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 has regulatory based protections against discrimination on account of sex for youth in the juvenile system system.
None known.
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.”
None known.
https://dys.alabama.gov/prea
ADYS PREA Coordinator: 1-(334) 604-4233
ADYS Sexual Assault Hotline at 1-855-332-1594
None known.
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.
None known.
None known.
State of Alaska, Department of Health & Human Services, Division on Juvenile Justice
Nondiscrimination
"The Division of Juvenile Justice (DJJ) is committed to providing respectful and affirming
services to all youth. DJJ prohibits discrimination of staff, youth, and families on the basis of
race, ethnicity, religion, creed, color, age, gender, gender identity, gender expression, sexual
orientation, marital status or partnership, mental or physical disability, genetic information,
citizen status, or national origin"
Alaska Division of Juvenile Justice, Division-Wide Policy & Procedures, Program and Services – L1, Nondiscrimination
http://dhss.alaska.gov/djj/Pages/default.aspx
http://dhss.alaska.gov/ocs/Pages/grievance/index.aspx
https://dhss.alaska.gov/ocs/Documents/form/complaint.pdf
1500 West Benson Boulevard
Anchorage, Alaska 99503
Phone: (907) 269-5290
Fax: (907) 269-5291
Email: ombudsman@akleg.gov
http://ombud.alaska.gov/
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 Department of Juvenile Corrections has an Juvenile Ombudsman.
None known.
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)
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.”)
https://adjc.az.gov/resources/prea
[Select Policy 2304.1 for Grievance Procedure]
https://www.azoca.gov/complaint-procedure/complaint-form/
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/
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.
None known.
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."
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
https://humanservices.arkansas.gov/wp-content/uploads/PREA-Juvenile-Facility-Standards.pdf
http://humanservices.arkansas.gov/about-dhs/dys/
7260 Youth Grievance and Appeal (Page 26)
http://170.94.37.152/REGS/016.01.19-002F-19037.pdf
700 Main Street, Slot S-501
Little Rock, AR 72203
501-682-8654
Fax: 501-682-1351
Juvenile Justice Ombudsman
(501)683-1766
https://humanservices.arkansas.gov/divisions-shared-services/youth-services/juvenile-justice-ombudsman/
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 sex, 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.
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.”
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, immigration status, 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.”
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
[Link Currently Unavailable]
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
https://www.cdcr.ca.gov/Juvenile_Justice/PREA/index.html
https://www.cdcr.ca.gov/Juvenile_Justice/
http://www.cdcr.ca.gov/ombuds/
Office of the Ombudsman
1515 S Street, Room 311 South
Sacramento, CA 95811
Phone: (916) 445-1773
http://www.cdcr.ca.gov/ombuds/
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 and protections against discrimination on account of sexual orientation or gender identity for youth in the juvenile justice system.
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.
None known.
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.”
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)
"Discrimination or harassment on the basis of actual or perceived sexual orientation or gender identity shall not be tolerated. If staff, contractors or volunteers become aware that a juvenile is being subjected to harassment or violence by staff, volunteers, contracts, or other juveniles, staff shall respond according to Colorado Department of Human Services and, Division of Youth Corrections policies."
https://drive.google.com/file/d/0B6RNEF9DYEdYbDdNVHRyWDJGcFU/view
https://www.colorado.gov/cdhs/dys
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.”
Connecticut Department of Children & Families has policy based protections against discrimination on account of sexual orientation, gender identity, 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 and Connecticut has an Office of the Child Advocate.
None known.
None known.
Connecticut Department of Children & Families, Policy 21-16, Non-Discrimination of LGBTQQIAA Individuals (Jan. 2, 2019)
"The Department shall not delay or deny mentoring services, or the placement of a child
for adoption or into foster care, or discriminate against any person, including:
children, youth and adolescents under its care; biological, foster or adoptive parent(s); mentor(s) and tutor(s); and applicant(s) wishing to become a foster or adoptive parent(s) or mentor(s),
who can meet all children’s needs
on the basis of:
gender identity and/or expression; marital/partner or cohabitation status; and actual or perceived inherent sexuality".
