on account of gender, sexual orientation, or gender identity specifically for youth in the juvenile justice system and training requirements for staff.

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 will not exclude from participation in, deny benefits of, or discriminate against any individual or group because of race, sex, religion, age, national origin, color, height, weight, marital status, gender identification or expression, sexual orientation, partisan considerations, or a disability or genetic information that is unrelated to the person’s eligibility." https://www.michigan.gov/mdhhs/0,5885,7-339-73971_34044-77286--,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

Juvenile Justice Field Services Policy Manuals
JJM 110 - BARJ Philosophy
“The Bureau of Juvenile Justice has incorporated the principles of balanced and restorative justice (BARJ) into the delivery of service to delinquent youth…
The following are the principles of BARJ:… 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.” ...
JJM 700 Juvenile Justice Assignment Unit Placement Process
Lesbian, gay, bisexual, transgender, or intersex residents shall not be placed in particular housing on the basis of such identification or status.”
https://dhhs.michigan.gov/OLMWeb/ex/JJ/Mobile/JJM/JJM%20Mobile.pdf

Juvenile Justice Residential Policy Manuals
JRM 170 Staff Development and Training
“Pursuant to the Prison Rape Elimination Act (PREA), National Standards for Juvenile Facilities, 28 CFR 115.331, train all employees who may have contact with youth on: … How to communicate effectively and professionally with youth, including youth who identify as lesbian, gay, bisexual, transgender or who are intersex or gender nonconforming." ...
JRM 202 Residential Screening and Assessments
“When a youth identifies as transgender, two-spirit or intersex, then his or her own views about his or her own safety must be given serious consideration when making housing and program assignments.” ...
JRM 602 Discipline Response System
“Staff may never use any of the following: …Verbal abuse, ridicule, demeaning or degrading language or actions intended to humiliate. Use of profanity or slurs based on offense, race, ethnicity, gender, religion or sexual orientation.” ...
JRM 630 Seclusion
Lesbian, gay, bisexual, transgender or intersex youth must not be secluded or isolated on the basis of such identification or status.”
https://dhhs.michigan.gov/OLMWeb/ex/JR/Mobile/JRM/JRM%20Mobile.pdf

Questions and answers about Juvenile Justice Assignment Unit No Reject/No Eject
“A refusal [of residential services] cannot be based on the youth’s diagnosis, acuity, criminal or sexual offender status, race, color, religion, national origins, sexual orientation, gender identity, linguistic or cultural needs or previous negative outcomes or experience with the youth”
https://www.michigan.gov/documents/mdhhs/JJ_Assignment_Unit_No_Reject_No_Eject

PREA Policy:
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: 517-241-0400
Toll Free:1-800-642-4326
Complaint Form: https://www.michigan.gov/oco/0,4647,7-133-3190---,00.html
http://www.michigan.gov/oco/

Additional Provisions:

Minnesota

Minnesota has regulatory based protections against discrimination on account of gender and sexual orientation for youth in the juvenile justice system. Minnesota Department of Corrections has policy based instructions specific to the care of Transgender, Gender Nonconforming, and Intersex Youth in the Juvenile Justice system including access to gender affirming healthcare and proper pronoun usage. Minnesota Office of Justice Programs has policy based protections against discrimination on account of sex, sexual orientation, and gender identity that cover youth recieving services from its grantees.

The state has an Ombudsperson for Families and an Ombuds for Corrections. These offices are not specific to the juvenile justice system.

Statute:

None known.

Regulation:

Minn. R. 2960.0050
Department of Corrections, Licensure and Certification of Programs for Children, Resident Rights and Basic Services
“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[.]”

Minn. R. 2960.0080.
Department of Corrections, Licensure and Certification of Programs for Children, Facility Operational Service Policies and Practices
“A. The license holder must not subject residents to: …
(2) verbal abuse, including, but not limited to: name calling; derogatory statements about the resident or resident's family, race, gender, disability, sexual orientation, religion, or culture; or statements intended to shame, threaten, humiliate, or frighten the resident”

Policy:

Minnesota Department of Corrections
202.045 Management of Transgender/Gender Non-Conforming/Intersex Offenders/Residents
https://policy.doc.mn.gov/DOCPolicy/ [select 202.045 from menu]

Minnesota Department of Corrections
204.041 Education - Juvenile Facilities – MCF-Red Wing “All students must have equal access to education programs regardless of race, disability, sex, age, color, national origin or ancestry, creed, religion, familial status, sexual orientation, marital or parental status, or any other legally-protected classification.”
https://policy.doc.mn.gov/DOCPolicy/ [select 204.041 from menu]

Minnesota Office of Justice Programs (OJP)
Discrimination/Harassment Policy & Complaint Process*
"It is the policy of the Minnesota Office of Justice Programs that all OJP staff and each subrecipient program which receives federal funding will not exclude, deny benefits to, or otherwise discriminate against any person in the admission to, participation in or receipt of services or benefits or in employment practices on the basis of race, color, national origin, age, religion, disability, sex and relevant categories set forth in the federal law regarding the specific program area. ...
Discrimination occurs when an individual or a group is treated unfairly or differently from others because of their membership or perceived membership in a protected class ...
Protected class status defined under Federal or Minnesota law include an individual’s race, color, creed, religion, national origin, sex, sexual orientation, gender identity, marital status, public assistance status, familial status, age, disability, or membership or activity in a local commission."
https://dps.mn.gov/divisions/ojp/Pages/default.aspx
*Nondiscrimination protections cover youth in Minnesota OJP Grantees programs, see Grantees below:
https://dps.mn.gov/entity/jjac/funding/Pages/default.aspx

