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Child Welfare State Policies Concerning LGBTQ Youth (research current as of September 2014*) Areas Covered: Public accommodations, social services (general), child welfare (specific services and programs), foster care (including child care centers, housing and training), juvenile detention/services, school and educational facilities and social worker guidelines Alabama Area of Law Law Title Policies Pertaining to LGBTQ Youth General Non Discrimination Ex Parte H.H., 830 So.2d 21 Case on child custody and LGBTQ caregivers: “The common law adopted in this State and upon which our laws are premised (Alabama 2002) likewise declares homosexuality to be detestable and an abominable sin. Homosexual conduct by its very nature is immoral, and its consequences are inherently destructive to the natural order of society. Any person who engages in such conduct is presumptively unfit to have custody of minor children under the laws of this state.” Ala. Code 1975 § 24-8-4, The Alabama Fair Housing Laws do not protect against discrimination on the basis of sexual orientation or gender identity. “Unlawful discriminatory housing practices” Social Services (general) AL ADC 660-1-1-.05 The Department of Human Resources does not include sexual orientation or gender identity in its nondiscrimination policy for “Nondiscrimination in the provision of services. Programs” *Please contact Bill Bettencourt if you have knowledge or information on any corrections, changes or additions to state policies reflected in this document. Child Welfare (specific AL ADC 660-5-34.02, Included in the list of abuse/neglect, and thus requires mandatory Child Abuse/Neglect reporting: services and programs) “Protective Services as “Bizarre Discipline is extreme or aberrant disciplinary actions, events, and/or devices, used in an attempt to set Specialized Social Services” behavioral standards or to modify behavior, which are manifestly over-reactive to the child's behavior and the disciplinary situation; and which place the child at risk of serious harm.” “Failure to provide supervision, care, and/or guidance, that protects children from serious physical harm or sexual abuse” “Mental Abuse/Neglect is extreme or aberrant behavior that directly results in severe impairment to a child's functioning. This allegation is based on a mental health professionals' written evaluation after the mental health professional is informed in writing of the Department's definition of mental abuse/neglect. The written evaluation must specify that the cited behavior fits within the department's definition in order for the allegation definition to be indicated.” Alabama Department of Human While the policy listed on the website does not specifically prohibit discrimination on the basis of sexual orientation or gender Resources, Food Assistant identity, the policy does say that “The eligibility rules and benefits amounts, based on income and household size, are Division discrimination policy determined by regulations issued by the United States Department of Agriculture (USDA), Food and Nutrition Service. USDA (found at is an equal opportunity provider and employer.” To be in accordance with current USDA policy, a program must not http://dhr.alabama.gov/services/ discriminate on the basis of sexual orientation or gender identity. For the full USDA policy, please visit: Food_Assistance/Food_Assistan http://www.usda.gov/wps/portal/usda/usdahome?navid=NON_DISCRIMINATION. ce_Division.aspx) Alabama Department of Human The nondiscrimination policy for state-provided child support services does not include sexual orientation or gender identity. Resources, “Your Rights” (found at http://dhr.alabama.gov/services/ child_support_services/Your_Ri ghts.aspx) Foster Care (including child AL ADC 660-5-37-.04 Regulations for Foster Care: “Clothing shall be stylish, properly fit, clean, and of good quality and appearance…the clothing care centers, housing and “Program” shall not be different from clothes worn by children in the community. Children shall have a part in the selection of their training) clothes.” “Punishment…Harsh and humiliating punishment, including corporal punishment, physical or emotional abuse, is prohibited. Verbal abuse of a child and derogatory remarks about a child or his/her family is prohibited. Punishment shall not be administered by peers.” AL ADC 660-5-37-.02 “Any child care facility accepting referrals from the Department of Human Resources shall be certified by the Department as “Personnel” being in compliance with all laws pertaining to non-discrimination” (only includes Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973 and the ADA; does not include LGBTQ status) *Please contact Bill Bettencourt if you have knowledge or information on any corrections, changes