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
http://portal.ct.gov/DOC/Miscellaneous/PREA
http://www.ct.gov/opm/cwp/view.asp?Q=383628
https://portal.ct.gov/DCF/OCR/Home
Office of Diversity and Equity (ODE)"A complaint may be submitted verbally or in writing to the Office of Diversity and Equity. When possible, a complaint shall be submitted using the DCF-104, “Discrimination Complaint Intake Form.”
https://portal.ct.gov/DCF/ODE/Home
https://portal.ct.gov/-/media/DCF/Policy/Chapters/7-1.pdf
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 Office of the Ombudsman
https://portal.ct.gov/DCF/1-DCF/About-DCF
Delaware has policy based protections 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 in the juvenile justice system.
The State Department of Services for Children, Youth and their Families does not have a dedicated ombudsman, but does invite “concerns or complaints.”
The state considers it “unprofessional conduct or a ground for discipline” for any licensed nurse, mental health or chemical dependency professional, psychologist, or clinical social worker to engage in “conversion therapy” with a child. The bill defines conversion therapy as “any practice or treatment that seeks to change an individual’s sexual orientation or gender identity.” S.B. 65, 149th Leg. (Del. 2018).
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, transitional and independent living and transition plans, where applicable"
None known.
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)
https://kids.delaware.gov/youth-rehabilitative-services/prea/
https://kids.delaware.gov/youth-rehabilitative-services/
None Known.
1825 Faulkland Road
Wilmington, DE 19805-1195
Phone: 302-633-2620
Email: info.dscyf@delaware.gov
http://kids.delaware.gov/contact.shtml
Office of the Child Advocate Phone: (302) 255-1730 https://courts.delaware.gov/childadvocate/
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 and protections against discrimination on account of sexual orientation, gender identity, and gender expression in the juvenile justice 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.
D.C. Code Ann. § 2-1402.73
Application to the District government.
“Except as otherwise provided for by District law . . . it shall be an 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, place of residence or business, or status as a victim or family member of a victim of domestic violence, a sexual offense, or stalking."
None known.
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)
"DYRS staff shall provide the highest quality of services to youth regardless of actual or perceived sexual orientation, gender identity, or gender expression. Staff shall provide fair and equal treatment to all youth in DYRS care and custody, and shall protect youth from harassment and discrimination. DYRS staff shall work to meet the diverse needs of youth in their care and shall provide a safe, healthy and accepting environment in which all individuals are treated with respect and dignity."
https://dyrs.dc.gov/sites/default/files/dc/sites/dyrs/publication/attachments/DYRS-007LesbianGayBisexualTransgenderQuestioningandIntersexLGBTQIYouth.pdf
https://dyrs.dc.gov/page/about-dyrs
http://cfsa.dc.gov/service/be-heard-for-youth
200 I Street, SE
Washington, District of Columbia 20003
Phone: (855) 874-3273
Fax: (202) 727-6505
Email: yo.bud@dc.gov
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.
None known.
None known.
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
http://www.djj.state.fl.us/partners/prison-rape-elimination-act-(prea)
http://www.djj.state.fl.us/home
http://www.djj.state.fl.us/services/support/OIG
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
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.
None known.
None known.
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://www.djj.state.ga.us/Policies/DJJPolicies/Chapter15/DJJ15.1BasicRightsAndResponsibilities
OfYouth.pdf
https://djj.georgia.gov/prison-rape-elimination-act-prea
Office of the Child Advocate
Forms and Reporting
https://oca.georgia.gov/request-oca-assistance-or-investigation
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
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
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
None known.
None known.
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
None known.
None known.
None known.
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.
None known.
None known.
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
"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]
http://humanservices.hawaii.gov/oys/
https://www.ombudsman.hawaii.gov/got-a-complaint/
http://humanservices.hawaii.gov/important-phone-numbers/
https://humanservices.hawaii.gov/wp-content/uploads/2016/10/DOC005.pdf
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/
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/
Idaho has regulatory based protections against discrimination on the basis of sex for youth in the juvenile justice system. Idaho Department of Juvenile Corrections has policy based protections against discrimination on the basis of sex and sexual orientation for youth in the juvenile justice system. The agency also has a nondiscrimination policy upholding the rights of LGBTQI youth in the juvenile justice system.
Idaho has no known ombudsman.
None known.
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.”
“Any search or physical examination of transgender or intersex residents for the sole purpose of determining genital status is prohibited.”