PREA Policy:
State Agency Website:
Minnesota Department of Corrections

https://mn.gov/doc/

Minnesota Office of Justice Programs

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

Grievance Procedure:

https://policy.doc.mn.gov/DOCPolicy/
(select Policy 303.095 - Juvenile Grievance Procedure)

Ombudsman:
State of Minnesota
Office of the Ombuds for Corrections
540 Fairview Ave N, Suite 202
St. Paul, MN, 55104
Email: OBFCComplaints@state.mn.us
Complaint form: https://mn.gov/obfc/complaints/
https://mn.gov/obfc/

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 based protections against discrimination on account of sex for youth in the juvenile justice system. Mississippi Department of Human Services has policy based protections against discrimination on account of sex for anyone seeking to access services.

The state has no known Juvenile Justice ombuds.

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

HHS Nondiscrimination Statement
“The Mississippi Department of Human Services complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, or sex. The Mississippi Department of Human Services does not exclude people or treat them differently because of race, color, national origin, age, disability, or sex.”
https://www.mdhs.ms.gov/wp-content/uploads/2020/10/USDA-and-HHS-NDS-English-1.pdf

PREA Policy:
OYDC PREA Coordinator:
Phone: (601) 857-7708
Email: Yulana.Littles@mdhs.ms.gov
2375 Oakley Road
Raymond, MS 39154
MDHS Program Integrity:
Email: Samantha.Lewis@mdhs.ms.gov.
200 South Lamar Street
Jackson, MS 39201

https://www.mdhs.ms.gov/wp-content/uploads/2019/10/XV.7.-Prison-Rape-Elimination-Act-PREA.pdf

State Agency Website:

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

Grievance Procedure:
Ombudsman:
None known.

Additional Provisions:

Missouri

Missouri has regulatory protections against discrimination on account of sex for youth in the juvenile justice system. The Missouri Department of Social Services has regulatory based protections against discrimination on account of sex and sexual orientation for anyone seeking to access services. Missouri has policy based protections against discrimination on account of sex, gender, and sexual orientation for youth in the juvenile justice system.

Missouri has an Office of Child Advocate.

Statute:

None known.

Regulation:

Mo. Code Regs. Ann. tit. 13, § 110-2.100 Grievance Procedures for Committed Youth In Residential Facilities
“(4) It shall be the duty of the site supervisor of each program to oversee the implementation of the grievance procedure and interpret to youth and staff the following areas which will be considered for grievances…
9) discrimination based upon a youth's race, color, religion, sex, national origin, age, or disability.”

Mo. Code Regs. Ann. tit. 13, § 110-3.060 Grievance Procedure for Youth in Aftercare
“The administrators of each program will oversee the implementation of the grievance procedure. The following areas will be considered for grievances:…
(D) Discrimination based upon a youth's race, color, religion, sex, national origin, age, or disability”

Policy:
Missouri Department of Social Services Nondiscrimination Policy Statement
“DSS applicants for, or recipients of, services from DSS are treated equitably regardless of race, color, national origin, ancestry, sex, age, sexual orientation, disability, veteran status, or religion.” https://dss.mo.gov/files/missouri-nondiscrimination-policy-statement.htm

MO Division of Youth Services Fundamental Practices
"DYS Policy: Juvenile Rights 6.1 ...
D. Not be discriminated against because of race, color, religion, sex, sexual orientation, national origin, disability, or ancestry ...
DSS POLICY Sexual Harassment and Inappropriate Conduct (Policy 2-101 and Nondiscrimination Policy Statement) ...
DSS shall ensure that employees, applicants for employment and contractors are treated equitably regardless of race, color, national origin, ancestry, genetic information, pregnancy, sex, sexual orientation, age, disability, religion, or veteran status.
DSS shall also ensure that recipients of DSS services are treated equitably regardless of race, color, national origin, ancestry, sex, age, sexual orientation, disability, veteran status or religion."
https://dss.mo.gov/dys/pdf/dys-fundamental-practices.pdf

Missouri Standards for Operation of a Juvenile Detention Facility
Section 7 Juvenile Rights
"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://www.mjja.org/resources/publications/
(Choose “Missouri Juvenile Detention Standards” from the list.)

PREA Policy:

No link to policy publicly available

State Agency Website:
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 based protections against discrimination on account of sex, gender, and sexual orientation for youth in the juvenile justice system. Montana Department of Corrections has policy based protections against discrimination on account of sex in detention facilities.