or additions to state policies reflected in this document. AL ADC 950-1-10-.06 Training requirements for staff at Comprehensive Youth Centers does not specifically include LGBTQ sensitivity training, but “Training requirements” does encourage “attendance in specialized workshops and child care conferences.” Juvenile Detention Facilities AL ADC 950-1-6-.07 “Juvenile Does not include sexual orientation or gender identity in its nondiscrimination policy for residential facilities and programs. Services” AL ADC 950-1-3-.10, “Ethical Service providers who provide treatment to juvenile sex offenders “will deliver services in a manner that maintains the dignity Standards” and worth of the client. Furthermore, providers should be knowledgeable about, sensitive to, and competent to practice with diverse ethnic, racial, social, and cultural groups.” AL ADC 950-1-6-.05, “Physical Juvenile residential facilities are required to have “written, policy, procedure, and practice [that] specify that juveniles are not Standards” subjected to corporal or unusual punishment, humiliation, mental abuse, or punitive interference with the daily functions of living, such as eating or sleeping.” School and Educational AL ADC 290-3-3-.50 “School Prospective school counselors shall demonstrate “knowledge of counselor’s roles in eliminating biases, prejudices, and Facilities Counseling” processes of intentional and unintentional oppression and discrimination.” Counselors must also demonstrate “knowledge of multicultural counseling issues, as well as the impact of ability levels, stereotyping, family, socioeconomic status, gender, and sexual identity, and their effects on student achievement.” AL ADC 290-3-3-.03 “Alabama Teachers have to have “knowledge of cultural, ethnic, gender, linguistic, and socioeconomic differences and how these may Quality Teaching Standards” affect individual learner needs, preferences, and styles.” Social Worker Guidelines AL ADC 850-X-9-.01 “The social worker shall act to prevent practices that are inhumane or discriminatory against any person or group of persons.” “Standards of Professional However, the list of specifically barred discriminatory practices does not include discrimination on the basis of sexual Conduct and Ethics” orientation or gender identity. *Please contact Bill Bettencourt if you have knowledge or information on any corrections, changes or additions to state policies reflected in this document. Alaska Area of Law Law Title Policies Pertaining to LGBTQ Youth General Non Discrimination Alaska Stat. Ann. § 18.80.230 Does not specifically prohibit discrimination on the basis of sexual orientation or gender identity in service and access to (West), “Unlawful practices in public accommodations places of public accommodation” Social Services (general) 7 AK ADC 105.400 “Grounds The nondiscrimination policy for Medicaid providers does not specifically bar discrimination on the basis of sexual orientation for sanctioning providers” or gender identity. (Medicaid) 7 AK ADC 12.534 “Civil rights Providers of social services are not specifically barred from discriminating on the basis of sexual orientation or gender identity. of recipients of services” Child Welfare 7 AK ADC 12.534 “Patients Patients in Home Health Agencies1 have the right to “appropriate and professional quality home health care rights” services…provided without discrimination based on race, creed, color, religion, sex, national origin, sexual preference, age, or diagnosis, but an agency may limit its practice to the provision of care or services for patients with a specific disease or diagnosis without violating this paragraph.” Foster Care (including child 15 AK ADC 154.755 “Equal Grant programs (including homeless assistance grants and multifamily affordable housing development grants) are not care centers, housing and opportunity” specifically barred from discriminating on the basis of sexual orientation or gender identity training) “Your Life – Your Future”: “Any youth [in residential programs] who is lesbian, gay, bisexual, transgender, questioning, intersex or two-spirit (LGBTQI2- Insider Info on Residential S) has the right to be safe and treated with dignity and respect.” Programs from Youth Who Have Been There” Juvenile Detention Facilities 7 AK ADC 52.435 “Religious “Participation in religious services conducted at a facility is voluntary.” Activity” 7 AK ADC 52.080, “Resident “Residents may adopt any hairstyle or length, if it is kept clean. However, when health-care personnel find that the length or Cleanliness and Grooming” style presents a health or sanitation problem, or the superintendent or superintendent's designee determines that the haircut or style identifies the juvenile as a gang member, the facility
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