Protecting Incarcerated Gay and Lesbian Youth (Emily Jane Goodman)

This article appeared in the Gotham Gazette on June 4, 2008
http://www.gothamgazette.com/article/issueoftheweek/20080602/200/2544

Protecting Incarcerated Gay and Lesbian Youth
by Emily Jane Goodman
June 4, 2008

Young New Yorkers who are defined by themselves or others as LGBTQ - lesbian, gay, bisexual, transgender or questioning their identity - are often at risk for mental, emotional and physical harm in school, at home, and in social and employment situations. They may experience discrimination, harassment, bullying and violence because of their sexuality, sexual preference and personal style. The risks these teens face in state-run residences, including correctional facilities, can be particularly daunting and dangerous.

Now the New York State Office of Children and Family Services has amended its policies to add gender identity, gender expression and sexual orientation to the characteristics protected from discrimination i.e., race, creed, color, age, sex, national origin, religion, marital status, mental or physical disability. The policy is designed to protect youth from discrimination or mistreatment in all residential settings, including jails, prisons and juvenile detention centers.

"All adolescents experience developmental and social challenges," the policy statement said. "However, LGBTQ youth frequently face additional pressures based on their gender identity or sexual orientation."

As a result, the policy states, "The majority of LGBTQ youth report alcohol and drug use as common mechanisms for coping with feelings of severe isolation," additional and typical risks, which presumably must now be addressed."

What the Policy Does

Effective March 2008 all of the agency's staff and private contractors are prohibited from engaging in any form of discrimination against or harassment of youth on the basis of gender identity and expression, or sexual orientation. The policy states that discrimination or harassment of youth for these reasons by staff or other youths, "will not be tolerated."

The agency promises to retrain staff and provide information to all youth in state facilities about their rights and how to report violations. Under the policy, staff are obligated to report violations by colleagues.

The Office of Children and Family Services policy, though, goes beyond simply prohibiting discrimination. It also seeks to make these young people more comfortable with their identities.

For example, it states, "Clinicians should help LGBTQ youth explore their feelings about their gender identity or sexual orientation, along with related issues and questions, in a safe, affirming manner. Clinicians should help youth reduce co-occurring problems or distress related to their gender identity or sexual orientation, and develop their strengths, coping skills, and resiliency."

LGBTQ Decision-making Committees will have to be established in all facilities. Placement in specialized lesbian, gay of transgender units and facilities will be considered, where appropriate, for individual youth. Also, health care clinicians shall not assume any pathology simply because a youth expresses a particular gender identity or sexual orientation.

In other medical issues, those who may be taking hormones, perhaps in the context of gender reassignment, will be treated in accord with the protocols for the continuation of other prescribed medications.

Staff members have been instructed to use politically correct language and that "homosexual" or "transvestite" are "antiquated and have been replaced with "gay," "lesbian," "bisexual" and "transgender." Morever, each individual may choose a new first name and their preferred pronoun for self-reference. Staff must use those names and pronouns. Residents may wear undergarments of their choice regardless of gender, although uniforms are required for outer clothing. Finally, transgender youth have a right to one-person sleeping quarters and individual showers "to allow for privacy." Presumably that avoids the designation of male or female quarters.

Transgender youth may request either a male or female staff member to perform any necessary strip searches. The request "will be accommodated, whenever possible, considering staffing and safety needs."

Emily Jane Goodman is a New York State Supreme Court Justice.