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 3.3.20 Offender Nondiscrimination
"The Department does not tolerate employees committing any forms of discrimination, harassment or retaliation against offenders based upon the offender’s race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin, or in retaliation against an offender because the offender has opposed any discriminatory practices or because the offender has filed a complaint, testified, assisted, or participated in any manner in a discrimination investigation or proceeding." https://www.cor.mt.gov/DataStatsContractsPoliciesProcedures/DataDocumentsandLinks/DOC
Policies/Chapter3/3.3.20-Offender-Nondiscrimination.pdf

*Policy applies to Detention Facilities*

PREA Policy:
State Agency Website:

Grievance Procedure:

Ombudsman:

None known.

Additional Provisions:

Nebraska

Nebraska Department of Health and Human Services has policy based protections against discrimination on account of sex for anyone seeking to access services.

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

Statute:

None known.

Regulation:

83 Neb. Admin. Code §12-001
Rights Of Juveniles, Written Policies and Procedures.
"The facility shall safeguard the basic rights of juveniles through the employment of written policies and procedures that are consistent with fundamental legal principles, sound correctional practice, and humane treatment. The facility's written policies and procedures shall provide, at a minimum, the following: . . .
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.”
https://dhhs.ne.gov/Documents/Notice%20of%20Nondiscrimination%20and%20Program

PREA Policy:
State Agency Website:

https://dhhs.ne.gov/Pages/YRTC-Facilities.aspx

Grievance Procedure:
Ombudsman:

Nebraska Public Counsel (Ombudsman’s Office)
Centre Terrace Bldg
1225 L Street, Ste #300
Lincoln, NE
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
1225 L Street, Suite 300
P.O. 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 and policy based protections against discrimination on account of sex, sexual orientation, gender identity, and gender expression for youth in the juvenile justice system. Additionally, Nevada has statutory cultural competency training requirements for staff and regulatory requirements for gender affirming placement for youth in the juvenile justice system.

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:
Nondiscrimination

Nev. Rev. Stat. § 62B.510
Rights of child placed in detention facility
“Except as otherwise provided in NRS 62B.520, 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."

Training

Nev. Rev. Stat. § 62B.607
Implicit bias and cultural competency training required for certain persons; regulations
“1. Any person who, during the scope of his or her employment has regular and routine contact with juveniles who are involved in the juvenile justice system . . . shall complete, in addition to any other required training, training relating to implicit bias and cultural competency provided by his or her employer . . .
2. The training required by subsection 1 must include, without limitation, instruction that: . . .
(b) Provides information regarding cultural competency, including, without limitation, sensitivity to the needs of children, lesbian, gay, bisexual and transgender persons, racial and ethnic minorities, religious minorities and women[.] . . .
5. As used in this section, “cultural competency” means an understanding of how people and institutions can respond respectfully and effectively to people of all cultures, economic statuses, language backgrounds, races, ethnic backgrounds, disabilities, religions, genders, gender identities or expressions, sexual orientations, veteran statuses and other characteristics in a manner that recognizes, affirms and values the worth and preserves the dignity of people, families and communities."

Regulation:

Nev. Admin Code § 62B.085
Establishment of procedure by institution or agency to ensure appropriate placement of child in accordance with gender identity or expression.
"1. Each institution or agency shall establish a procedure that, at a minimum, ensures:
(a) A determination of the gender identity or expression or sexual orientation of a child who is held at the institution or in the custody or control of the agency is made in a manner that is primarily based on self-reporting from the child and is respectful and developmentally appropriate.
(b) Responsiveness to the gender identity or expression of a child who is held at the institution or in the custody or control of the agency with regard to, without limitation:
(1) A determination concerning arrangements for housing, including, without limitation, arrangements for housing that:
(I) Align with the gender identity or expression of the child;
(II) Take into consideration the wishes of the child; and
(III) Take into consideration the health and safety of the child; and
(2) Access to privacy while showering, changing clothes and using the bathroom facility. . . .
(f) Resources necessary to support the gender identity or expression and sexual orientation of all children held at the institution or in the custody or control of the agency are identified and provided to the children."

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.”
https://dcfs.nv.gov/uploadedFiles/dcfsnvgov/content/Programs/JJS

Nevada Department of Health and Human Services, Division of Child and Family Services, Juvenile Justice Services
Staff Code of Conduct and Ethics
“Staff must address youth without the use of abusive language, cursing, disrespectful or demeaning language, racially discriminatory or demeaning language or any other name calling/ridicule/humiliating or demeaning references to gender, . . . family of origin, sexual orientation, gender identity, lesbian, gay, bisexual, transgender, or intersex.
https://dcfs.nv.gov/uploadedFiles/dcfsnvgov/content/Programs/JJS/Staff_Conduct_and_Ethics.pdf

Nevada Department of Health and Human Services, Division of Child and Family Services, Juvenile Justice Services
Youth Rights
"A. Youth have the right to: . . .
7. Have access to necessary medical and behavioral health care services, including, without limitation to: . . .
c. Referral to and receipt of medical, emotional, psychological or psychiatric evaluation and treatment as soon as possible after the need for such services have been identified.
i. Youth may require specialized care, such as LGBTI and gender nonconforming (GNC) youth. In accordance with Nevada state law and this policy, the Division will only utilize the services of medical or mental health providers which do not engage in “reparative” or “conversion” therapy, or otherwise attempt to suppress or change a youth’s sexual orientation, gender identity or gender expression. ...
C. Youth have the right to be free from: . . .
4. Discrimination or harassment based on . . . sex assigned at birth; sexual orientation; gender identity or gender expression; . . . sexual orientation, gender identity, gender expression or intersex traits or status; or exposure to any communicable disease"
https://dcfs.nv.gov/uploadedFiles/dcfsnvgov/content/Programs/JJS/300_03_Youth_Rights.pdf

