-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
1/66
Welcome!We will begin at 2:00 p.m. ET
Please enable your speakers for audio.
It is always a good idea to close other windows while viewingthe webinar.
To ask a question during the session, use the chat tool to senda message to the host.
At the end of the session, you will be redirected to anevaluation.
For problems during the webinar, please contact PGi TechnicalSupport at 888-569-3848.
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
2/66
Help Us Count!
If you are viewing as a group, please go to the chat window and
type in the name of the person registered and the total
number of additional people in the room, e.g., Tammy Jones,
15. This will help us with our final count.
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
3/66
Understanding the Importance ofImplementing an Effective Justice System
Response for Lesbian, Gay, Bisexual,
Transgender, Questioning, and Intersex(LGBTQI) Youth in Custody
The Third Webinar in the Understanding and Overcoming the Challenges
Faced by LGBTQI Youth Series Hosted by
The Office of Juvenile Justice and
Delinquency Prevention
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
4/66
Webinar Objectives
Learn about the needs of LGBTQI youth in
custody Discuss new USDOJ regulations requiring the
protection of LGBTQI youth in custody
Describe effective programming for LGBTQIyouth in custody
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
5/66
Poll Question #1
Which category best describes you?
A. Group home staffB. Detention staff
C. Corrections staff
D. None of the aboveE. Other: __________
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
6/66
Poll Question #2
If you work in a facility, do you have any youth
in your facility who identify as LGBTQI/gendernonconforming?
A. Yes
B. No
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
7/66
Learn About the Needs of LGBTQIYouth in Custody
Mykel Selph
Director of the Office of Girls & Gender, Cook County
Juvenile Temporary Detention Center, Chicago, IL
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
8/66
Cook County Juvenile TemporaryDetention Center (JTDC)
In 2008, the JTDC began reorganization under
the leadership of Transitional Administrator
Earl Dunlap
Addressed staff shortages
Improved and increased medical and mental
health care
Rewrote policy and procedure manual
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
9/66
Implemented leadership training for management
staff
Provided 6-week pre-service training for incoming
staff
Developed relationships with community agencies
to provide programming for youth while detainedand upon re-entry
JTDC (continued)
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
10/66
Poll Question #3
If you work in a facility, what percentage of
youth in your facility identify asLGBTQI/gender nonconforming?
A. Less than 50%
B. Less than 25%
C. Less than 10%
D. None
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
11/66
Poll Question #4
How many youth do you think you have who
are LBGTQI/gender nonconforming but whohave not identified as such?
A. Many
B. Some
C. A few
D. None
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
12/66
Why are we focused on LGBTQIyouth? We only have 1 or 2 of them.
LGBTQI youth are present in secure facilities,
whether staff know it or not
Approximately 15% of incarcerated youth identify
as LGBT and/or gender non-conforming (Irvine,2010)
The few LGBTQI youth that facilities knowabout are only the ones who are out
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
13/66
LGBTQI youth at increased risk for bullying,
suicide, substance abuse, STIs, etc.
Disproportionately arrested for offenses such
as prostitution, running from home or
placement, and warrants (Irvine,2010)
LGBTQI staff should also be considered
Ensure safety for all youth
LGBTQI Youth (continued)
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
14/66
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
15/66
How are we supposed to keep 1kid safe when we have 16 others
we also have to worry about?
Heterosexism
Belief that everyone is or should be heterosexual
Homophobia Fear or hatred of LGBTQI people
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
16/66
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
17/66
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
18/66
The Prison Rape Elimination Act(PREA)
Justice Department issued final rule effective
August 20, 2012
Four sets of standards applicable in all
facilities across the U.S., juvenile and adult
Specific requirements address LGBTI youth
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
19/66
PREA
PREA Standards available here:
http://www.gpo.gov/fdsys/pkg/FR-2012-06-20/pdf/2012-12427.pdf
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
20/66
PREA (continued)
General Definitions
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
21/66
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
22/66
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
23/66
115.5 General Definitions
Transgendermeans a person whose gender
identity (i.e., internal sense of feeling male orfemale) is different from the persons assigned
sex at birth.
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
24/66
PREA
LGBTI standards
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
25/66
Prevention Planning 115.315 Limits to cross-gender viewing and searches
(e) The facility shall not search or physically examine a
transgender or intersex resident for the solepurpose of determining the residents genitalstatus. If the residents genital status is unknown, itmay be determined during conversations with theresident, by reviewing medical records, or, if
necessary, by learning that information as part of abroader medical examination conducted in privateby a medical practitioner.
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
26/66
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
27/66
Poll Question #5
Does your facilitys nondiscrimination policy
include/address LGBTI/gender nonconforming
youth?
A. Yes
B. No
C. Dont know
D. Facility does not have a nondiscrimination
policy
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
28/66
Training and Education 115.331 Employee training
(a)The agency shall train all employees who may have
contact with residents on:1. Its zero-tolerance policy for sexual abuse and sexual
harassment;
2. How to fulfill their responsibilities under agency
sexual abuse and sexual harassment prevention,detection, reporting, and response policies andprocedures;
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
29/66
Training and Education (continued)
3. Residents right to be free from sexual abuse and
sexual harassment;
4. The right of residents and employees to be free from
retaliation for reporting sexual abuse and sexual
harassment;
5. The dynamics of sexual abuse and sexual harassmentin juvenile facilities;
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
30/66
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
31/66
Training and Education (continued) 115.331 Employee training
(a) The agency shall train all employees who may havecontact with residents on:
9. How to communicate effectively and professionallywith inmates, including lesbian, gay, bisexual,transgender, intersex, or gender nonconforminginmates;