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
http://www.idjc.idaho.gov/about/prison-rape-elimination-act-prea/
None known.
None known.
Illinois Department of Juvenile Justice has a nondiscrimination policy specific to upholding the rights of LGBTQ youth and protections against discrimination on account of sexual orientation, gender identity, and gender expression for 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.
None known.
None known.
Illinois Department of Juvenile Justice, Administrative Directive 04.01.303, Lesbian, Gay, Bisexual, Transgender and Questioning (LGBTQ) Youth (June 1, 2014)
"Department shall maintain and promote an environment that provides physical and emotional
safety, and effective and culturally competent services and programming, to all youth regardless of
their actual or perceived sexual orientation, gender identity, and/or gender expression."
https://www.lambdalegal.org/sites/default/files/il_ad_4.01.303.pdf
http://www.equityproject.org/wp-content/uploads/2014/12/11-10-LGBTQI.pdf
[Link Currently Unavailable]
https://idjj.illinois.gov/prison-rape-elimination-act.html
DHS Help Line
800-843-6154 (voice)
800-447-6404 (TTY)
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
Indiana has policy based protections against discrimination on account of sex, sexual orientation, gender identity and gender expression for youth in the juvenile justice system. Additionally, Indiana Department of Correction, Division of Youth Services has policy based protections against discrimination for both children and parents/guardians on account of gender and sexual orientation in the juvenile justice system.
Indiana’s Department of Correction has an Ombudsman Bureau.
None known.
None known.
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
"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
https://www.in.gov/idoc/dys/files/DYS-handbook-7-1-19.pdf
“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.’”
https://www.in.gov/idoc/divisions/ombudsman/
Iowa Department of Human Services has 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.
None known.
None known.
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
https://dhs.iowa.gov/mhds/mental-health/in-patient/juvenile-facility/eldora/prea
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)
(Iowa Department of Human Services administers Juvenile Justice grant programs)
None known.
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
Kansas has regulatory based 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.
None known.
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"
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]
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 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/
https://www.doc.ks.gov/facilities/prea
https://www.doc.ks.gov/juvenile-services
https://www.doc.ks.gov/kdoc-policies/AdultIMPP/chapter-11/11-122j/view
https://www.doc.ks.gov/kdoc-policies/AdultIMPP/chapter-10/10-140j/viewNone known.
Kentucky has regulatory based protections against discrimination on account of sex for youth in its juvenile justice system. Kentucky Department of Juvenile Justice has a nondiscrimination policy specific to upholding the rights of LGBTQI youth and protections against discrimination on account of sex, sexual orientation, and gender identity for youth in its juvenile justice system.
The state has a general ombudsman, but not one specific to issues affecting youth in care.
None known.
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."
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
https://djj.ky.gov/Pages/Prison-Rape-Elimination-Act.aspx
https://djj.ky.gov/Pages/index.aspx
275 E Main Street
Frankfort, Kentucky 40601
Phone: (502) 564-5497
Email: CHFS.Listens@ky.gov
Louisiana has regulatory based protections against discrimination on account of sex, sexual orientation and gender identity for youth in the juvenile justice system. Louisiana Office of Juvenile Justice has a nondiscrimination policy specific to upholding the rights of LGBTQI youth and protections against discrimination on account of sexual orientation or gender identity for youth in the juvenile justices system. The New Orleans Juvenile Detention Center has its own nondiscrimination policy specific to upholding the rights of LGBT youth in its care.
None known.
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.”
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[.]"
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
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
https://ojj.la.gov/policies-systems/federal-laws/prea/
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. Additionally, the agency has an LGBTQ+ specific policy regarding upholding the rights of LGBTQ+ youth.
Maine does not have an ombudsman.
None known.
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)”
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
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
https://www.maine.gov/corrections/about/best-practices/compliance
https://www1.maine.gov/corrections/juvenile-services
(Choose “COMMUNITY CORRECTIONS CLIENT GRIEVANCE PROCESS, GENERAL (APA rule)” from the list.)
None known.
Maryland has regulatory based protections against discrimination on account of sex and sexual orientation for youth placed in residential facilities. The Maryland Department of Juvenile Services 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 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.
None known.
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[.]”