Nevada Department of Health and Human Services, Division of Child and Family Services, Juvenile Justice Services
Lesbian, Gay, Bisexual, Transgender and Intersex Youth
"1. Housing assignments and facility placement for youth who are transgender, or intersex shall be made in alignment with the youth’s gender identity, taking into consideration the wishes of the child per NAC 62B.085.1(b).1(I-II), while, at the same time, ensuring the health and safety of the youth. These placement decisions must be reassessed, at a minimum, every six months.
2. If the facility determines the youth’s wishes as to their preferred bed placement creates a safety concern and denies their request, the facility shall document those safety concerns and the Superintendent shall reassess the youth’s placement at least every sixty days." https://dcfs.nv.gov/uploadedFiles/dcfsnvgov/content/Programs/JJS/300.09_PREA_Policy_Final.pdf

PREA Policy:
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
Karla Delgado
Phone: (775) 684-4413
Fax (775) 684-4455
systems.advocate@dcfs.nv.gov
http://dcfs.nv.gov/Programs/SA/

Clark County Ombudsman: https://www.clarkcountynv.gov/residents/assistance_programs/ombudsman_(complaints).php

Additional Provisions:

New Hampshire

New Hampshire has statewide Department of Health and Human Services (DHHS) policy based protections against discrimination on account of sex and sexual orientation 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
Email: Ombudsman@dhhs.nh.gov
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:

N.J. Stat. Ann. § 30:7E-7
“Notwithstanding the provisions of any other law or regulation to the contrary, any contract between a health care provider and the New Jersey Department of Corrections, the Juvenile Justice Commission, the State Parole Board, or any other State or local entity, which contract provides health care services to the State's inmate population, shall not contain any provision that discriminates, and the State or local entity contracting for services shall ensure there is no discrimination, on the basis of a person's gender identity or expression or on the basis that the person is a transgender person.”

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:
State Agency Website:
Grievance Procedure:

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

Ombudsman:

None known.

Additional Provisions:

New Mexico

New Mexico has regulatory based protections against discrimination on account of sex, sexual orientation and gender identity for youth in the juvenile justice system. The New Mexico Children, Youth and Families Department has policy based protections against discrimination on account of sex, gender, sexual orientation, gender identity, and gender 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 a Substitute Care Advisory Council that monitors the Children, Youth & Families Department (CYFD).

Statute:

None known.

Regulation:

N.M. Admin. Code 8.14.1.11
General Provisions, 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
Transition Services, Defintions
"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
New Mexico Juvenile Detention Standards, Juvenile Rights and Responsibilites
"A. The center shall have written policies and procedures stating that juveniles are not subject to discrimination based on race, color, national origin, religion, sex (including pregnancy and childbirth) mental or physical disability, genetic information, marital status, sexual orientation, gender identity, serious medical condition, domestic abuse reporting status, and citizenship."

Policy:

New Mexico Children, Youth and Families Department, CYFD Directive: Nondiscrimination Policy Statement (June 29, 2020)
“No child, youth, family, or individual shall be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration or provision of CYFD programs and services, including contract services and programs, on the basis of: . . .sex or gender; gender identity; gender expression; sexual orientation; . . . medical condition including HIV/AIDS; . . . and housing statue, including homelessness; or any other non-merit factor.”
https://cyfd.org/docs/LGBTQIAEnglish.pdf

PREA Policy:

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

State Agency Website:

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

Grievance Procedure:

Email: CYFD.YouthGrievance@state.nm.us
Phone: 505-228-6797

N.M. Admin. Code § 8.14.20.15 Right of Grievance Complaint and Appeal
"The client grievance and appeal procedure is written and made available to all clients and families and includes at least one level of appeal. The published process for submitting a grievance is posted and grievance boxes are provided nearby in conspicuous places for clients and families in each living unit and common areas. Grievances are transmitted confidentially and without alteration, interference, or delay to the party responsible for receipt and investigation. A written report on the final disposition of a grievance is prepared and filed, and a copy given to the client."

Ombudsman:

Substitute Care Advisory Council
PO Box 3204 Mesilla Park, NM 88047
Phone: 833-272-2255
Email: nm.crv@state.nm.us
http://www.scacnm.org/

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 Department of Public Safety has a nondiscrimination policy specific to upholding the rights of LGBTQ+ youth in the juvenile justice system including specific guidance on training requirments, language and name usage, clothing and grooming standards, placement, and healthcare.

The state has no ombudsman.

Statute:

None known.

Regulation:

None known.