10. How to comply with relevant laws related tomandatory reporting of sexual abuse to outsideauthorities;
11. Relevant laws regarding the applicable age of consent.
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
32/66
Screening for Risk of SexualVictimization and Abusiveness
115.341 Obtaining information from residents
(c) At a minimum, the agency shall attempt to ascertaininformation about:
1. Prior sexual victimization or abusiveness;
2. Any gender nonconforming appearance or manner or
identification as lesbian, gay, bisexual, transgender, or
intersex, and whether the resident may therefore be
vulnerable to sexual abuse;
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
33/66
Screening (continued)
3. Current charges and offense history;
4. Age;
5. Level of emotional and cognitive development;
6. Physical size and stature;
7. Mental illness or mental disabilities;
8. Intellectual or developmental disabilities;
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
34/66
Screening (continued)
9. Physical disabilities;
10. The residents own perception of vulnerability; and
11. Any other specific information about individual
residents that may indicate heightened needs for
supervision, additional safety precautions, or
separation from certain other residents.
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
35/66
Screening for Risk of SexualVictimization and Abusiveness
115.342 Placement of residents in housing, bed,
program, education, and work assignments(c) Lesbian, gay, bisexual, transgender, or intersex
residents shall not be placed in particular housing,bed, or other assignments solely on the basis ofsuch identification or status, nor shall agenciesconsider lesbian, gay, bisexual, transgender, orintersex identification or status as an indicator oflikelihood of being sexually abusive.
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
36/66
Screening (continued)
(d) In deciding whether to assign a transgender or
intersex resident to a facility for male or female
residents, and in making other housing andprogramming assignments, the agency shall
consider on a case-by-case basis whether a
placement would ensure the residents health and
safety, and whether the placement would present
management or security problems.
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
37/66
Screening (continued)
(e) Placement and programming assignments for each
transgender or intersex resident shall be reassessed
at least twice each year to review any threats tosafety experienced by the resident.
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
38/66
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
39/66
Screening (continued)
(h) If a resident is isolated pursuant to paragraph (b) of
this section, the facility shall clearly document:
1. The basis for the facilitys concern for the residents
safety; and
2. The reason why no alternative means of separation
can be arranged.
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
40/66
Screening (continued)
(i) Every 30 days, the facility shall afford each resident
described in paragraph (h) of this section a review to
determine whether there is a continuing need forseparation from the general population.
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
41/66
Describe Effective Programming forLGBTQI Youth in Custody
Caleb Asbridge
Senior Associate, Juvenile Services, The Moss Group, Inc.,
Washington, DC
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
42/66
Issues to Consider Legal rights
Facility culture
Policy
Operational issues
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
43/66
Legal Rights Constitutional protections
8th Amendment - Cruel and Unusual Punishment
14th Amendment - Due Process Clause
Safety, security, medical and mental health
protections
Use of isolation
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
44/66
Assessing Facility Culture Current staff/youth attitudes toward sexual
orientation and gender identity differences
Current norms and informal procedures
Current level of support for non-traditional
sexual orientation/gender identity expression
Experiences of LGBTQI staff/youth
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
45/66
Policy Considerations Specific policy vs. embedding
Definitions of terms
Specific non-discrimination policy statement
Professional conduct guidelines
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
46/66
Operational Issues Youth gender identification
Legal vs. chosen name
Pronoun usage
Consistency of identification
Conflict with official documentation
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
47/66
Operational Issues (continued) Showering and restroom practices
Searches
Clothing and grooming
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
48/66
Operational Issues (continued) Use of segregation
Communication/interaction between same-
sex youth
Visitation rules
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
49/66
Operational Issues (continued) Group management
Appropriate social and recreational outlets
Transportation
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
50/66
Information Management Privacy rights
Staff responses to disclosure
Staff need-to-know
Communicating with family
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
51/66
Intake Screening and Classification What information is gathered and by whom?
What follow-up questions should be asked?
What are medical/mental health referral
procedures?
What information will be shared with other
departments?
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
52/66
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
53/66
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
54/66
Medical and Mental HealthServices (continued)
Mental health treatment and counseling Sex offender treatment
Emotional support services
LGBTQI-specific health care concerns
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
55/66
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
56/66
Staff, Volunteer, and ContractorTraining Requirements
All LGBTQI-related policies (including non-
discrimination)
Professional boundaries and communication
Adolescent development
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
57/66
Youth Education Agency non-discrimination policy
Right to report discrimination, bullying,
violence, or threats
Housing, clothing, and grooming
accommodations
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
58/66
Youth Education (continued) Available medical and mental health services
Available counseling and family support
services
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
59/66
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
60/66
Resources Growing Up LGBT In America, Human Rights Campaign
Report (www.hrc.org/youth)
National Center for Lesbian Rights (www.nclrights.org) Guide for Group Care Facilities
Legal Rights of LGBT Youth
National Institute of Corrections (www.nicic.gov/lgbti) The Moss Group (www.mossgroup.us/lgbti)
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
61/66
Additional Resources National Center for Youth in Custody
www.nc4yc.org
National PREA Resource Center www.prearesourcecenter.org
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
62/66
Questions submitted during the presentation will now be
addressed!
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
63/66
Please take 5 minutes to fill out the online evaluation, which
will be available immediately upon exiting WebEx.
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
64/66
Webinar Archives
Approximately 10 business days after thewebinar, you can access the slide presentation,
audio recording, and transcript at www.nttac.org.
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
65/66
For more information, please contact:
The Office of Juvenile Justice and
Delinquency Prevention (OJJDP)
http://www.ojjdp.gov
OJJDPs National Training and Technical Assistance
Center (NTTAC)
http://www.nttac.org
-
7/31/2019 Part Three: Understanding the Importance of Implementing an Effective Justice System Response for Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth in Custody
66/66
Please take 5 minutes to fill out the online evaluation, which
will be available immediately upon exiting WebEx.