Nondiscrimination of Youth
"It is the policy of the Department of Juvenile Services that staff shall not discriminate against any youth on the basis of age, race, ancestry, color, national origin or citizenship, place of residence, creed, genetic information, religion, sex, sexual orientation, gender identity or expression, personal appearance, marital or familial status, source of income, mental or physical disability, or political views when making administrative decisions and in providing services to youth. DJS staff shall act in accordance with federal and State laws and applicable regulations to prohibit and ensure the absence of discrimination in all programs."
https://djs.maryland.gov/Documents/policies/management/Nondiscrimination-of-Youth_MGT-625-14.pdf
Maryland Department of Juvenile Services
Civil Rights Nondiscrimination Statement
"In accordance with Federal civil rights law and U.S. Department of
Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and
institutions participating in or administering USDA programs are prohibited from discriminating based on
race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any
program or activity conducted or funded by USDA."
https://djs.maryland.gov/Documents/MD-DJS-Civil-Rights-Nondiscrimination-Statement.pdf
http://www.djs.maryland.gov/Pages/PREA.aspx
http://www.djs.maryland.gov/Pages/default.aspx
None known.
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
The Massachusetts Department of Youth Services has an LGBTQ+ specific policy regarding upholding the rights of LGBTQ+ youth and best practices on issues including training, disclosure, placement, and healthcare. The agency policy has protections against discrimination on account of sex, sexual orientation, gender identity, and gender expression for youth in the juvenile justice system.
The state has an Office of the Child Advocate.
None known.
None known.
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”)
https://www.mass.gov/service-details/dys-prison-rape-elimination-act-prea
https://www.mass.gov/orgs/department-of-youth-services
Boston, MA 02111
Phone: (617) 727-7575
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
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 for youth in the juvenile justice system and training requirements for staff.
The state has a dedicated children’s ombudsman.
None known.
None known.
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
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
https://www.michigan.gov/mdhhs/0,5885,7-339-73971_34044---,00.html
http://www.michigan.gov/mdhhs/0,5885,7-339-71551_27716-82239--,00.html
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/
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 individuals who are incarcerated, 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 receiving 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.
None known.
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[.]”
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”
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]
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]
https://mn.gov/doc/family-visitor/prea-policy/
Juvenile PREA Standards:https://mn.gov/doc/assets/Juvenile_PREA_Standards_tcm1089-275511.pdf
Minnesota Office of Justice Programs
https://policy.doc.mn.gov/DOCPolicy/
(select Policy 303.095 - Juvenile Grievance Procedure)
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/
Mississippi Department of Human Services, Division of Youth Services 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.
None known.
None known.
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
“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
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
http://www.mdhs.state.ms.us/youth-services/
Form: https://www.mdhs.ms.gov/wp-content/uploads/2018/01/XV2A-Grievance-For.pdf
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, sexual orientation, and gender identity 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.
None known.
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.”
“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”
“DSS applicants for, or recipients of, services from DSS are treated equitably regardless of race, color, national origin, ancestry, sex (including pregnancy and gender identity), sexual orientation, age, disability, religion, or veteran status.”
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.)
No link to policy publicly available
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
Montana has regulatory based protections against discrimination on account of 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.
Montana has an office of the Citizens' Advocate.
None known.
Mont. Admin. R. 20.9.620
Youth Services, Licensure of Youth Detention Facilities, Rights of Youth.
“(4) No facility may discriminate against any youth based on race, religion, national origin, gender, handicap, political belief, or sexual orientation.”
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*
Citizens' Advocate, Mary Grant
Phone: 444-5364
Toll Free Number: 1-855-318-1330
E-mail: citizensadvocate@mt.gov
https://directory.mt.gov/govt/state-dir/agency/gov
Nebraska has regulatory based protections against discrimination on the basis of sex for youth in the juvenile justice system. 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, the Public Counsel, but it is not specific to juvenile justice. Additionally Nebraska has a Office of the Inspector General of Nebraska Child Welfare.
None known.
Neb. Admin. R. & Reg. Tit. 83, Ch. 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"
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
Policy link is unknown, see PREA Audit Reports at the link below:
https://dhhs.ne.gov/Pages/YRTC-Reports.aspx
https://dhhs.ne.gov/Pages/YRTC-Facilities.aspx
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/
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 and Clark County has an Ombudsman.