Policy:

North Carolina Department of Public Safety, Juvenile Justice Facilities YD 12 Housing LGBTQI Juveniles Policy and Requirements and Procedures
"Juvenile Justice strongly adheres to the belief that all people have the right to be free from discrimination by staff or youth on the basis of race, creed, color, age, sex, national origin, religion, marital status, mental or physical disability. Any such discrimination is prohibited... All juveniles, regardless of gender identity, gender expression, sexual orientation and/or intersex trait, need to feel safe in their surroundings to achieve effective programming and positive outcomes."

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 5139-37-15
Juvenile rights
i. “(A) The detention center shall have a written policy and procedure which prohibits employees from violating any civil rights of juveniles which shall include but not be limited to: (1) The detention center shall have written policies protecting children from being used as human subjects for medical, pharmaceutical, or cosmetic experiments. (2) The right to a reasonable amount of privacy. (3) The right to have his/her opinions heard and to be assured reasonable due process in all matters. (4) The right to receive adequate and appropriate food, clothing, and housing. (5) The right to participate in an appropriate educational and/or vocational program.”

Policy:

Ohio Department of Youth Services, Procedure No. 179-YSA-02, Lesbian, Gay, Bisexual, Transgender and Intersex Youth (April 1, 2019)
https://www.dys.ohio.gov/static/About+DYS/PREA/DYS_Policy_179-YSA-02.pdf

PREA Policy:

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

State Agency Website:

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

Grievance Procedure:
https://public.powerdms.com/ODYS/tree/documents/465109

https://dys.ohio.gov/about-us/contact-us/contact-us
Ginine M. Trim, Deputy Director - Chief Inspector
Tel: (614) 644-7640
Fax: (614) 728-0472
Email: Ginine.Trim@dys.ohio.gov

Ombudsman:

None known.

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. Oklahoma Office of Juvenile Affairs, Office of Standards for Prevention and System Improvement has policy that best practice services should provided regardless of gender and sexual orientation.

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

Statute:

None known.

Regulation:

None known.

Policy:

Office of Standards for Prevention and System Improvement
“We believe all Oklahomans, regardless of age, race, ethnicity, gender, and sexual orientation deserve access to public services, and all services must be evidence-based, best practice-informed, and grounded in scientific research.”
https://oklahoma.gov/oja/community-based-services/community-based-services-division1.html

PREA Policy:

https://oklahoma.gov/oja/prea.html

State Agency Website:

https://oklahoma.gov/oja.html

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

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
ODHS Ombuds
500 Summer Street NE
Salem, Oregon 97310-1097
Phone: (503) 945-6904
Fax: (503) 378-6532
Toll-free: (800) 442-5238
TTY: (503) 945-6214
Email: ohso.info@dhsoha.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. Pennsylvania Bureau of Juvenile Justice Services also has a nondiscrimination policy upholding the rights of LGBTQ+ 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
“A child may not be discriminated against because of race, color, religious creed, disability, handicap, ancestry, sexual orientation, national origin, age or sex .”

Policy:
Bureau of Juvenile Justice Services, Policy and Procedure, Resident Sexuality and Gender Identity
“BJJS prohibits discrimination on the basis of race, ancestry, color, age, sex, national origin, religious creed, disability, gender identity, gender expression or sexual orientation...
Transgender and intersex residents shall not automatically be housed according to their sex assigned at birth...
Transgender residents must be referred to by their chosen names. as long as the name is not profane or vulgar. The resident does not have to legally change their name. The resident should be referred to by the pronoun that reflects the resident’s gender identity...
If a transgender resident is receiving transition-related medical care, either under the care of a medical professional and/or otherwise, such as hormone therapy or supportive counseling, medical staff must consult with the resident’s medical providers and must continue to provide treatment...
If a resident expresses a desire to begin transition-related care, the resident shall be evaluated by the appropriate medical and mental health care providers after parental consent is obtained., The resident will then be provided with the appropriate resources and referrals to obtain such care.”

https://www.lambdalegal.org/sites/default/files/resident_sexuality_and_gender_identity.pdf

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:

i. https://www.dhs.pa.gov/Services/Children/Pages/PREA.aspx

State Agency Website:
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.

State Agency Website:
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 to -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:

214 R.I. Code R. § 40-00-4.1.2
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)
https://datadcyf.ri.gov/policyregs/sexual_orientation__gender_identity_and_expression

Rhode Island Department of Children, Youth and Families
Residential Child Care Regulations for Licensure (Jan. 22, 2013)
“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.”
https://dcyf.ri.gov/sites/g/files/xkgbur416/files/licensing-child-care/documents/dcyf-residential-child-care-regulations.pdf

Rhode Island Training School Resident Handbook
“You have the right to be treated with dignity and respect. Staff may not treat you differently because of your race, gender, national origin, sexual orientation or disability.”
https://dcyf.ri.gov/sites/g/files/xkgbur416/files/documents/juvenile-corrections/rits-resident-handbook_041918.pdf

PREA Policy:

“The Rhode Island Department of Children, Youth and Families regards compliance with the national Prison Rape Elimination Act (PREA) Standards for Juvenile Facilities to be of critical importance and strives to maintain compliance in accordance with these standards.”
https://dcyf.ri.gov/services/division-youth-development

State Agency Website:
Grievance Procedure:

"You have the right to file a complaint with the Department if you believe the Department has discriminated against you, or someone you know, based on disability, race, color, sex, gender, sexual orientation, age, national origin, religious or political belief, ancestry, familial or marital status, genetic information, association, or previous assertion of a claim or right.”

