Child advocates and experts from a host of disciplines have documented for over a decade the overrepresentation of lesbian, gay, bisexual, transgender and queer or questioning (LGBTQ+)1 youth in child welfare, juvenile justice and runaway and homeless youth systems2 (“out-of-home care systems”) compared to the general population.3 Further, transgender,4 gender-expansive5 and gender-nonconforming6 (TGNC)7 youth, who may identify across the sexual orientation spectrum,8 are overrepresented in these systems at even higher rates than youth who identify as LGBQ.9
Data are scarce regarding the particular experiences of TGNC youth in out-of-home care.10 However, extraordinarily high rates of family rejection, societal discrimination, and victimization of TGNC people11—including staggering rates of violence against transgender women of color12—and anecdotal evidence suggest that TGNC youth in out-of-home care are exposed to even harsher and more abusive treatment than LGBQ youth in these systems. Most out-of-home care placements and facilities are sex-specific and many aspects of youths’ supervision and care are governed by regulations that reference a youth’s sex (or gender). This makes it particularly important to ensure that out-of-home care practices are accepting and affirming for TGNC young people.13 For example, placing a young woman who is transgender on the boys’ floor in a child welfare group home, juvenile justice facility or shelter for youth experiencing homelessness can be dangerous, exposing her to bullying, physical assaults and even sexual abuse. At its core, such a placement constitutes a refusal to fully affirm the youth’s identity and may contribute to suicidal ideation and depression and exacerbate gender dysphoria,14 among other undesirable health outcomes.15 Lack of affirmation for TGNC youth in care is, too frequently, accompanied by discrimination and mistreatment in school, at work, and within their communities. Stigma, conflicts around gender nonconformity and racial identity also contribute to the criminalization of TGNC young people, particularly TGNC youth of color, at higher rates than their cisgender16 and gender-conforming peers.17 Without assistance and support from out-of- home care providers, these issues may remain unaddressed, leading to disparately poor life outcomes for these young people.