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."
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."
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."
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
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
http://dcfs.nv.gov/Programs/JJS/PREAHome/
https://dcfs.nv.gov/uploadedFiles/dcfsnvgov/content/Programs/JJS/300.09_PREA_Policy_Final.pdfhttp://dcfs.nv.gov/Programs/JJS/
http://dcfs.nv.gov/Programs/SA/
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
New Hampshire Department of Health and Human Services (DHHS) has policy based protections against discrimination on account of sex and sexual orientation for anyone seeking to access services. New Hampshire Department of Health and Human Services, Division for Children, Youth and Families has policy based protections against discrimination on account of sex, sexual orientation, and gender identity for youth in the state's secure juvenile treatment facility.
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.
New Hampshire has a DHHS ombudsman and an Office of the Child Advocate.
None known.
None known.
2090 Basic Rights for Committed and Detained Youth
"Discrimination based on race, religion, national origin, sex, physical handicap, sexual orientation, gender identity, or for any other reason is prohibited."
https://www.dhhs.nh.gov/sites/g/files/ehbemt476/files/documents/2021-11/dcyf-policy-2090.pdf
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.”
https://www.dhhs.nh.gov/about-dhhs/office-ombudsman/dhhs-non-discrimination-policy
https://www.dhhs.nh.gov/sites/g/files/ehbemt476/files/documents2/dcyf-policy-2040.pdf
https://www.dhhs.nh.gov/sites/g/files/ehbemt476/files/documents2/civil-rights-dhhs.pdf
New Hampshire Department of Health and Human Services
Office of the Ombudsman
105 Pleasant Street
Concord, New Hampshire 03301
Phone: (603) 271-6941
Toll-Free: (800) 852-3345
Fax: (603) 271-4632
Email: Ombudsman@dhhs.nh.gov
https://www.dhhs.nh.gov/about-dhhs/office-ombudsman
Johnson Hall
107 Pleasant Street
Concord NH 03301
Phone: (603) 271-7773
Toll Free: (833) NHCHILD
Email: childadvocate@nh.gov
https://www.childadvocate.nh.gov/
New Jersey Juvenile Justice Commission has a nondiscrimination policy upholding the rights of LGBTQI youth and protections against discrimination on account of sexual orientation, gender identity and gender expression for youth in the juvenile justice system. New Jersey statute prohibits the New Jersey Juvenile Justice Commission from contracting with health providers that discriminate on account of gender identity or expression.
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.
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.”
None known.
New Jersey Juvenile Justice Commission, Policy 13ED:01.02A, Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Juveniles
"(a) The purpose of this Policy is to ensure that the Commission provides the highest quality of services to juveniles regardless of actual or perceived sexual orientation, gender identity, or gender expression. Staff shall provide fair and equal treatment to all juveniles in Commission care and custody, and shall protect juveniles from harassment and discrimination. Commission staff shall work to meet the diverse needs of juveniles in care and shall provide a safe, healthy and accepting environment in which all individuals are treated with respect and dignity."
http://www.nj.gov/oag/jjc/pdf/PREA_LGBTQI-Juveniles_policy.pdf
http://www.nj.gov/oag/jjc/prea.html
https://www.njoag.gov/about/divisions-and-offices/juvenile-justice-commission-home/prison-rape-elimination-act-prea/http://www.nj.gov/dcf/about/divisions/oa/
None known.
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) and and an Constituent Affairs Office.
None known.
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."
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
https://cyfd.org/facilities/prison-rape-elimination-act-prea
https://cyfd.org/special-programs/juvenile-detention-centers
Email: CYFD.YouthGrievance@state.nm.us
Phone: 505-228-6797
https://cyfd.org/youth-bill-of-rights-grievance-process
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."
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/
PO Drawer 5160
P.E.R.A. Room 254
Santa Fe, New Mexico 87502
Phone: (505) 827-7606
Fax: (505) 827-4053
Email: harry.montoya@state.nm.us
http://cyfd.org/about-cyfd/constituent-affairs
New York has regulatory based protections against discrimination on account of sex, sexual orientation, gender identity, and gender expression for youth in the juvenile justice system. The New York State’s Office of Children and Family Services has a policy specific to upholding the rights of LGBTQ youth and protections against discrimination on account of sexual orientation, gender identity, and gender expression for 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.
None known.
N.Y. Comp. Codes R. & Regs. tit. 9, § 180-1.5(a)(6)
Administration and operation of detention
“Staff and volunteers of detention providers shall not engage in or condone discrimination or harassment of youth on the basis of race, creed, color, national origin, age, sex, sexual orientation, gender identity or expression, marital status, religion, or disability. Detention providers shall promote and maintain a safe environment, take reasonable steps to prevent discrimination and harassment against youth by other youth, promptly investigate incidents of discrimination and harassment by staff, volunteers and youth, and take reasonable and appropriate corrective or disciplinary action when such incidents occur. For the purposes of this section, gender identity or expression shall mean having or being perceived as having a gender identity, self-image, appearance, behavior or expression whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the sex assigned to that person at birth. Gender identity refers to a person's internal sense of self as male, female, no gender, or another gender, and gender expression refers to the manner in which a person expresses his or her gender through clothing, appearance, behavior, speech, or other like.”
Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth: Nondiscriminatory Treatement
“The director shall develop, maintain and implement written policies and procedures designed to prevent the unlawful discriminatory treatment of facility youth based upon race, creed, color, national origin, age, sex, sexual orientation, gender identity or expression, marital status, religion, disability, or any other characteristic protected by federal or state law. The areas addressed by such policies shall include, but shall not be limited to, educational, religious, and vocational programs, work assignments, classification, disciplinary and grievance decisions, and consideration for program participation. These policies and procedures shall be reviewed annually and updated as needed.” N.Y. Comp. Codes R. & Regs. tit. 9, § 7313.5
Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth: Classification: Assignment to a facility living unit "(b) In arriving at a determination of a youth's living unit assignment, the director, or designee, shall base such determination on the following information, if such information is available and accessible: . . .
(9) gender identity or expression; (10) sexual orientation; and (11) any other information which may affect the safety and security of the youth or staff.”
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)
"All OCFS staff, volunteers and contract providers are prohibited from engaging in any form of discrimination against or
harassment of youth on the basis of actual or perceived sexual orientation, gender
identity, and gender expression."
https://www.nycourts.gov/ip/judicialinstitute/transgender/220U.pdf
https://ocfs.ny.gov/main/rehab/prea.asp
https://ocfs.ny.gov/main/rehab/
N.Y. Comp. Codes R. & Regs. tit. 9, § 7332.3
“(a) The director shall ensure the development and implementation of written policies and procedures consistent with this Part.
(b) Such policies and procedures shall include, but are not limited, to:
(1) a detailed description of grievance program operations including steps, timelines, investigative processes and available internal and external appeal procedures;”
Website: https://ocfs.ny.gov/main/ombudsman
Contact Form: https://ocfs.ny.gov/main/ombudsman/contact.php
Address: 52 Washington Street, 230N
Rensselaer, NY 12144
Phone: (888)219-9818
Email: myallies@ocfs.ny.gov
New York State Office of Children and Families
http://ocfs.ny.gov/main/regionaloffices_main.asp
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.
None known.
None known.
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
[Link Currently Unavailable]
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)”
https://www1.nyc.gov/site/acs/justice/juvenile-justice.page
http://www1.nyc.gov/site/acs/about/advocacy.page
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
North Carolina Department of Public Safety has a nondiscrimination policy specific to upholding the rights of LGBTQI youth in the juvenile justice system including specific guidance on training requirements, language and name usage, clothing and grooming standards, placement, and healthcare.
The state has no ombudsman.
None known.
None known.
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."
https://www.lambdalegal.org/publications/nc_20220912_nc-juvenile-justice-facilities
https://www.ncdps.gov/dps-services/prison-rape-elimination-act
https://www.ncdps.gov/juvenile-justice
https://files.nc.gov/ncdps/div/Prisons/Policy_Procedure_Manual/G.0300_08_01_13.pdf
Appeals for Grievances:Inmate Grievance Resolution Board
4207 Mail Service Center
Raleigh, NC 27699-4207
(919) 850-2936
https://www.ncdps.gov/about-dps/boards-commissions/inmate-grievance-resolution-board
None known.
North Dakota has policy based protections against 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.
None known.
None known.
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://www.docr.nd.gov/sites/www/files/documents/jails/Jail%20Standards/ND%20
juvenile%20rules.pdf
https://docr.nd.gov/about/prea-information
“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
D. A written grievance procedure, which must be explained and made available to juveniles. A facility may not subject a juvenile to disciplinary action for reporting a grievance. The facility shall provide at least one level of appeal, which may not be reviewed by the same individual who initially reviewed the grievance. The reviewing authority shall document the findings and the disposition of the appeal. The facility shall provide a copy of the appeal report to the juvenile and shall file the appeal report in the facility records.” https://www.docr.nd.gov/sites/www/files/documents/jails/Jail%20Standards/ND%20
juvenile%20rules.pdf
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
Ohio Department of Youth Services has a nondiscrimination policy specific to upholding the rights of LGBTI youth and protections against discrimination on account of sexual orientation, gender identity and gender expression for youth in the juvenile justice system.
None known.
Ohio Admin. Code 5139-37-15
Juvenile rights
“(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.”
Ohio Department of Youth Services, Procedure No. 179-YSA-02, Lesbian, Gay, Bisexual, Transgender and Intersex Youth (April 1, 2019)
"It is the policy of the Ohio Department of Youth Services (DYS) to ensure that youth identified as
lesbian, gay, bisexual, transgender, questioning, or intersex (LGBTQI) who are placed in the custody
of DYS receive fair, equal and non-discriminatory treatment and medical care. Staff provide the
highest quality of services to all youth regardless of sexual orientation, gender identity or gender
expression. Additionally, it is the policy of DYS to respect and maintain the privacy of all youth and
to protect their information."
https://www.dys.ohio.gov/static/About+DYS/PREA/DYS_Policy_179-YSA-02.pdf
http://www.dys.ohio.gov/Inside-DYS/Youth-Safety-PREA
Ginine M. Trim, Deputy Director - Chief Inspector
Tel: (614) 644-7640
Fax: (614) 728-0472
Email: Ginine.Trim@dys.ohio.gov
None known.
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.
None known.
None known.
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
https://oklahoma.gov/oja/prea.html
None known.
Oklahoma Department of Human Services
Office of Client Advocacy
PO Box 25352
Oklahoma City, Oklahoma 73125-0352
Phone: (405) 522-2720
Fax: (405) 522-2680
https://oklahoma.gov/okdhs/contact-us/ocahome.html
Oregon has regulatory based protections against discrimination on account of sex, sexual orientation, gender identity, and gender expression. Oregon Youth Authority has policy based protections against discrimination on account of gender, sexual orientation and gender identity for 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.
Oregon Governor’s Advocacy Office (ODHS Ombuds), it is not juvenile justice specific.None known.
OAR 416-435-0010
Oregon Youth Authority, OYA Transgender, Gender Diverse, Gender Fluid, and Intersex Youth
"OYA staff must strive to treat all youth in custody (YICs) respectfully and without harassment and discrimination with consideration of each YIC’s individual circumstances, including race, ethnicity, religious beliefs, national origin, sex, physical or mental disabilities, sexual orientation, gender identity, gender expression, or intersex status. OYA seeks to provide an inclusive, safe, and positive human development environment for all YICs in its custody."
Oregon Youth Authority
Policy Statement, Part II – Youth Services, Offender Rights
"OYA staff must treat youth equally, regardless of race, ethnicity, religious beliefs,
national origin, gender , physical or mental disabilities, sexual orientation, gender
identity, or intersex status (LGBTQQI). OYA provides youth 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 a youth's physical and psychological wellbeing and are
equally available to all youth."
https://www.oregon.gov/oya/policies/ii-f-1.0.pdf
http://www.oregon.gov/oya/pages/pso/prea.aspx
http://www.oregon.gov/OYA/pages/index.aspx
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
Pennsylvania has regulatory based protections against discrimination on account of sex and sexual orientation for youth in residential facilities. Pennsylvania's Bureau of Juvenile Justice Services has a nondiscrimination policy upholding the rights of LGBTQ+ youth and protections against discrimination on account of sex, sexual orientation, gender identity, or gender expression for youth in the juvenile justice system.
The Philadelphia Juvenile Justice Center has a policy upholding the rights of LGBT youth under its care.