Patricia Hessler
101 Friendship Street
Providence, RI 02806
401-528-3641
TTY: Rhode Island Relay 711
https://dcyf.ri.gov/about-us/dcyf-policies-operating-procedures/adacivil-rights-compliance

Ombudsman:

Rhode Island Office of the Child Advocate
6 Cherrydale Court. Cottage 43
Cranston, RI 02920
Phone: (401) 462-4300
Fax: (401) 462-4305
http://www.child-advocate.ri.gov/index.php

Additional Provisions:

South Carolina

South Carolina has policy based protections against discrimination on accont of sex for youth in the juvenile justice system.

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.”
https://djj.sc.gov/sites/default/files/Documents/Choices%20Fact%20Sheet.pdf

PREA Policy:

https://djj.sc.gov/programs-and-services/standards-management

State Agency Website:

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

Grievance Procedure:

Department of Juvenile Justice, Juvenile Grievance Process (May 2, 2019)
https://djj.sc.gov/sites/default/files/Documents/Policy%20920%20-%20Juvenile%20Grievance%20Process.pdf

Ombudsman:

South Carolina State Office of Children’s Affairs
1205 Pendleton Street, Suite 471A
Columbia, South Carolina 29201
Phone: (803) 734-3176
iv. Toll-Free Complaint Line: 1-800-206-1957
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 (May 9, 2019)
"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, gender, sex (including pregnancy), age, genetic information, disability or any other legally protected status."
https://doc.sd.gov/documents/Juvenile%20Offender%20Living%20Guide72019.pdf

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 statutory and regulatory based protections against discrimination on account of sex for youth in the juvenile justice system. Tennessee Department of Children’s Services has policy based protections against discrimination on account of sex, sexual orientation, gender identity, and gender expression. Additionally the Tennessee Department of Children’s Services 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’s (TCCY) Ombudsman Program.

Statute:

Tenn. Code Ann.§ 37-5-116. Department of Children’s Services, General Provisions, Non-discrimination
“No person shall, on the grounds of race, color, national origin, sex, age or ability to pay, be excluded from participation, be denied the benefits of or be otherwise subjected to discrimination under any program or activity operated by the department of children's services. This shall include, but not be limited to, contracts for services, employment or services to consumers.”

Regulation:

Tenn. Regs. 0250-04-08-.02. Minimum Standards for Juvenile Detention Centers and Temporary Holding Resources, General Requirements “(14) All licensed agencies shall ensure freedom from discrimination or harassment on the basis of race, color, religion, sex, age, disability, marital status, citizenship, genetic information, or any other characteristic protected by law. This applies to youth, families, clients and employees.”

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)
“DCS is committed to providing all youth and families served a safe, healthy, inclusive, and affirming environment. ALL DCS employees and persons are prohibited from discrimination on the basis of race, ethnicity, creed, color, age, sex, national origin, religion, mental or physical disability, gender identity, gender expression, sexual orientation, and alien/citizenship status. DCS shall provide services to all children/youth to ensure safety and well-being, to promote dignity and respect for all children/youth and families inclusive of their gender identity, gender expression, and sexual orientation, and to protect their civil rights consistent with State and Federal laws including youth who identify as lesbian, gay, bisexual, transgender, and intersex.
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 of Tennessee Department of Children’s Services, Administrative Policies and Procedures: 18.8
https://files.dcs.tn.gov/policies/chap18/18.8.pdf

State Agency Website:

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

Grievance Procedure:
State of Tennessee, Department of Children’s Services
Administrative Policies and Procedures: 13.28, Grievance Procedures for Delinquent Youth

https://files.dcs.tn.gov/policies/chap13/13.28.pdf

Ombudsman:

Russette Marcum-Embry
TCCY Ombudsman Program Director
Phone: 615-532-1589
Email: russette.marcum-embry@tn.gov
https://www.tn.gov/tccy/programs0/ombuds.html

Additional Provisions:

Texas

Texas has regulatory and policy based protections against discrimination on account of sex, 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:

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

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

37 Tex. Admin. Code § 380.8524
Rules for State-Operated Programs and Facilities: Admissions, Placement, Release, and Discharge: Placement Planning: 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.”

37 Tex. Admin. Code § 380.9301
Rules for State-Operated Programs and Facilities: Youth Rights and Remedies: 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.”

37 Tex. Admin. Code § 380.9337
Rules for State-Operated Programs and Facilities: Youth Rights and Remedies: Zero Tolerance for Sexual Abuse, Sexual Activity, and Sexual Harassment
"(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.” ...

(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[.]”...

(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.”

