PRACTICE KIT 10 LGBTQ Youth Advocacy April 2018 PRACTICE KIT 10 LGBTQ Youth Advocacy April 2018 TABLE OF CONTENTS 1. Introduction 2. Working With LGBTQ Youth 3. Education 4. Housing and Placement 5. Health Care 6. Juvenile & Criminal Justice 7. Employment 8. Name and Gender Change 9. Additional Resources Table of Contents, page 2 TABLE OF CONTENTS I. Introduction a. Overview II. Working With LGBTQ Youth a. Acronyms and Terminology i. Overview ii. Acronyms iii. Other Terminology iv. Additional Resources b. Legal Rights and Protections i. Federal Non-Discrimination Law Overview ii. District of Columbia Non-Discrimination Law Overview iii. Additional Resources c. Background Reading & Additional Resources i. An Introduction to the LGBTQ Experience ii. Understanding LGBTQ Youth iii. Best Practices for Working with LGBTQ Youth iv. Best Practices for Working with Transgender and Gender Expansive Youth III. Education a. Legal Rights and Protections i. Federal Law Overview ii. Federal Law Resources iii. District of Columbia Law Overview iv. Maryland Law Overview v. Organizations, Offices, and Other Contacts b. LGBTQ Youth in School i. Bullying, Harassment, and Discrimination ii. For Students iii. For Caregivers, Educators, and Other Advocates iv. Organizations and Other Programs c. Unique Issues for Transgender and Gender Expansive Students i. Safety & Inclusivity ii. Transitioning in School iii. Additional Resources iv. Organizations and Websites IV. Housing and Placement a. Legal Rights and Protections i. Federal Law Overview Table of Contents, page 3 ii. District of Columbia Law Overview iii. Organizations and Websites b. LGBTQ Affirming Placements & Permanency i. Overview ii. Identifying an Affirming Placement and Achieving Permanency iii. Supporting Transgender and Gender Expansive Youth iv. Resources for Foster Parents v. Organizations and Other Programs V. Health Care a. Legal Rights and Protections i. Federal Law Overview ii. Federal Law Resources iii. District of Columbia Law iv. Offices b. LGBTQ Youth and Issues in Health Care i. Basic Information ii. Discrimination and Disparities iii. Standards of Care iv. Finding and Interacting with Providers v. Specific Health Care Issues vi. The Dangers of Conversion Therapy vii. Organizations, Providers, and Other Contacts c. Unique Issues Facing Transgender Youth in Health Care i. Basic Information ii. Discrimination iii. Standards of Care iv. Finding and Interacting with Providers v. Specific Health Care Issues vi. Transitioning vii. Additional Resources viii. Organizations, Providers, and Other Contacts VI. Juvenile & Criminal Justice a. Legal Rights and Protections i. Overview ii. Federal Law iii. District of Columbia Law iv. Additional Resources v. Organizations b. LGBTQ Youth and Issues in the Justice System i. Discrimination and Abuse ii. School-to-Prison Pipeline & Disproportionate Representation iii. Supporting Youth & Improving Outcomes Table of Contents, page 4 iv. Practice Guides & Tips for Advocates v. Transgender Youth vi. Organizations VII. Employment a. Legal Rights and Protections i. Federal Law Overview ii. Federal Law Resources iii. District of Columbia Law iv. Maryland Law v. Additional Resources b. LGBTQ Youth and Issues in Employment i. Discrimination and Its Effects ii. Finding and Creating a Supportive Workplace iii. Transgender Employees iv. Organizations and Other Programs VIII. Name and Gender Change a. Overview i. The Importance of a Name and Gender Change ii. Obtaining a Name and Gender Change b. Legal Rights and Protections: Washington, DC i. Overview of the Process ii. Important Forms iii. Relevant Law & Regulations iv. Additional Community & Legal Resources c. Legal Rights and Protections: Maryland i. Overview of the Process ii. Important Forms iii. Relevant Law & Regulations iv. Additional Community & Legal Resources d. Additional Resources i. Obtaining a Name and Gender Change in Virginia ii. Obtaining a Name and Gender Change in Other Jurisdictions iii. Updating Other Documents iv. Organizations IX. Additional Resources a. Resources for LGBTQ Youth i. Foster Care & Independent Living ii. Coming Out iii. Organizations & Other Resources b. National & Local Organizations LGBTQ Youth Advocacy Practice Kit Overview Existing research has shown that lesbian, gay, bisexual, transgender, and questioning (LGBTQ) youth are overrepresented in foster care.1 One study found that approximately 13% of youth in foster care identify as LGBQ, compared to almost 7% in the general youth population, and approximately 5% of youth identified as transgender, while 2.25% of youth in the general population did.2 In addition to being at an increased risk for suicide, homelessness, and substance abuse,3 LGBTQ youth also face “a foster care system that is ill-equipped to competently meet their needs and subjects them to further bias and discrimination.”4 The American Bar Association’s Opening Doors Project reported that almost 75% of LGBTQ youth in foster care believe they experience prejudicial treatment by service providers because of their sexual orientation or gender identity.5 Another 70% of LGBTQ youth in a group home setting reported experiencing violence based on their identity and 78% were removed or ran away from placement because of hostility toward their LGBTQ status.6 The 5th edition of Children’s Law Center’s LGBTQ Youth Advocacy Practice Kit, updated as of April 2018, is intended to serve as a resource for attorneys to better support and advocate for LGBTQ youth in foster care. Previous editions of this practice kit included extensive attachments. In an effort to streamline and make it more user-friendly, all attachments have been removed and replaced by documents containing short descriptions and links to relevant resources. The practice kit is divided into eight chapters. Chapter II, entitled “Working with LGBTQ Youth,” provides essential, basic information for any advocate, including an acronym and terminology guide and background reading. Chapters III-VIII explore key topical areas, including education, health care, and juvenile justice. All chapters contain (1) a subsection detailing the legal rights and protections afforded to LGBTQ youth in that topical area and (2) an issues subsection that explores problems and areas of concern for LGBTQ youth in that topical area. In Chapters IV, VI, and VII, resources that are specific to transgender and gender expansive youth can be found within those issues subsections, while Chapters III and V have a separate subsection highlighting unique challenges that are faced solely or primarily by transgender and gender expansive youth.7 As of April 2018, the most current and up-to-date information should be included in all areas covered in this Practice Kit; however, the landscape in this area is rapidly changing. As such, practitioners should independently verify that any guidance or resources are still current before employing them in practice. 1 HUMAN RIGHTS CAMPAIGN, LGBTQ YOUTH IN THE FOSTER CARE SYSTEM 2, https://bit.ly/2v1CThv. 2 Id. 3 MIMI LAVER & ANDREA KHOURY, OPENING DOORS FOR LGBTQ YOUTH IN FOSTER CARE: A GUIDE FOR LAWYERS AND JUDGES 8-9 (2008), https://bit.ly/2qaly0K. 4 HUMAN RIGHTS CAMPAIGN, supra note 1, at 2. 5 MIMI LAVER & ANDREA KHOURY, supra note 3, at 9. 6 Id. at 1. 7 Please note, while Chapters III and V have these separate subsections, many of the resources contained in the LGBTQ issues subsections in those chapters will still be applicable to transgender and gender expansive youth. Working with LGBTQ Youth Acronyms & Terminology Overview While many people likely know that LGBT stands for lesbian, gay, bisexual, and transgender, some may be less familiar with other acronyms and terminology that appear in the materials discussed in this practice kit. Below is a brief introduction to some of those terms, along with recommendations for other sources with more complete glossaries and explanations. The charts provided in this section, along with the additional resources, are not comprehensive. Moreover, there are certain terms and acronyms that hold different meanings depending on the person, organization, or publication using it. Not everyone will agree with the wording of the definitions provided below, and there are many terms not included here or in the additional resources. Finally, terms and definitions in this area are continually changing and evolving. Multiple glossaries are provided in the additional resources section, in addition to the definitions provided here, that demonstrate the varied definitions of many of the terms discussed here. While there is some discussion in this section of the varied meanings behind certain terms and acronyms, it is important to remember that, in practice, you should simply ask your client what terms they identify with or if there are terms they expressly do not want you to use to describe them. Materials specifically addressing how to talk with your clients about sexual orientation, gender identity, and gender expression are provided in the additional resources for this section. Acronyms LGBTQ—Lesbian, Gay, Bisexual, Transgender, & Questioning1 Lesbian Describes a woman who is attracted to other women. Gay Describes a person who is attracted to individuals of the same gender. While historically used to refer specifically to men, it is often used to refer to women attracted to other women as well. Bisexual Describes a person who is attracted to both men and women, though not necessarily simultaneously. A bisexual person may not be equally attracted to both