37 Tex. Admin. Code § 345.310(c)(2)
Juvenile Justice Professional Code of Ethics for Certified Officers: 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.”
https://www.tjjd.texas.gov/index.php/doc-library/category/492-ch380d-youth-rights
Select 380.9301 Basic Youth Rights

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 (LGBTI)
https://hcsopolicy.com/policy/413-lesbian-gay-bisexual-transgender-queer-and-intersex-lgbtqi/

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/index.php/doc-library/category/492-ch380d-youth-rights
Select 380.9337 Zero Tolerance for Sexual Abuse, Sexual Activity, and Sexual Harassment.

State Agency Website:

https://www.tjjd.texas.gov/index.php

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
https://www.tjjd.texas.gov/index.php/independent-ombudsman

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
"The Division shall provide a safe, healthy and accepting environment for juveniles placed in our care, custody, and control, who identify as Lesbian, Gay, Bisexual, Transgender, Questioning, Intersex, (LGBTQI) and/or Gender Non-Conforming (GNC)." https://public.powerdms.com/UTAHDHS/documents/148165

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[.]” https://public.powerdms.com/UTAHDHS/documents/145493

Division of Juvenile Justice Services
Juvenile Rights and Responsibilities
“You have the right:
1. To be free from discrimination based on race, religion, color, gender, gender identity, sexual orientation, or disability”
https://public.powerdms.com/UTAHDHS/documents/145495
PREA Policy:

None known.

State Agency Website:

https://jjs.utah.gov/

Grievance Procedure:
Ombudsman:

Office of Child Protection Ombudsman
Phone: (801) 538-4589
Email: ocpo@utah.gov
https://hs.utah.gov/services/care-concerns/

The Office of Quality and Design (OQD)
Phone: (801) 538-4277
195 North 1950 West
Salt Lake City, UT 84116
https://hs.utah.gov/oqd

Additional Provisions:

Vermont

Vermont’s Agency of Human Services’ has policy based protections against discrimination on account of sex, sexual orientation and gender identity for youth in the juvenile justice system. In addition, Vermont’s Family Services Division has a policy based protections against discrimination on account of sex, sexual orientation, gender identity, and gender expression and 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
“All division staff are prohibited from engaging in any form of discrimination or bias based on sex, sexual orientation, gender identity, gender expression, or marital status or partnership.”
http://dcf.vermont.gov/sites/dcf/files/FSD/Policies/76.pdf

Vermont Department of Children and Families, Family Services Policy Manual 160, Working with Adolescents and Justice Involved Youth
“Rights of Children and Youth in DCF Custody in Vermont…
You have the right:
To be treated with respect by FSD staff, foster parents, and providers without regard to race, ethnicity, sexual orientation, gender identity or expression, religion and/or disability.”
https://dcf.vermont.gov/sites/dcf/files/FSD/Policies/160.pdf

State of Vermont Agency of Human Services (AHS)
Chapter/Number 1.11, Non-Discrimination regarding receipt of services and benefits (May 13, 2009, Revised October 2020)
“We do not discriminate in the administration of our programs, services, or activities, nor do we exclude any individual from participation in our programs, services, or activities based on race, religion, color, national origin, genetic information, marital/familial status, sex, sexual orientation, gender identity, age, pregnancy status, place of birth, crime victim status, military, veteran status, disability, or any other protected status.”
https://humanservices.vermont.gov/sites/ahsnew/files/1.11%20Nondiscrimination%20Policy
%20-%20Grievance%20Policy.pdf

PREA Policy:

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

State Agency Website:

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

Grievance Procedure:

https://humanservices.vermont.gov/sites/ahsnew/files/1.11%20Nondiscrimination%20Policy
%20-%20Grievance%20Policy.pdf

Contact:
AHS Secretary
280 State Drive, HC 1 North,
Waterbury, VT 05671-1080
802-241-0440
Secretary@vermont.gov

Ombudsman:

Consumer Concerns Team Commissioner's Office, Department for Children and Families
280 State Drive, HC 1 North
Waterbury, VT 05671-1080
phone: 802-241-0925
email: AHS.DCFConsumerConcerns@vermont.gov
https://dcf.vermont.gov/sites/dcf/files/DCF/docs/Nondiscrimination-Policy.pdf

Additional Provisions:

Virginia

Virginia has regulatory based protections against discrimination on account of sex and sexual orientation for youth in the juvenile justice system. Virginia Department of Juvenile Justice has policy based protections against discriminations on account of gender and sexual orientation for youth in the juvenile justice system.

The state has a Juvenile Justice Ombuds Program.

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:

Department of Juvenile Justice, Resident Handbook
“Residents’ Basic Services and Rights
Although you are committed to DJJ, you still have the right to be healthy and safe. No one should treat you badly because of your race, religion, gender, sexual orientation, or for any other reason. You are expected to treat others with the same respect. In this section, you will learn about some of the services available to keep you healthy and safe.”
https://www.djj.virginia.gov/documents/residential/Resident_Handbook.pdf

PREA Policy:
State Agency Website:

http://www.djj.virginia.gov

Grievance Procedure:
Ombudsman:

Department of Juvenile Justice, Ombuds Program
(804) 323-0888 or (833) 941-1370 (toll free)
https://www.djj.virginia.gov/pages/policy/policy.htm
https://www.djj.virginia.gov/documents/residential/Resident_Handbook.pdf

Additional Provisions:

Washington*

Washington State Department of Children, Youth & Families, Juvenile Rehabilitation Division has policy protections against discrimination on account of sexual orientation and gender identity for youth in the juvenile justice system. Additionally, the Department has policy specific to upholding the rights of LGBTQIA+ 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 Department of Children, Youth & Families, Juvenile Rehabilitation Division Policy 4.60, Providing LGBTQIA+ Health and Safety (Jan. 1, 2021)
“1. Employees must:
a. Follow Chapter 06 DCYF Administrative policies to create an environment free from discrimination or harassment.
b. Treat all youth and young adults with respect, dignity, and embrace diversity and differences.
c. Support lesbian, gay, bisexual, transgender, queer or questioning, intersex, asexual and other gender non-conforming (GNC) youth and young adults who are in various stages of awareness and comfort with their sexual orientation and gender identify by providing fair and equal treatment, without bias, in a professional and confidential manner...
2. Employees are prohibited from:
a. Discriminating against or harassing any youth or young adults based on their sexual orientation or gender identity.
https://www.dcyf.wa.gov/sites/default/files/pdf/jr-policies/Policy4.60.pdf

Washington State Department of Children, Youth & Families, Juvenile Rehabilitation Division Policy, 4.30 Providing Health Care for JR Youth (June 18, 2018)
“8. Youth who are transgender, gender non-conforming or lesbian, gay, bisexual, queer or questioning must not be required to see a therapist solely because of their gender identity or sexual orientation
11. Gender-confirming health care will be considered a medical necessity. All care must be provided in alignment with the Health Care Authority’s position (WAC 182-531-1675) and the community standard of care.”
https://www.dcyf.wa.gov/sites/default/files/pdf/jr-policies/Policy4.30.pdf

Washington State Department of Children, Youth & Families, Juvenile Rehabilitation Division Policy, 3.10 Assessing and Placing Youth in JR (March 15, 2017)
"Youth may present as gender non-conforming or identify as lesbian, gay, bisexual, transgender, queer or questioning, intersex or asexual (LGBTQIA+) during the intake or placement process. If a youth identifies as LGBTQIA+ or presents as gender nonconforming, both placement staff and intake staff will make reasonable and non-intrusive attempts to gather and document sexual orientation, gender identity and preferred pronouns on the Pre-placement Screen”
https://www.dcyf.wa.gov/sites/default/files/pdf/jr-policies/Policy3.10.pdf

Washington State Department of Social and Health Services
Administrative Policy #7.22 (September 22, 2011; Revised April 13, 2021)
“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. DSHS 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 … Gender expression … Sexual Orientation
https://www.dshs.wa.gov/sites/default/files/rpau/ap/DSHS-AP-07-22-Internet-official.pdf

PREA Policy:

State Agency Website:

https://www.dcyf.wa.gov/practice/practice-improvement/ojj

Grievance Procedure:
Ombudsman:

Office of the Family and Children’s Ombuds
6840 Fort Dent Way, Suite 125
Mail Stop TT-99
Tukwila, WA 98188
Toll free phone: 1-800-571-7321
Phone: 206-439-3870
TTY: 206-439-3789
FAX: 206-439-3877
http://ofco.wa.gov/

Additional Provisions:

West Virginia

West Virginia has policy based protections against discrimination on account of sex, sexual orientation, and gender identity 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 (Feb. 2022)
“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, cis-gender 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.”

11.1 Nondiscrimination
"As a recipient of Federal financial assistance, the Bureau for Children and Families (BCF) does not exclude, deny benefits to, or otherwise discriminate against any person on the ground of race, color, national origin, disability, age, sex, sexual orientation, gender identity, religion or creed in admission to, participation in, or receipt of the services and benefits under any of its programs and activities, whether carried out by BCF directly or through a contractor or any other entity with which BCF arranges to carryout its programs and activities"

11.3 Complaint Procedure and Due Process Standards
A: Complaints Based on Disability or other Forms of Discrimination
“It is the policy of the West Virginia Department of Health and Human Resources (DHHR), not to discriminate on the basis of on the basis of race, color, national origin, disability, age, sex, sexual orientation, gender identity, religion, or creed."
https://dhhr.wv.gov/bcf/policy/Documents/Youth%20Services%20Policy%20February%20
2022%20%281%29.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[.]”
Policy is not currently available online

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.”
Policy is not currently available online

PREA Policy:

State Agency Website:
Grievance Procedure:

Bureau for Children and Families: Youth Services Policy
11.3 Complaint Procedure and Due Process Standards
https://dhhr.wv.gov/bcf/policy/Documents/Youth%20Services%20Policy%20February%20
2022%20%281%29.pdf

(Select page 54)

West Virginia Department of Health and Human Resources
Office of Human Resource Management
EEO/Civil Rights Officer
Phone: (304) 558-3313
Fax: (304) 558-6051
Email: DHHRCivilRights@WV.Gov

Ombudsman:

West Virginia Department of Health and Human Resources
Office of Human Resource Management
EEO/Civil Rights Officer
Phone: (304) 558-3313
Fax: (304) 558-6051
Email: DHHRCivilRights@WV.Gov

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: