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State-by-State Analysis of Juvenile Legal Systems

This map and summary outlines state protections in the nation’s juvenile legal system. Scroll down to select your state and find it’s specific information.

The following is a summary of explicit state statutory-, regulatory- and policy-based protections, where they exist, against discrimination on account of sexual orientation, gender identity and gender expression (“SOGIE”) in the nation’s juvenile legal system. For jurisdictions without explicit SOGIE protections, the authors have highlighted where youth are explicitly protected from discrimination on account of sex or gender as courts continue to clarify that sex- or gender-based discrimination includes discrimination on account of gender identity or gender stereotyping. States marked with an asterisk (*) have a juvenile legal or juvenile detention policy specific to upholding the rights of lesbian, gay, bisexual, transgender, questioning and gender-nonconforming (“LGBTQ+”) youth in care, which includes information regarding practice guidelines in addition to a nondiscrimination clause. We have also included local LGBTQ+-specific detention policies.

In addition to the explicit protections listed here, youth placed out-of-home in government care, including youth in the juvenile legal system, have constitutional rights to due process and equal protection and may, in some states or cities, be protected by state or local public accommodation or human rights laws or ordinances, to the extent that they apply to juvenile legal systems and/or facilities.

Although state-wide juvenile legal agencies provide some degree of system oversight in all states, many juvenile detention facilities and probation or parole offices are managed by counties or municipalities. Due to the large volume of counties and municipalities in the United States, we likely have not captured all local protections and LGBTQ+-specific policies.

Where available, we have provided information regarding rights of children in the state’s juvenile legal system even if they are not SOGIE-inclusive. We also list grievance procedures and ombudsman’s offices. If LGBTQ+ youth in care experience harm or discrimination, grievances and complaints may serve as tools to address disparate treatment, among other advocacy options.

The authors have attempted to gather all available information, but this is likely not an exhaustive list. Please contact Amy Cook, acook@lambdalegal.org, if you notice an error or that we unintentionally missed a statute, law or agency policy in your jurisdiction.

Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | District of Columbia | Florida | Georgia | Guam | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Puerto Rico | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming

LGBTQ-Specific Policy

  • Colorado has regulatory based protections against discrimination on account of sex and sexual orientation youth in the juvenile justice system. In addition, Colorado Department of Human Services, Division of Juvenile Corrections has a nondiscrimination policy specific to upholding the rights of LGBTQI youth and protections against discrimination on account of sexual orientation or gender identity for youth in the juvenile justice system.

    Colorado has law banning conversion therapy. The state prohibits the practice of “[e]ngaging in conversion therapy with a patient who is under eighteen years of age.” The law defines such efforts as “any practice or treatment by a licensed physician specializing in the practice of psychiatry that attempts or purports to change an individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex.” Colo. Rev. Stat. §§ 12-36-102.5, 12-36-117, 12-240-104, 12-240-121. See also H.B. 19-1129 (2019).

    Colorado has a child protection ombudsman who receives complaints regarding the Division of Youth Services.

    Statute: None known.

    Regulation:

    • 12 Colo. Code Regs. § 2509-7:7.604
      ANTI-DISCRIMINATION
      “A. County department staff shall not deny a person aid, services, or other benefits or opportunity to participate therein, solely because of age, race, color, religion, creed, sex, national origin, political beliefs, method of payment, sexual orientation, veterans status, or disability.”
    • 12 Colo. Code Regs. § 2509-8:7.713.2
      7.713.22  Youth Rights and Grievance Procedures
      “A. Each licensed center shall have written policy and procedure which addresses and insures the availability of each of the following rights for residents:
      1. No youth shall be subject to discrimination based on race, religion, national origin, sex, or physical handicap.
      2. There is equal access to programs and services for male and female youth in co-correctional centers.”

    Policy:

    • Colorado Department of Human Services, Division of Juvenile Corrections, Policy S 13.9, Non-Discriminatory Services to Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Juvenile (Feb. 24, 2017)
      “Discrimination or harassment on the basis of actual or perceived sexual orientation or gender identity shall not be tolerated. If staff, contractors or volunteers become aware that a juvenile is being subjected to harassment or violence by staff, volunteers, contracts, or other juveniles, staff shall respond according to Colorado Department of Human Services and, Division of Youth Corrections policies.”
      https://drive.google.com/file/d/0B6RNEF9DYEdYbDdNVHRyWDJGcFU/view

    PREA Policy: https://cdhs.colorado.gov/dys-and-the-prison-rape-elimination-act

    State Agency Website: https://www.colorado.gov/cdhs/dys

    Grievance Procedure:

    • Child Protection Ombudsman File a Complaint https://coloradocpo.org/complaint-form/
    • 12 Colo. Code Regs. § 2509-7:7.606
      “The governing body of each county, and city and county, shall establish a grievance process, including a citizen review panel, as required by Section 19-3-211, C.R.S. A grievance filed by a complainant concerning the conduct of a county department employee can be submitted to the county department or the Colorado Department of Human Services Client Services unit.”

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Connecticut Department of Children & Families has policy based protections against discrimination on account of sexual orientation, gender identity, or gender expression. The Department has a nondiscrimination policy specific to upholding the rights of LGBTQI youth in care and has a best practice guide for working with transgender youth and caregivers.

    Connecticut has law banning conversion therapy. The state bars health care providers from administering “conversion therapy” to any person under 18 years of age. The law defines conversion therapy as any practice that “seeks to change the person’s sexual orientation or gender identity.” It characterizes conversion therapy as “an unfair or deceptive trade practice” and bars the expenditure of public funds for its purpose. Conn. Gen. Stat. Ann. §§ 19a-907-907c. See also H.B. 6695 (2017).

    The state Department of Children and Families has an ombudsman and Connecticut has an Office of the Child Advocate.

    Statute:  None known.

    Regulation: None known.

    Policy:

    • Connecticut Department of Children & Families, Policy 21-16, Non-Discrimination of LGBTQQIAA Individuals 
      “The Department shall not delay or deny mentoring services, or the placement of a child for adoption or into foster care, or discriminate against any person, including:
      children, youth and adolescents under its care; biological, foster or adoptive parent(s); mentor(s) and tutor(s); and applicant(s) wishing to become a foster or adoptive parent(s) or mentor(s), who can meet all children’s needs
      on the basis of: gender identity and/or expression; marital/partner or cohabitation status; and actual or perceived inherent sexuality.” https://portal.ct.gov/-/media/DCF/Policy/Chapters/21-16.pdf
    • Connecticut Department of Children & Families, Working with Transgender Youth and Caregivers Practice Guide 
      https://portal.ct.gov/-/media/DCF/Policy/BPGuides/21-16PG-Transgender.pdf

    PREA Policy: http://portal.ct.gov/DOC/Miscellaneous/PREA

    State Agency Website: https://portal.ct.gov/opm/cj-jjyd/main-navigation/juvenile-justice-system#System

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Delaware has policy based protections against discrimination on account of gender, sex, sexual orientation, gender identity, or gender expression for youth in the juvenile justice system. Delaware Division of Youth Rehabilitative Services has a nondiscrimination policy specific to upholding the rights of LGBTQI youth in the juvenile justice system.

    Delaware has law banning conversion therapy. The state considers it “unprofessional conduct” and “grounds for discipline” for any person certified to practice medicine, licensed nurses, mental health or chemical dependency professionals, psychologists, or clinical social workers to engage in “conversion therapy” with a child. The bill defines conversion therapy as “any practice or treatment that seeks to change an individual’s sexual orientation or gender identity.” S.B. 65, (2018). See also Del. Code tit. 24, §§ 1702, 1731, 1902, 1922, 3002, 3009, 3502, 3514, 3902, 3915, Del. Code tit. 29, § 9003.

    Delaware has an Office of the Child Advocate. The State Department of Services for Children, Youth and their Families does not have a dedicated ombudsman, but does invite “concerns or complaints.”

    Statute:

    • Del. Code Ann. tit. 13, § 2522
      Rights of children in DSCYF custody
      “(a) All dependent, neglected and abused children in DSCYF custody under this chapter shall have the following rights in accordance with their ages and developmental levels, unless prohibited by court order:
      (5) To receive appropriate placement services.
      (8) To participate in the formation and maintenance of their foster care service, transitional and independent living and transition plans, where applicable”

    Regulation: None known.

    Policy:

    • Delaware Children’s Department Policy
      Policy No. 217, Nondiscrimination Policy 
      II. Policy
      “It is the policy of DSCYF that no person shall, on the grounds of a person’s race, color, national origin, gender, age, sex, pregnancy, marital status, sexual orientation, gender identity or expression, religion, creed, disability, veteran’s status, or any other category protected by state and/or federal laws, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program or activity which is administered by the Department.”
      https://kidsfiles.delaware.gov/policies/dscyf/dsc217-non-discrimination.pdf
    • Division of Youth Rehabilitative Services
      Chapter 2: Professional Practices, Policy No. 2.20
      Subject: Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI), https://kidsfiles.delaware.gov/policies/yrs/2.20_LGBTQI.pdf

    PREA Policy: https://kids.delaware.gov/youth-rehabilitative-services/prea/

    State Agency Website: https://kids.delaware.gov/youth-rehabilitative-services/

    Grievance Procedure: 

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • The District of Columbia has statutory based protections against discrimination on account of sex, sexual orientation, gender identity, and gender expression for youth in the juvenile justice system. The District of Columbia, Department of Youth Rehabilitation has a nondiscrimination policy specific to upholding the rights of LGBTQI youth and protections against discrimination on account of sexual orientation, gender identity, and gender expression in the juvenile justice system.

    The District has law banning conversion therapy. The District prohibits providers from engaging in “sexual orientation change efforts” on minors, which is defined as “practice by a provider that seeks to change a consumer’s sexual orientation, including efforts to change behaviors, gender identity or expression, or to reduce or eliminate sexual or romantic attractions or feelings toward a person of the same sex or gender[.]” D.C. Code Ann. §§ 7-1231.02, 7-1231.14a. See also  B20-0501 (2014).

    The District of Columbia has an ombudsman’s office for the Child and Family Services Agency.

    Statute:

    • D.C. Code Ann. § 2-1402.73
      Application to the District government.
      “Except as otherwise provided for by District law . . . it shall be an unlawful discriminatory practice for a District government agency or office to limit or refuse to provide any facility, service, program, or benefit to any individual on the basis of an individual’s actual or perceived: race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, disability, matriculation, political affiliation, source of income, place of residence or business, status as a victim or family member of a victim of domestic violence, a sexual offense, or stalking, or homeless status.”

    Regulation: None known.

    Policy:

    • Government of the District of Columbia, Department of Youth Rehabilitation Services, Policy DYRS-007, Lesbian, Gay, Bisexual, Transgender, Questioning and Intersex (LGBTQI) Youth
      “DYRS staff shall provide the highest quality of services to youth regardless of actual or perceived sexual orientation, gender identity, or gender expression. Staff shall provide fair and equal treatment to all youth in DYRS care and custody, and shall protect youth from harassment and discrimination. DYRS staff shall work to meet the diverse needs of youth in their care and shall provide a safe, healthy and accepting environment in which all individuals are treated with respect and dignity.”
      https://dyrs.dc.gov/sites/default/files/dc/sites/dyrs/publication/attachments/DYRS-007LesbianGayBisexualTransgenderQuestioningandIntersexLGBTQIYouth.pdf

    PREA Policy: https://dyrs.dc.gov/sites/default/files/dc/sites/dyrs/publication/attachments/DYRS-006PreventionofandResponsetoSexualMisconduct.pdf

    State Agency Website: https://dyrs.dc.gov/page/dc-juvenile-justice-system

    Grievance Procedure:

    Ombudsman:

    • District of Columbia Child and Family Services Agency Youth Ombudsman
      200 I Street, SE
      Washington, District of Columbia 20003
      Phone: (855) 874-3273
      Fax: (202) 727-6505
      Email: yo.bud@dc.gov
      https://ofc.dc.gov/

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Georgia Department of Juvenile Justice has policy based protections against discrimination on account of sex, gender, sexual orientation, and gender identity for youth in the juvenile justice system. Georgia has a nondiscrimination policy specific to upholding the rights of LGBTQI youth in the juvenile justice system.

    Georgia has a juvenile justice ombudsman.

    Statute: None known.

    Regulation: None known.

    Policy:

    • Georgia Department of Juvenile Justice, Policy No. 15.1 Basic Rights and Responsibilities of Youth
      “I. POLICY:
      All youth in the custody of the Department of Juvenile Justice shall be afforded rights that are clearly defined, including the right to be free from harassment and unlawful discrimination …
      II. DEFINTIONS: …
      Harassment: Unwelcome, unlawful verbal, written, or physical conduct pertaining to an individual’s race, color, religion, sex, gender, sexual orientation, national origin, age, disability, pregnancy, childbirth, or related medical conditions when that conduct:
      – Is sufficiently severe, persistent, or pervasive that it affects a youth’s ability to participate in or benefit from the program or activity or creates an intimidating, hostile, threatening or abusive environment;
      – Has the purpose or effect of substantially or unreasonably interfering with a youth’s performance; or
      – Adversely affects the youth’s learning opportunities.
      Examples of harassment include, but are not limited to: intimidation or threats of physical violence, physical acts of aggression of assault, demeaning comments, racial jokes or slurs, or other derogatory remarks, or written or visual displays (drawings, graffiti, etc.) expressing derogatory sentiments …
      Unlawful Discrimination: A violation of a person’s rights based upon the person’s race, religion, color, sex, sexual orientation, age, national origin, disability, political views, pregnancy, childbirth or related medical conditions.
      III. Procedures: …
      G. All youth (male or female) in secure facilities and residential programs will be treated in accordance with the following standards: …
      2. To be free of unlawful discrimination, harassment, and bullying”
      https://public.powerdms.com/GADJJ/tree/documents/28144
    • Georgia Department of Juvenile Justice, Policy No. 23.3 Lesbian, Gay, Bisexual, Transgender, Intersex (LGBTI) 
      “I. POLICY:
      The Department of Juvenile Justice ensures that youth under the care of the Department who identify as lesbian, gay, bisexual, transgender, or intersex receive fair, equal, and non-discriminatory treatment and medical care, and that staff provide the highest quality of services to all youth regardless of sexual orientation, gender identity, or gender expression…
      III. GENERAL PROCEUDRES…
      C. Staff, visitors, contractors, volunteers, and interns will not discriminate against or harass any youth in their care based on the youth’s actual or perceived sexual orientation or gender identity. All new staff, contractors, volunteers, and interns will be trained in appropriate policies and procedures in accordance with DJJ 4.2, New Employee on the Job Training.
      D. Staff, visitors, contractors, volunteers, and interns will protect youth from discrimination, physical and sexual harassment, bullying or assault, and verbal harassment by other youth, based on a youth’s actual or perceived sexual orientation or gender identity.”
      https://public.powerdms.com/GADJJ/tree/documents/29195
    • Georgia Department of Juvenile Justice, Resource Guide & Student Handbook
      “Notice of Non-Discrimination
      The Department of Juvenile Justice School System does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, pregnancy, childbirth or related medical conditions, genetic information, or sexual orientation in its programs, activities, or employment practices pursuant to The Department of Juvenile Justice policy 3.20 (Non-discrimination in the Workplace), Title IV and VII of the 1964 Civil Rights Act, Section 504 of the Federal Rehabilitation Act of 1973, Title IX of the 1972 Educational Amendments, Title I and II of the Americans with Disabilities Act of 1990, and Americans with Disabilities (ADA) Amendments Act of 2008.”
      https://djj.georgia.gov/document/publication/studenthandbook2019pdf/download

    PREA Policy: https://djj.georgia.gov/prison-rape-elimination-act-prea

    State Agency Website: https://djj.georgia.gov/

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Hawaii Department of Human Services has policy based protections against discrimination on account of sex/gender (expression or identity), sexual orientation. Hawaii’s sole juvenile justice facility has a nondiscrimination policy specific to upholding the rights of LGBT youth in its care.

    Hawaii has law banning conversion therapy. The state prohibits any person who is “licensed to provide professional counseling” from engaging in or advertising “conversion therapy” on anyone under 18 years of age. The law defines conversion therpay as “practices or treatments that seek to change an individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender” Haw. Rev. Stat. § 453J-1. See also S.B. 270 (2018).

    Hawaii does not have a juvenile justice-specific ombuds, the Office of the Ombudsman handles complaints against all state and county agencies.

    Statute: None known.

    Regulation: None known.

    Policy:

    • Hawaii Youth Correctional Facility, Policy No. 1.43.03, Non-Discriminatory, Developmentally-Sound Treatment of Lesbian, Gay, Bi-Sexual and Transgender (LGBT) Youth 
      http://www.lambdalegal.org/sites/default/files/jj_hawaii_2007.pdf
    • Hawaii Department of Human Services
      Policy No. 4.10.1, Discrimination Complaints Policy
      “It is the policy of the DHS to assure a work and service environment free from discriminatory practices for all department employees, applicants for employment, applicants for participation in the DHS programs, and participants in DHS programs. The work and service environments shall be without discrimination, retaliation for having filed a complaint, and/or harassment on the basis of age, arrest/court records, breastfeeding, child support assignment, citizenship, credit history, disability (physical or mental), domestic/sexual violence victim status, genetic information, National Guard absence, national origin/ancestry, political belief, race or color, religion, relationship status, sex/gender (expression or identity), sexual orientation, veteran status, retaliation for filing a complaint or participating in complaint process, and harassment based on one or more of the protected factors listed here or might be added to law periodically.”
      http://humanservices.hawaii.gov/wp-content/uploads/2014/10/Policy-4.10.1-Disc-Complaint.pdf
    • Hawaii Department of Human Services, Non-discrimination Notice
      “In accordance with federal and state laws, U. S. Department of Agriculture (USDA), and U.S. Department of Health and Human Services (USHHS) policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex/gender (expression or identity), age or disability.”
      http://humanservices.hawaii.gov/oys/
      [Select Non-discrimination notice at bottom of page]

    PREA Policy: https://humanservices.hawaii.gov/wp-content/uploads/2018/11/PREA-Policy_final-signed-11-30-18.pdf

    State Agency Website: http://humanservices.hawaii.gov/oys/

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Idaho has regulatory based protections against discrimination on the basis of sex for youth in the juvenile justice system. Idaho Department of Juvenile Corrections has policy based protections against discrimination on the basis of sex and sexual orientation for youth in the juvenile justice system. The agency also has a nondiscrimination policy upholding the rights of LGBTQI youth in the juvenile justice system.

    Idaho does not have a juvenile justice-specific ombuds.

    Statute: None known.

    Regulation:

    • Idaho Admin. Code r. 05.01.02.210
      DETENTION CENTER ADMINISTRATION.
      “5. Policy and Procedures. The detention center administrator shall develop and maintain written policy and procedures which safeguard the basic rights of juvenile offenders and safeguard the juvenile offenders’ freedom from discrimination based upon sex, race, creed, religion, national origin, disability, or political belief and establish practices that are consistent with fundamental legal principles, sound correctional practices, and humane treatment. These written policy and procedures shall be reviewed on a regular basis, updated as needed and made available to all detention center employees. The policy and procedures manual shall submitted to the prosecuting attorney or other legal authority for review and approved by county commissioners or other governing authority. After such approval, a copy of the policy and procedures manual shall be submitted to the Department.”
    • Idaho Admin. Code r.05.01.02.227
      “Any search or physical examination of transgender or intersex residents for the sole purpose of determining genital status is prohibited.”

    Policy:

    • Idaho Department of Juvenile Corrections, Institutional Policy/Procedure 672, Non-Discriminatory, Developmentally-Sound Treatment of Lesbian, Gay, Bisexual, Transgender and Intersex Youth (rev’d October 16, 2017)
      http://www.idjc.idaho.gov/policy
      [Link Currently Unavailable]
    • Idaho Department of Juvenile Corrections, Administrative Policy/Procedure 324, Ethics and Standards of Conduct (May 20, 2013)
      “Each employee will serve the public, other employees, and juveniles with respect, concern, courtesy, responsiveness and quality service, regardless of age, sex, race, national origin, sexual orientation, religious affiliation, disabilities/handicaps, or criminal history.”
      http://www.lambdalegal.org/sites/default/files/jj_idaho_2013.pdf

    PREA Policy: http://www.idjc.idaho.gov/about/prison-rape-elimination-act-prea/

    State Agency Website: http://www.idjc.idaho.gov/

    Grievance Procedure: None known.

    Ombudsman: None known.

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Illinois Department of Juvenile Justice has a nondiscrimination policy specific to upholding the rights of LGBTQ youth and protections against discrimination on account of sexual orientation, gender identity, and gender expression for youth in the juvenile justice system. Additionally, Cook County has a policy specific to upholding the rights of LGBTQI youth in its temporary juvenile detention center.

    Illinois has law banning conversion therapy. The state prohibits mental health providers from engaging in “sexual orientation change efforts” or “conversion therapy” with anyone under the age of eighteen, which is defined as, “practices or treatments that seek to change an individual’s sexual orientation, […] including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings towards individuals of the same sex.” 405 Ill. Comp. Stat. 48/1-48/30. See also H.B.217 (2015). The law defines sexual orientation as inclusive of “gender-related identity.” 775 Ill. Comp. Stat. 5/1-103.

    Illinois has an Independent Juvenile Ombudsman.

    Statute: None known.

    Regulation: None known.

    Policy:

    • Illinois Department of Juvenile Justice, Administrative Directive 04.01.303, Lesbian, Gay, Bisexual, Transgender and Questioning (LGBTQ) Youth 
      “Department shall maintain and promote an environment that provides physical and emotional safety, and effective and culturally competent services and programming, to all youth regardless of their actual or perceived sexual orientation, gender identity, and/or gender expression.”
      https://www.lambdalegal.org/sites/default/files/il_ad_4.01.303.pdf

    Local Policy:

    PREA Policy: https://idjj.illinois.gov/resources-research/prison-rape-elimination-act.html

    State Agency Website: https://idjj.illinois.gov/

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Kentucky has regulatory based protections against discrimination on account of sex for youth in its juvenile justice system. Kentucky Department of Juvenile Justice has a nondiscrimination policy specific to upholding the rights of LGBTQI youth and protections against discrimination on account of sex, sexual orientation, and gender identity for youth in its juvenile justice system.

    Kentucky does not have a juvenile justice-specific ombuds.

    Statute: None known.

    Regulation:

    • 505 Ky. Admin. Regs. 2:090
      “(1) The facility shall adopt and enforce written policies and procedures which:
      (a) Provide that juveniles shall not be subject to discrimination based on race, national origin, color, creed, sex, or physical handicap;
      (b) Provide each juvenile freedom from discrimination based on race, religion, national origin, sex, handicap or political beliefs, and equal access to various programs and work assignments…
      (5) There shall be no restrictions on the right of juveniles to determine the length and style of their hair, except in individual cases where such restrictions are necessary for reasons of health and safety.”

    Policy:

    • Kentucky Justice Cabinet Department of Juvenile Justice Policy and Procedures, DJJ 912, Sexual Orientation and Gender Identity
      “DJJ staff shall respect the dignity of heterosexual, lesbian, gay, bisexual, transgender, questioning, and intersex (LGBTQI) juveniles and create an environment that is safe and free of discrimination.”
      https://djj.ky.gov/900%20Policy%20Manual/DJJ%20912%20Sex%20Orientation%20and
    • Kentucky Justice and Public Safety Cabinet Department of Juvenile Justice Policy and Procedures, DJJ 205, Youth Rights
      “The following rights shall be afforded to all youth: . . .
      Youth shall not be subject to and shall be free from discrimination. It shall be prohibited to discriminate based on a youth’s race, color, sex, disability, age, national origin, religion, sexual orientation, gender identity, genetic information, political affiliation, or veteran status in making administrative decisions and in providing access to programs.”
      https://djj.ky.gov/200%20Policy%20Manual/DJJ%20205%20Youth%20Rights%20040519.pdf

    PREA Policy: https://djj.ky.gov/PREA/Pages/default.aspx

    State Agency Website: https://djj.ky.gov/Pages/index.aspx

    Grievance Procedure:

    Ombudsman: None known.

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Louisiana has regulatory based protections against discrimination on account of sex, sexual orientation and gender identity for youth in the juvenile justice system. Louisiana Office of Juvenile Justice has a nondiscrimination policy specific to upholding the rights of LGBTQI youth and protections against discrimination on account of sexual orientation or gender identity for youth in the juvenile justices system. The New Orleans Juvenile Detention Center has its own nondiscrimination policy specific to upholding the rights of LGBT youth in its care.

    Louisiana does not have a juvenile justice-specific ombuds.

    Statute: None known.

    Regulation:

    Nondiscrimination

    • La. Admin Code. tit. 67, pt. V, §7513(G)(4)
      Juvenile Detention Facilities: Admission and Release
      “Decisions for housing or programming of youth who are or are perceived to be gay, lesbian, bisexual, or transgender youth on the basis of their actual or perceived sexual orientation shall be made on an individual basis in consultation with the youth and the reason(s) for the particular treatment shall be documented in the youth’s file. The administrator or designee shall review each decision.”
    • La. Admin Code. tit. 67, pt. V, § 7515(A)(2)
      Juvenile Detention Facilities: Youth Protections
      “A youth shall not be subjected to discrimination based on race, national origin, religion, sex, sexual orientation, gender identity, or disability.”Training
    • La. Admin Code. tit. 67, pt. V, § 7511(B)(F)(3)(a)(ii)(d)
      Juvenile Detention Facilities: Facility Responsibilites
      “(a) Direct Care Staff shall receive an additional 120 hours of training during their first year of employment. This training shall include, at a minimum, the following:
      (d) lesbian, gay, bisexual, transgender specific, cultural competence and sensitivity training[.]”

    Policy:

    Local Policy:

    • New Orleans Juvenile Detention Center, Non-Discriminatory, Developmentally-Sound Treatment of Lesbian, Gay, Bisexual and Transgender (LGBT) Youth, Policy 12.3 (2011)
      “Staff shall not discriminate against or harass, physically or verbally, any youth in our care because the juvenile is lesbian, gay, bisexual or transgender or because a staff member perceives a juvenile to be LGBT.”
      http://www.equityproject.org/wp-content/uploads/2015/01/louisiana-detention-center-policy.pdf

    PREA Policy: https://ojj.la.gov/page/prea

    State Agency Website: https://ojj.la.gov/

    Grievance Procedure:

    Ombudsman: None known.

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Maine has regulatory based protections against discrimination on account of gender and sexual orientation for youth in the juvenile justice system. Maine Department of Corrections has policy based protections against discrimination on account of gender, sexual orientation, and gender identity. Additionally, the agency has an LGBTQ+ specific policy regarding upholding the rights of LGBTQ+ youth.

    Maine has law banning conversion therapy.  Statute states “an individual licensed [to practice in Maine]… may not advertise, offer or administer conversion therapy to a minor.” Conversion thearpy is defined as “any practice or treatment that seeks or claims to change an individual’s sexual orientation or gender identity, including, but not limited to, any effort to change gender expression or to eliminate or reduce sexual or romantic attractions, feelings or behavior toward others based on the individual’s gender.” LD1025 (2019).

    Maine does not have a juvenile justice-specific ombuds.

    Statute: None known.

    Regulation:

    • Code Me. R. tit. 03-201 Ch. 12, Subs. 15.3 § VI
      Resident Discipline System: PROCEDURES
      “4. Unacceptable resident behavior shall be categorized as either of two degrees, dependent upon the behavior: …
      b. Major Misconduct: Major misconduct is behavior that creates a substantial risk to the safety of the resident or another person or to the security of the facility or constitutes a juvenile crime or crime. The following behavior constitutes major misconduct: …
      20) Harassment (harassment by words or gesture of any person that is motivated by the person’s race, color, ethnicity, national origin, religion, creed, gender, sexual orientation, physical or mental disability, or juvenile crime)”

    Policy:

    • State of Maine Department of Corrections
      Policy #1.6, Prohibition on Discrimination 
      “The Department of Corrections recognizes the right of residents, community corrections clients, volunteers, visitors, and others involved with the Department to be free of discrimination. Discrimination based race, color, gender, sexual orientation, gender identity, ancestry, national origin, genetic information, age, physical or mental disability, religion, creed, marital status, political views, or whistleblower activity is a violation of Department policy. Discrimination based on these categories is unacceptable and will not be tolerated. In addition, it is considered grounds for disciplinary or other appropriate administrative action. It may also constitute illegal discrimination.”
      https://www.maine.gov/corrections/sites/maine.gov.corrections/files/inline-files/1.6.pdf
    •  State of Maine Department of Corrections, Juvenile Community Corrections, Policy # 9.5, Transgender, Gender Nonconfirming, and Intersex Clients. 
      “It is the policy of the Maine Department of Corrections to provide a safe, supportive, and discrimination-free environment that is affirming of every juvenile community corrections client’s gender identity, including transgender, gender nonconforming, and intersex clients.” https://www.maine.gov/corrections/sites/maine.gov.corrections/files/inline-files/Policy%209.5.pdf

    PREA Policy:

    State Agency Website: https://www.maine.gov/corrections/juvenileservices

    Grievance Procedure:

    Ombudsman: None known.

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • The Massachusetts Department of Youth Services has an LGBTQ+ specific policy regarding upholding the rights of LGBTQ+ youth and best practices on issues including training, disclosure, placement, and healthcare. The agency policy has protections against discrimination on account of sex, sexual orientation, gender identity, and gender expression for youth in the juvenile justice system.

    Massachusetts has law banning conversion therapy. State statute requires that “a health care provider shall not advertise for or engage in sexual orientation and gender identity change efforts with a patient less than 18 years of age.” Conversion therapy is defined as “any practice by a health care provider that attempts or purports to impose change of an individual’s sexual orientation or gender identity, including but not limited to efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex.” Mass. Gen. Laws Ch. 112, § 275. See also H 140 (2019).

    Massachusetts has an Office of the Child Advocate.

    Statute: None known.

    Regulation: None known.

    Policy:

    • Massachusetts Department of Youth Services, Policy 03.04.09, Prohibition of Harassment and Discrimination Against Youth 
      “It is the policy of the Department of Youth Services (DYS) that all youth have the opportunity to participate in any services, education or activity offered by DYS in accordance with health, safety, and security measures and that DYS shall provide a safe and discrimination-free environment for youth in all of its locations. All DYS state and contract provider employees, interns, and volunteers are prohibited from engaging in any form of discrimination against or harassment of youth on the basis of actual or perceived membership or association with a member of a protected class. In addition, no act of discrimination against or harassment of youth by other youth will be tolerated. P…rotected classes include race, color, religion, national origin, ethnicity, ancestry, age, disability, sexual orientation, gender identity, gender expression, intersex condition, military status, and criminal record (for employment applications only).”
      https://www.mass.gov/lists/dys-policies-regulations
      [Select “03.04.09 Prohibition of Harassment and Discrimination Against Youth”]

    PREA Policy: https://www.mass.gov/service-details/dys-prison-rape-elimination-act-prea

    State Agency Website: https://www.mass.gov/orgs/department-of-youth-services

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • New Jersey Juvenile Justice Commission has a nondiscrimination policy upholding the rights of LGBTQI youth and protections against discrimination on account of sexual orientation, gender identity and gender expression for youth in the juvenile justice system. New Jersey statute prohibits the New Jersey Juvenile Justice Commission from contracting with health providers that discriminate on account of gender identity or expression.

    New Jersey has law banning conversion therapy. The state prohibits counselors from imposing “sexual orientation change efforts” on anyone under the age of eighteen. The law defines sexual orientation change efforts as “the practice of seeking to change a person’s sexual orientation, including . . . efforts to change behaviors, gender identity, or gender expressions.” N.J. Stat. § 45:1-55. See also A3371 (2013).

    New Jersey does not have a juvenile justice-specific ombuds.

    Statute:

    • N.J. Stat. Ann. § 30:7E-7
      “Notwithstanding the provisions of any other law or regulation to the contrary, any contract between a health care provider and the New Jersey Department of Corrections, the Juvenile Justice Commission, the State Parole Board, or any other State or local entity, which contract provides health care services to the State’s inmate population, shall not contain any provision that discriminates, and the State or local entity contracting for services shall ensure there is no discrimination, on the basis of a person’s gender identity or expression or on the basis that the person is a transgender person.”

    Regulation: None known.

    Policy:

    • New Jersey Juvenile Justice Commission, Policy 13ED:01.02A, Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Juveniles
      “(a) The purpose of this Policy is to ensure that the Commission provides the highest quality of services to juveniles regardless of actual or perceived sexual orientation, gender identity, or gender expression. Staff shall provide fair and equal treatment to all juveniles in Commission care and custody, and shall protect juveniles from harassment and discrimination. Commission staff shall work to meet the diverse needs of juveniles in care and shall provide a safe, healthy and accepting environment in which all individuals are treated with respect and dignity.”
      http://www.nj.gov/oag/jjc/pdf/PREA_LGBTQI-Juveniles_policy.pdf

    PREA Policy: http://www.nj.gov/oag/jjc/prea.html OR https://www.njoag.gov/about/divisions-and-offices/juvenile-justice-commission-home/prison-rape-elimination-act-prea/

    State Agency Website: https://www.njoag.gov/about/divisions-and-offices/juvenile-justice-commission-home/

    Grievance Procedure:

    Ombudsman: None known.

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • New York has regulatory based protections against discrimination on account of sex, sexual orientation, gender identity, and gender expression for youth in the juvenile justice system. The New York State’s Office of Children and Family Services has a policy specific to upholding the rights of LGBTQ youth and protections against discrimination on account of sexual orientation, gender identity, and gender expression for youth in care. New York City’s Administration for Children and Families also has a detailed LGBTQ policy and additional guidelines for serving transgender and gender non-conforming youth (see NYC-specific chart below).

    New York has law banning conversion therapy. The state considers it “professional misconduct for a mental health professional to engage in sexual orientation change efforts upon any patient under the age of eighteen years.” These efforts are defined as “any practice by a mental health professional that seeks to change an individual’s sexual orientation, including, but not limited to, efforts to change behaviors, gender identity, or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings towards individuals of the same sex[.]” N.Y. Educ. Law §§ 6509-e, 6531-a. See also S.B. 1046 (2019). Additionally, state regulation requires that “no facility shall provide services to minor patients that are intended to change such minor’s sexual orientation or gender identity, including efforts to change behaviors, gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings towards individuals of the same sex.” N.Y. Comp. Codes R. & Regs. tit. 14, § 527.8(d). Insurance regulation dictates that “[n]o policy or certificate shall provide coverage for conversion therapy rendered by a mental health professional to an individual under the age of 18 years.” N.Y. Comp. Codes R. & Regs. tit. 11, § 52.16(2).

    New York has a juvenile justice-specific ombudsman.

    Statute: None known.

    Regulation:

    • N.Y. Comp. Codes R. & Regs. tit. 9, § 180-1.5(a)(6), Administration and operation of detention
      “Staff and volunteers of detention providers shall not engage in or condone discrimination or harassment of youth on the basis of race, creed, color, national origin, age, sex, sexual orientation, gender identity or expression, marital status, religion, or disability. Detention providers shall promote and maintain a safe environment, take reasonable steps to prevent discrimination and harassment against youth by other youth, promptly investigate incidents of discrimination and harassment by staff, volunteers and youth, and take reasonable and appropriate corrective or disciplinary action when such incidents occur. For the purposes of this section, gender identity or expression shall mean having or being perceived as having a gender identity, self-image, appearance, behavior or expression whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the sex assigned to that person at birth. Gender identity refers to a person’s internal sense of self as male, female, no gender, or another gender, and gender expression refers to the manner in which a person expresses his or her gender through clothing, appearance, behavior, speech, or other like.”
    • N.Y. Comp. Codes R. & Regs. tit. 9, § 7346.1, Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth: Nondiscriminatory Treatement
      “The director shall develop, maintain and implement written policies and procedures designed to prevent the unlawful discriminatory treatment of facility youth based upon race, creed, color, national origin, age, sex, sexual orientation, gender identity or expression, marital status, religion, disability, or any other characteristic protected by federal or state law. The areas addressed by such policies shall include, but shall not be limited to, educational, religious, and vocational programs, work assignments, classification, disciplinary and grievance decisions, and consideration for program participation. These policies and procedures shall be reviewed annually and updated as needed.”
    • N.Y. Comp. Codes R. & Regs. tit. 9, § 7313.5
      Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth: Classification: Assignment to a facility living unit
      “(b) In arriving at a determination of a youth’s living unit assignment, the director, or designee, shall base such determination on the following information, if such information is available and accessible: . . .
      (9) gender identity or expression; (10) sexual orientation; and (11) any other information which may affect the safety and security of the youth or staff.”

    Policy:

    • State of New York, Office of Children and Family Services, 09-OCFS-INF-06, Promoting a Safe and Respectful Environment for Lesbian, Gay, Bisexual, Transgender, and Questioning Children and Youth in Out-of-Home Placement 
      http://on.ny.gov/2bRhew8
    • State of New York, Office of Children & Family Services, PPM 3442.00, Lesbian, Gay, Bisexual, Transgender and Questioning Youth
      “All OCFS staff, volunteers and contract providers are prohibited from engaging in any form of discrimination against or harassment of youth on the basis of actual or perceived sexual orientation, gender identity, and gender expression.”
      https://www.nycourts.gov/ip/judicialinstitute/transgender/220U.pdf

    PREA Policy: https://ocfs.ny.gov/main/rehab/prea.asp

    State Agency Website: https://ocfs.ny.gov/main/rehab/

    Grievance Procedure:

    • N.Y. Comp. Codes R. & Regs. tit. 9, § 7332.3
      “(a) The director shall ensure the development and implementation of written policies and procedures consistent with this Part.
      (b) Such policies and procedures shall include, but are not limited, to:
      (1) a detailed description of grievance program operations including steps, timelines, investigative processes and available internal and external appeal procedures;”
      *There is no information available about a specific statewide grievance policy but see below for information about statewide ombuds*
    • Contact the Office of the Ombudsman https://ocfs.ny.gov/main/ombudsman/contact.php

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

     

  • New York City has nondiscrimination policies specific to upholding the rights of LGBTQ youth in care, and a policy and guidelines for meeting the needs of transgender and gender-nonconforming youth in the juvenile justice system. The city also has a nondiscrimination policy specific to LGBTQI youth under the Department of Probation.

    The city has an ombudsman for child welfare and juvenile justice-related issues.

    Statute: None known.

    Regulation: None known.

    Policy:

    PREA Policy:

    City Agency Website: https://www1.nyc.gov/site/acs/justice/juvenile-justice.page

    Grievance Procedure: http://www1.nyc.gov/site/acs/about/advocacy.page

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

     

  • North Carolina Department of Public Safety has a nondiscrimination policy specific to upholding the rights of LGBTQI youth in the juvenile justice system including specific guidance on training requirements, language and name usage, clothing and grooming standards, placement, and healthcare.

    North Carolina does not have a juvenile justice-specific ombuds.

    Statute: None known.

    Regulation: None known.

    Policy:

    • North Carolina Department of Public Safety, Juvenile Justice Facilities YD 12 Housing LGBTQI Juveniles Policy and Requirements and Procedures
      “Juvenile Justice strongly adheres to the belief that all people have the right to be free from discrimination by staff or youth on the basis of race, creed, color, age, sex, national origin, religion, marital status, mental or physical disability. Any such discrimination is prohibited… All juveniles, regardless of gender identity, gender expression, sexual orientation and/or intersex trait, need to feel safe in their surroundings to achieve effective programming and positive outcomes.”
      https://www.lambdalegal.org/publications/nc_20220912_nc-juvenile-justice-facilities

    PREA Policy: https://www.ncdps.gov/dps-services/prison-rape-elimination-act

    State Agency Website: https://www.ncdps.gov/juvenile-justice

    Grievance Procedure:

    Ombudsman: None known.

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

     

  • Ohio Department of Youth Services has a nondiscrimination policy specific to upholding the rights of LGBTI youth and protections against discrimination on account of sexual orientation, gender identity and gender expression for youth in the juvenile justice system.

    Ohio does not have a juvenile justice-specific ombuds.

    Statute: None known.

    Regulation:

    • Ohio Admin. Code 5139-37-15
      Juvenile rights
      “(A) The detention center shall have a written policy and procedure which prohibits employees from violating any civil rights of juveniles which shall include but not be limited to: (1) The detention center shall have written policies protecting children from being used as human subjects for medical, pharmaceutical, or cosmetic experiments. (2) The right to a reasonable amount of privacy. (3) The right to have his/her opinions heard and to be assured reasonable due process in all matters. (4) The right to receive adequate and appropriate food, clothing, and housing. (5) The right to participate in an appropriate educational and/or vocational program.”

    Policy:

    • Ohio Department of Youth Services, Procedure No. 179-YSA-02, Lesbian, Gay, Bisexual, Transgender and Intersex Youth 
      “It is the policy of the Ohio Department of Youth Services (DYS) to ensure that youth identified as lesbian, gay, bisexual, transgender, questioning, or intersex (LGBTQI) who are placed in the custody of DYS receive fair, equal and non-discriminatory treatment and medical care. Staff provide the highest quality of services to all youth regardless of sexual orientation, gender identity or gender expression. Additionally, it is the policy of DYS to respect and maintain the privacy of all youth and to protect their information.”
      https://www.dys.ohio.gov/static/About+DYS/PREA/DYS_Policy_179-YSA-02.pdf

    PREA Policy: http://www.dys.ohio.gov/Inside-DYS/Youth-Safety-PREA

    State Agency Website: http://www.dys.ohio.gov/

    Grievance Procedure:

    Ombudsman: None known.

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Pennsylvania has regulatory based protections against discrimination on account of sex and sexual orientation for youth in residential facilities. Pennsylvania’s Bureau of Juvenile Justice Services has a nondiscrimination policy upholding the rights of LGBTQ+ youth and protections against discrimination on account of sex, sexual orientation, gender identity, or gender expression for youth in the juvenile justice system.

    The Philadelphia Juvenile Justice Center has a policy upholding the rights of LGBT youth under its care.

    Pennsylvania does not have a juvenile justice-specific ombuds.

    Statute: None known.

    Regulation:

    • 55 Pa. Code § 3800.32
      Specific Rights
      “(a) A child may not be discriminated against because of race, color, religious creed, disability, handicap, ancestry, sexual orientation, national origin, age or sex …
      (c) A child has the right to be treated with fairness, dignity and respect.”

    Policy:

    • Bureau of Juvenile Justice Services, Policy and Procedure, Resident Sexuality and Gender Identity
      “BJJS prohibits discrimination on the basis of race, ancestry, color, age, sex, national origin, religious creed, disability, gender identity, gender expression or sexual orientation…
      Transgender and intersex residents shall not automatically be housed according to their sex assigned at birth…
      Transgender residents must be referred to by their chosen names. as long as the name is not profane or vulgar. The resident does not have to legally change their name. The resident should be referred to by the pronoun that reflects the resident’s gender identity…
      If a transgender resident is receiving transition-related medical care, either under the care of a medical professional and/or otherwise, such as hormone therapy or supportive counseling, medical staff must consult with the resident’s medical providers and must continue to provide treatment…
      If a resident expresses a desire to begin transition-related care, the resident shall be evaluated by the appropriate medical and mental health care providers after parental consent is obtained., The resident will then be provided with the appropriate resources and referrals to obtain such care.”
      https://www.lambdalegal.org/sites/default/files/resident_sexuality_and_gender_identity.pdf

    Local Policy:

    PREA Policy: https://www.dhs.pa.gov/Services/Children/Pages/PREA.aspx

    State Agency Website: https://www.dhs.pa.gov/Services/Children/Pages/Juvenile-Justice.aspx OR https://www.dhs.pa.gov/contact/DHS-Offices/Pages/OCYF-Bureau of Juvenile Justice Services.aspx

    Grievance Procedure:

    Ombudsman: None known.

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Rhode Island has statutory, regulatory and policy based protections against discrimination on account of sex, gender, sexual orientation, gender identity and gender expression for youth in the juvenile justice system. Rhode Island Department of Children, Youth and Families also has a nondiscrimination policy specific to upholding the rights of LGBTI youth in its care.

    Rhode Island has law banning conversion therapy. The state prohibits licensed professional from engaging in “conversion therapy efforts” with anyone younger than eighteen. The law defines conversion therapy as “any practices or treatments that seek to change an individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender.” 23 R.I. Gen. Laws Ann. §§ 23-94-1 to -4. See also H5277A (2017).

    Rhode Island has an Office of the Child Advocate.

    Statute:

    • R.I. Gen. Laws 42-72-15
      Children’s bill of rights
      “(q) No child shall be discriminated against on the basis of race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity or expression, socioeconomic status or mental, physical, developmental, or sensory disability, or by association with an individual or group who has, or is perceived to have one, or more of such characteristics.”

    Regulation:

    • 214 R.I. Code R. § 40-00-4.1.2
      Residential Child Care Regulations for Licensure: General Provisions
      “The Department of Children, Youth, and Families does not discriminate against individuals based on race, color, national origin, sex, gender identity or expression, sexual orientation, religious belief, political belief or handicap. The prohibition against discriminatory practices extends to the agencies, organizations and institutions the Department licenses.”

    Policy:

    • Rhode Island Department of Children, Youth and Families, Department Operating Procedure, Sexual Orientation, Gender Identity and Expression 
      “The Rhode Island Department of Children, Youth and Families (hereinafter, the Department) strictly prohibits discrimination on the basis of actual or perceived race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity or expression, socioeconomic status or disability or by association with an individual or group who has or is perceived to have one or more of such characteristics. The Department requires staff and service providers to respect the dignity of lesbian, gay, bisexual, transgender, queer, questioning and intersex (hereinafter, LGBTQQI) youth. The Department, its staff, providers, interns and/or volunteers offer services and interventions to youth without regard to actual or perceived sexual orientation, gender identity or expression. LGBTQQI youth receive fair and equal treatment in a professional and confidential manner based on Department policy, state and federal law and regulation and principles of sound professional practice, including culturally competent mental health and medical care. LGBTQQI youth are protected from verbal, physical and/or sexual harassment or assault based on actual or perceived sexual orientation, gender identity or expression.” https://datadcyf.ri.gov/policyregs/sexual_orientation__gender_identity_and_expression
    • Rhode Island Department of Children, Youth and Families, Residential Child Care Regulations for Licensure 
      “The Department of Children, Youth, and Families does not discriminate against individuals based on race, color, national origin, sex, gender identity or expression, sexual orientation, religious belief, political belief or handicap. The prohibition against discriminatory practices extends to the agencies, organizations and institutions the Department licenses.”
      https://dcyf.ri.gov/sites/g/files/xkgbur416/files/licensing-child-care/documents/dcyf-residential-child-care-regulations.pdf
    • Rhode Island Training School Resident Handbook
      “You have the right to be treated with dignity and respect. Staff may not treat you differently because of your race, gender, national origin, sexual orientation or disability.”
      https://dcyf.ri.gov/sites/g/files/xkgbur416/files/documents/juvenile-corrections/rits-resident-handbook_041918.pdf

    PREA Policy:

    • “The Rhode Island Department of Children, Youth and Families regards compliance with the national Prison Rape Elimination Act (PREA) Standards for Juvenile Facilities to be of critical importance and strives to maintain compliance in accordance with these standards.”
      https://dcyf.ri.gov/services/division-youth-development

    State Agency Website: https://dcyf.ri.gov/services/division-youth-development

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Tennessee has statutory and regulatory based protections against discrimination on account of sex for youth in the juvenile justice system. Tennessee Department of Children’s Services has policy based protections against discrimination on account of sex, gender sexual orientation, gender identity, and gender expression for youth in the juvenile justice system. Additionally the Tennessee Department of Children’s Services has a nondiscrimination policy specific to upholding the rights of LGBTQI youth in the juvenile justice system.

    Tennessee has a Commission on Children and Youth’s (TCCY) Ombudsman Program.

    Statute:

    • Tenn. Code Ann.§ 37-5-116. Department of Children’s Services, General Provisions, Non-discrimination
      “No person shall, on the grounds of race, color, national origin, sex, age or ability to pay, be excluded from participation, be denied the benefits of or be otherwise subjected to discrimination under any program or activity operated by the department of children’s services. This shall include, but not be limited to, contracts for services, employment or services to consumers.”

    Regulation:

    • Tenn. Regs. 0250-04-08-.02. Minimum Standards for Juvenile Detention Centers and Temporary Holding Resources, General Requirements
      “(14) All licensed agencies shall ensure freedom from discrimination or harassment on the basis of race, color, religion, sex, age, disability, marital status, citizenship, genetic information, or any other characteristic protected by law. This applies to youth, families, clients and employees.”

    Policy:

    • State of Tennessee Department of Children’s Services, Administrative Policies and Procedures 20.20, Guidelines for Managing Children/Youth in DCS Custody Related to Sexual Orientation, Gender Identity and Expression 
      “DCS is committed to providing all youth and families served a safe, healthy, inclusive, and affirming environment. ALL DCS employees and persons are prohibited from discrimination on the basis of race, ethnicity, creed, color, age, sex, national origin, religion, mental or physical disability, gender identity, gender expression, sexual orientation, and alien/citizenship status. DCS shall provide services to all children/youth to ensure safety and well-being, to promote dignity and respect for all children/youth and families inclusive of their gender identity, gender expression, and sexual orientation, and to protect their civil rights consistent with State and Federal laws including youth who identify as lesbian, gay, bisexual, transgender, and intersex.”
      https://files.dcs.tn.gov/policies/chap20/20.20.pdf
    • Tennessee Department of Children’s Services
      Clients Rights Handbook (p. 3)
      “You have the right to:
      Available services, regardless of your age, race, ethnicity, gender, religious or political affiliation, sexual orientation, sexual identity, physical or mental disability, or infectious disease, and the right to referral, as appropriate, to other service providers.”
      https://files.dcs.tn.gov/policies/chap31/ClientsRightsHandbook.pdf

    PREA Policy:

    State Agency Website: https://www.tn.gov/dcs/program-areas/juvenile-justice.html

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Vermont’s Agency of Human Services’ has policy based protections against discrimination on account of sex, sexual orientation, gender identity, and gender expression for anyone seeking to access services. In addition, Vermont’s Department for Children and Families, Family Services Division has policy based protections against discrimination on account of sex, sexual orientation, gender identity, and gender expression and policy specific to upholding the rights of LGBTQ youth in care.

    Vermont has law banning conversion therapy. The state prohibits mental health care providers from practicing “conversion therapy” on minors under 18 years of age. The law defines conversion therapy as any practice that “seeks to change an individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to change sexual or romantic attractions or feelings toward individuals of the same sex or gender.” Vt. Stat. tit. 18, §§ 8351-8353. See also S132 (2016).

    Vermont does not have a juvenile justice-specific ombuds.

    Statute: None known.

    Regulation: None known.

    Policy:

    • Vermont Department for Children and Families, Family Services Policy Manual 76, Supporting and Affirming LGBTQ Children & Youth
      “All division staff are prohibited from engaging in any form of discrimination or bias based on sex, sexual orientation, gender identity, gender expression, or marital status or partnership.”
      https://outside.vermont.gov/dept/DCF/Shared%20Documents/FSD/Policies/Policy76.pdf
    • Vermont Department of Children and Families, Family Services Policy Manual 160, Working with Adolescents and Justice Involved Youth
      “Rights of Children and Youth in DCF Custody in Vermont…
      You have the right:
      To be treated with respect by FSD staff, foster parents, and providers without regard to race, ethnicity, sexual orientation, gender identity or expression, religion and/or disability.”
      https://outside.vermont.gov/dept/DCF/Shared%20Documents/FSD/Policies/Policy160.pdf
    • State of Vermont Agency of Human Services (AHS) Chapter/Number 1.11, Non-Discrimination regarding receipt of services and benefits 
      “The purpose of this policy is to state the Agency of Human Services and its departments prohibition against discrimination based on race, religion, color, national origin, genetic information, marital/familial status, sex, sexual orientation, gender identity, age, pregnancy status, place of birth, crime victim status, military, veteran status, disability, or any other protected status, in the administration of our programs, services, or activites.”
      https://humanservices.vermont.gov/sites/ahsnew/files/1.11%20Nondiscrimination%20Policy%20-%20Grievance%20Policy.pdf
    • Vermont Department for Children and Families
      C Nondiscrimination Policy/Grievance Policy
      “[DCF does] not discriminate in the administration of our programs, services, or activities nor do we exclude any individual from participation in our programs, services, or activities based on race, creed, religion color, national origin, marital status, sex, sexual orientation, gender identity, age, disability, or political beliefs.”
      https://outside.vermont.gov/dept/DCF/Shared%20Documents/About/Nondiscrimination-Policy.pdf

    PREA Policy:

    State Agency Website: https://dcf.vermont.gov/fsd/youth

    Grievance Procedure:

    Ombudsman: None known.

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Washington State Department of Children, Youth & Families, Juvenile Rehabilitation Division has policy protections against discrimination on account of sexual orientation and gender identity for youth in the juvenile justice system. Additionally, the Department has policy specific to upholding the rights of LGBTQIA+ youth in the juvenile justice system.

    Washington has law banning conversion therapy. State law prohibits “[p]erforming conversion therapy on a person under age eighteen,” defining conversion therapy as “a regime that seeks to change an individual’s sexual orientation or gender identity.” Wash. Rev. Code §§ 18.130.020, 18.130.180. See S.B. 5722 (2018).

    Washing has an Office of the Family & Children’s Ombudsman.

    Statute: None known.

    Regulation: None known.

    Policy:

    • Washington State Department of Children, Youth & Families, Administrative Policy, 6.04 Supporting LGBTQIA+ Individuals  
      “1. DCYF will:
      (a) Provide all individuals, including those who are developing, discovering, or identifying their sexual orientation, gender identity, and expression (SOGIE), on an actual or perceived basis with an inclusive and affirming environment, free from discrimination or harassment”
      https://www.dcyf.wa.gov/sites/default/files/pdf/Admin-6.04.pdf
    • Washington State Department of Children, Youth & Families, Juvenile Rehabilitation Division Policy, 4.30 Providing Health Care for JR Youth 
      “8. Youth who are transgender, gender non-conforming or lesbian, gay, bisexual, queer or questioning must not be required to see a therapist solely because of their gender identity or sexual orientation…
      11. Gender-confirming health care will be considered a medical necessity. All care must be provided in alignment with the Health Care Authority’s position (WAC 182-531-1675) and the community standard of care.”
      https://www.dcyf.wa.gov/sites/default/files/pdf/jr-policies/Policy4.30.pdf
    • Washington State Department of Children, Youth & Families, Juvenile Rehabilitation Division Policy, 3.10 Assessing and Placing Youth in JR
      “      Youth may present as gender non-conforming or identify as lesbian, gay, bisexual, transgender, queer or questioning, intersex or asexual (LGBTQIA+) during the intake or placement process. If a youth identifies as LGBTQIA+ or presents as gender nonconforming, both placement staff and intake staff will make reasonable and non-intrusive attempts to gather and document sexual orientation, gender identity and preferred pronouns on the Pre-placement Screen”
      https://www.dcyf.wa.gov/sites/default/files/pdf/jr-policies/Policy3.10.pdf
    • Washington State Department of Social and Health Services
      Administrative Policy #7.22 
      “Purpose: To create and maintain an environment within the Department of Social and Health Services (DSHS) that values and supports cultural competence and embraces respect for the individual differences of our employees and clients. DSHS recognizes that everyone has a culture and we have a commitment to promote respect and understanding of diverse cultures, social groups, and individual attributes. Each DSHS administration will ensure cultural competence is integrated into the overall organizational culture and ongoing business…
      For the purposes of this policy, diversity includes and is not limited to the following dimensions listed alphabetically …
      Gender … Gender Identity … Gender expression … Sexual Orientation”
      https://www.dshs.wa.gov/sites/default/files/rpau/ap/DSHS-AP-07-22-Internet-official.pdf

    PREA Policy: https://www.dcyf.wa.gov/sites/default/files/pdf/jr-policies/Policy5.90.pdf

    State Agency Website: https://www.dcyf.wa.gov/practice/practice-improvement/ojj

    Grievance Procedure:

    Ombudsman:

    • Washington State Office of the Family and Children’s Ombuds
      6840 Fort Dent Way, Suite 125
      Tukwila, WA 98188
      Phone: 206-439-3870
      Toll-Free: 800-571-7321
      FAX: 206-439-3877
      http://ofco.wa.gov/

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

Sexual Orientation and Gender Identity Protections

  • Alaska has policy based protections against discrimination on account of gender, sexual orientation, gender identity, and gender expression for youth in the juvenile justice system.

    Alaska does not have a juvenile justice-specific ombuds, the Alaksa State Ombudsman responds to complaints against state government.

    Statute: None known.

    Regulation: None known.

    Policy:

    PREA Policy: http://dhss.alaska.gov/djj/Pages/GeneralInfo/PREAOverview.aspx

    State Agency Website: http://dhss.alaska.gov/djj/Pages/default.aspx

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/ 

  • Arizona has regulatory based protections against discrimination on account of gender and sexual orientation for youth in the juvenile justice system. Arizona Juvenile Corrections’ has policy based protections against discrimination on account of gender, sexual orientation and gender identity for youth in the juvenile justice system.

    Arizona Department of Juvenile Corrections has an Juvenile Ombudsman.

    Statute: None known.

    Regulation:

    • State of Arizona, Juvenile Detention Standards
      Section: II(D)(1)
      “Juveniles shall not be subjected to discrimination based on race, national origin, religion, gender, sexual orientation, physical or mental disability.” (See: http://bit.ly/2hPqk09)

    Policy:

    • Arizona Juvenile Corrections Policy 2302
      Basic Juvenile Rights
      “5. Juveniles have the right to be treated free of discrimination, based on:
      a. Race;
      b. Gender;
      c. Language;
      d. National origin;
      e. Religion;
      f. Disability;
      g. Sexual orientation;
      h. Gender identity; and/or
      i. Personal beliefs/opinions.”
      https://portal.azdjc.gov/policy/main.aspx
      [From the menu choose “Legal Systems” then select “Youth Rights/Due Process” and then “2302 – Basic Juvenile Rights”]

    PREA Policy: https://adjc.az.gov/resources/prea

    State Agency Website: https://adjc.az.gov/

    Grievance Procedure

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Arkansas has regulatory based protections against discrimination on account of gender and sexual orientation for youth in the juvenile justice system. Arkansas Department of Human Services, Division of Youth Services has policy based protections against discrimination on account of sex, gender, sexual orientation, gender identity, and gender expression for youth in the juvenile justice system.

    Arkansas has a Juvenile Justice ombudsman.

    Statute: None known.

    Regulation:

    • Code Ark. R. 016.01.10-7000.2 Administration and Management – General Administration – Core Beliefs
      “The Division of Youth Services (DYS) believes that: …
      (9) All children and youth in the state should have equal opportunities for services and success, without regard to gender, race, ethnicity, disability, geographic location, or income level.”
    • Code Ark. R. 016.01.10-7240.2. Facility Operations – Youth Bill of Rights – Policy
      “(a) The Division of Youth Services (DYS) adopts the following Youth Bill of Rights, to be posted prominently in English and Spanish in DYS facilities and contracted programs, including in dorms, classrooms, dining areas, visitation areas, and administrative areas:
      (b) Youth Bill of Rights …
      (7) I have the right to feel safe and to be free from: …
      (C) Discrimination or harassment by any person based on my or my family’s gender, race, ethnicity, national origin, skin color, religion, sexual orientation, disability, or HIV status.”
    • Code Ark. R. 016.01.10-7270.2. Facility Operations – Anti Bullying – Policy.
      “(3) DYS is committed to providing students and staff at its residential facilities, whether operated by DYS or its contracted providers, with a safe environment free from discrimination and harassment.”
    • Code Ark. R. 016.01.10-7425.1. Juvenile Services – Reception & Orientation – Intake – Placement.
      “3) DYS does not discriminate against any youth in its custody based on:
      (A) Race; (B) Religion; (C) National origin; (D) Gender; or (E) Disability.”
    • Code Ark. R. 016.01.10-7250.2. Facility Operations – Family Bill of Rights – Policy.
      “(b) Family Bill of Rights
      (1) You have the right to be treated fairly regardless of your or your child’s gender, race, ethnicity, national origin, skin color, religion, sexual orientation, disability, age, or HIV status.”

    Policy: 

    • Arkansas Department of Human Services, Division of Youth Services, Policy No. 7002.05.14 – Juvenile Rights & Responsibilities 
      “A. Juveniles in DYS custody or housed in will be granted and assured of the following basic rights:
      1. To be free of discrimination because of race, religion, color, gender, age, natural origin, or handicap; . . .
      19. The freedom of expression, as long as it does not interfere with the rights of others or the safety and security of the facility/program or public[.]”
      http://170.94.37.152/REGS/016.01.10-001F-12040.pdf
    • Arkansas Department of Human Services, Division of Youth Services – A guide for Families
      “Youth Bill of Rights …
      7. I have the right to feel safe and to be free from …
      Discrimination or harassment by any person based on my or my family’s actual or perceived sex, race, ethnicity, national origin, skin color, religion, sexual orientation, gender identity or expression, disability, or HIV status …
      Family Bill of Rights
      I. You have the right to be treated fairly, regardless of your or your child’s actual or perceived sex, race, ethnicity, national origin, skin color, religion, sexual orientation, gender identity or expression, disability, age, or HIV status.”
      https://humanservices.arkansas.gov/wp-content/uploads/DYS_Family_Handbook.pdf

    PREA Policy: https://humanservices.arkansas.gov/divisions-shared-services/youth-services/division-policies/ OR https://humanservices.arkansas.gov/wp-content/uploads/PREA-Juvenile-Facility-Standards.pdf

    State Agency Website: http://humanservices.arkansas.gov/about-dhs/dys/

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • California has statutory based protections against discrimination on account of sex, sexual orientation, gender identity for youth in the juvenile justice system. California has regulatory based protections against discrimination on account of gender, sexual orientation, gender identity and gender expression and requires ensuring respectful and equitable treatment of transgender and intersex youth. California Department of Corrections and Rehabilitation, Division of Juvenile Justice has policy based protections against discrimination on account of sex, sexual orientation and gender identity.

    The Santa Clara County Juvenile Probation Departments has a non-discrimination policy that protect youth on the basis of sexual orientation and gender identity.

    California has law banning conversion therapy. The state prohibits the practice of “sexual orientation change efforts” on patients under 18 years of age. The law defines such efforts as “any practices by mental health providers that seek to change an individual’s sexual orientation,” inclusive of “behaviors or gender expressions.” Cal. Bus. & Prof. Code §§ 865-865.2. See also S.B. 1172 (2012).

    The California does not have a juvenile justice-specific ombuds, the Department of Corrections and Rehabilitation has an ombudsman.

    Statute:

    • Cal. Welf. & Inst. Code § 224.71
      Rights of youth confined in a juvenile facility
      “It is the policy of the state that all youth confined in a juvenile facility shall have the following rights, which are established by existing law and regulation:
      (i) To have fair and equal access to all available services, housing, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnicity, ancestry, national origin, language, color, religion, sex, sexual orientation, gender identity, gender expression, mental or physical disability, immigration status, or HIV status.”
    • Cal. Welf. & Inst. Code § 224.73
      Juvenile Facilities; youth safety, dignity, and care; non-discrimination
      “All juvenile facilities shall ensure the safety and dignity of all youth in their care and shall not discriminate against any youth on the basis of actual or perceived race, ethnicity, ancestry, national origin, color, religion, gender, sexual orientation, gender identity, gender expression, mental or physical disability, immigration status, or HIV status.”

    Regulation:

    • Cal. Code Regs. tit. 15, § 1324
      Policy and Procedures Manual.
      “All facility administrators shall develop, publish, and implement a manual of written policies and procedures that address, at a minimum, all regulations that are applicable to the facility . . . .
      The manual shall include: . . .
      (k) a non-discrimination provision that provides that all youth within the facility shall have fair and equal access to all available services, placement, care, treatment, and benefits, and provides that no person shall be subject to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, immigration status, color, religion, gender, sexual orientation, gender identity, gender expression, mental or physical disability, or HIV status, including restrictive housing or classification decisions based solely on any of the above mentioned categories[.]”
    • Cal. Code Regs. tit. 15, § 1352.5
      Transgender and Intersex Youth.
      “The facility administrator shall develop written policies and procedures ensuring respectful and equitable treatment of transgender and intersex youth. The policies shall provide that:
      (a) Facility staff shall respect every youth’s gender identity, and shall refer to the youth by the youth’s preferred name and gender pronoun, regardless of the youth’s legal name…
      (b) Facility staff shall permit youth to dress and present themselves in a manner consistent with their gender identity, and shall provide youth with the institution’s clothing and undergarments consistent with their gender identity.
      (c) Facility staff shall house youth in the unit or room that best meets their individual needs, and promotes their safety and well-being. Staff may not automatically house youth according to their external anatomy . . . [and] shall consider the youth’s preferences, as well as any recommendations from the youth’s health or behavioral health provider.
      (d) Facility administrators shall ensure that transgender and intersex youth have access to medical and behavioral health providers qualified to provide care and treatment to transgender and intersex youth.
      (e) . . . [F]acility staff shall make every effort to ensure the safety and privacy of transgender and intersex youth when the youth are using the bathroom or shower, or dressing or undressing. Facility staff shall not conduct physical searches of any youth for the purpose of determining the youth’s anatomical sex.”

    Policy:

    • California Department of Corrections and Rehabilitation, Division of Juvenile Justice
      Youth Rights Handbook (April 2016)
      “You shall not be discriminated against for any reason, including your actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, language, mental or physical disability or HIV status.”
      https://www.cdcr.ca.gov/Juvenile_Justice/docs/Linked/Youth_Rights_Handbook.pdf
      [Link Currently Unavailable]

    Local Policy:

    PREA Policy: https://www.cdcr.ca.gov/Juvenile_Justice/PREA/index.html

    State Agency Website: https://www.cdcr.ca.gov/Juvenile_Justice/

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Iowa Department of Health & Human Services has policy based protections against discrimination on account of sex, sexual orientation, and gender identity for anyone seeking to access services.

    Iowa does not have a juvenile justice-specific ombuds, the Office of Citizens’ Aide Ombudsman serves as an independent and impartial agency to which citizens can air their grievances about government.

    Statute: None known.

    Regulation: None known.

    Policy:

    • Iowa Health & Human Services, Nondiscrimination Policy
      “It is the policy of the Iowa Department of Health and Human Services to provide equal treatment in employment and provision of services to applicants, employees and clients without regard to race, color, national origin, sex, sexual orientation, gender identity, religion, age, disability or veteran status; hereafter referred to as protected category.”
      https://hhs.iowa.gov/nondiscrimination-policy

    PREA Policy: https://hhs.iowa.gov/state-training-school [select PREA from drop-down menu]

    State Agency Website:

    Grievance Procedure: 

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Kansas has regulatory based protections against discrimination on account of sex for youth in the juvenile justice system. Kansas Department of Corrections, Division of Juvenile Services has policy based protections against discrimination on account of gender, sex, and sexual orientation for youth in the juvenile justice system. Additionally, the State of Kansas’ protections against discrimination on the basis of gender, sexual orientation, or gender identity apply to the Department of Corrections.

    Kansas does not have a juvenile justice-specific ombuds.

    Statute: None known.

    Regulation:

    • Kan. Admin. Regs. § 28-4-355a
      “Written policies and procedures shall provide that juveniles are assured their rights subject only to the limitations necessary to maintain order and security in the center. Procedures and practice shall ensure the following: . . .
      (2) freedom from discrimination based on race, culture, religion, national origin, sex or disability; . . .
      (10) medical treatment and emergency dental care, . . .
      (13) the right to determine the length and style of hair, except when a physician determines that a haircut is medically necessary”

    Policy:

    • Kansas Department of Corrections, Juvenile Services, Youth Handbook
      “Your rights while you are here[:] 12. Freedom from discrimination based on race, religion, national origin, sex, physical handicap, or political views in the making of administrative decisions and in providing access to programs[.]”
      https://kgi.contentdm.oclc.org/digital/collection/p16884coll87/id/28/
    • Kansas Department of Corrections, Division of Juvenile Services
      Immediate Intervention Program Standards
      Standard No. IIP-01-110, Non-Discrimination
      “Written policy, procedure and practice shall require that Immediate Intervention Programs (IIP’s) and their employees do not discriminate upon youth and/or families based upon race, gender, color, sex, religion, national origin, ancestry, age, sexual orientation, physical/mental disability and/or economic status.”
      https://www.doc.ks.gov/juvenile-services/supervision-standards/iip-01-110-1/view
    • Kansas Department of Corrections, Division of Juvenile Services
      Community Supervision Standards
      Standard No. CSS 01-111, Non-Discrimination
      “Written policy, procedure and practice shall require that the Community Supervision Agency and its employees do not discriminate upon youth and/or families based upon race, gender, color, sex, religion, national origin, ancestry, age, sexual orientation, physical/mental disability and/or economic status”
      https://www.doc.ks.gov/juvenile-services/supervision-standards/css-01-111
    • Kansas Department of Corrections, Division of Juvenile Services
      Juvenile Intake and Assessment System Standards
      Standard No. JIAS-01-110, Non-Discrimination
      “Written policy, procedure and practice shall require that the Intake and Assessment Program and its employees do not discriminate upon youth and/or families based upon race, gender, color, sex, religion, national origin, ancestry, age, sexual orientation, physical/mental disability and/or economic status.”
      https://www.doc.ks.gov/juvenile-services/supervision-standards/jias/jias-01-110
    • The Kansas Department of Corrections
      “The State of Kansas does not discriminate on the basis of race, color, religion, nation origin or ancestry, gender, age, disability, political affiliation, military status, sexual orientation, or gender identity. This applies to all staff, volunteers, and contractors of the Department of Corrections and it subgrantees.”
      https://www.doc.ks.gov/juvenile-services [scroll to end of page]

    PREA Policy: https://www.doc.ks.gov/facilities/prea

    State Agency Website: https://www.doc.ks.gov/juvenile-services

    Grievance Procedure:

    Ombudsman: None known.

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Maryland has regulatory based protections against discrimination on account of sex and sexual orientation for youth placed in residential facilities. The Maryland Department of Juvenile Services has policy based protections against discrimination on account of sex, sexual orientation, gender identity, and gender expression for youth in the juvenile justice system.

    Maryland has law banning conversion therapy. The state prohibits mental health providers or child care practitioners from engaging in “conversion therapy” with anyone under the age of eighteen. The law defines conversion therapy seeking “to change an individual’s sexual orientation or gender identity.” Md. Code, Health Occ. § 1-212.1. See also S.B. 1028 (2018).

    Maryland does not have a juvenile justice-specific ombuds.

    Statute: None known.

    Regulation:

    • Md. Code Regs. 10.57.05.03(C)
      General Conduct.
      “In the capacity or identity as a certified residential child care program administrator or certified residential child and youth care practitioner may not . . .
      (5) Practice, condone, or facilitate discrimination, or collaborate to discriminate on the basis of race, color, sex, sexual orientation, age, religion, national origin, marital status, political belief, disability, or other preference or personal characteristic, condition, or status with an individual or group of individuals;
      (6) Engage or participate in an action that violates or diminishes the civil or legal rights of a client[.]”

    Policy:

    • Maryland Department of Juvenile Services
      Nondiscrimination of Youth
      “It is the policy of the Department of Juvenile Services that staff shall not discriminate against any youth on the basis of age, race, ancestry, color, national origin or citizenship, place of residence, creed, genetic information, religion, sex, sexual orientation, gender identity or expression, personal appearance, marital or familial status, source of income, mental or physical disability, or political views when making administrative decisions and in providing services to youth. DJS staff shall act in accordance with federal and State laws and applicable regulations to prohibit and ensure the absence of discrimination in all programs.”
      https://djs.maryland.gov/Documents/policies/management/Nondiscrimination-of-Youth_MGT-625-14.pdf
    • Maryland Department of Juvenile Services
      Civil Rights Nondiscrimination Statement
      “In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.”
      https://djs.maryland.gov/Documents/MD-DJS-Civil-Rights-Nondiscrimination-Statement.pdf

    PREA Policy: http://www.djs.maryland.gov/Pages/PREA.aspx

    State Agency Website: http://www.djs.maryland.gov/Pages/default.aspx

    Grievance Procedure: None known.

    Ombudsman: None known.

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Michigan Department of Health and Human Services has policy based protections against discrimination on account of sex, sexual orientation, gender identity, and gender expression for anyone seeking to access services. Michigan Department of Health and Human Services Bureau of Juvenile Justice also has policy based protections against discrimination on account of gender, sexual orientation, or gender identity for youth in the juvenile justice system and training requirements for staff.

    Michigan haw law banning conversion therapy. Statue states,“a mental health professional shall not engage in conversion therapy with a minor.” Conversion therapy is defined as “any practice or treatment by a mental health professional that seeks to change an individual’s sexual orientation or gender identity, including, but not limited to, efforts to change behavior or gender expression or to reduce or eliminate sexual or romantic attractions or feelings toward an individual of the same gender.” Mich. Comp. Laws Ann. §§ 330.1100a, 330.1901a. See HB4616 and HB4617 (2023).

    Michigan has an Office of the Child Advocate.

    Statute: None known.

    Regulation: None known.

    Policy:

    • Michigan Department of Health and Human Services
      Nondiscrimination Statement
      “The Michigan Department of Health and Human Services will not exclude from participation in, deny benefits of, or discriminate against any individual or group because of race, sex, religion, age, national origin, color, height, weight, marital status, gender identification or expression, sexual orientation, partisan considerations, or a disability or genetic information that is unrelated to the person’s eligibility.”
      https://www.michigan.gov/mdhhs/adult-child-serv/juvenilejustice/nondiscrimination-statementdeclaracion-de-no-discriminacion
    • Michigan Department of Human Services, Bureau of Juvenile Justice
      Rights for Youth Under Our Care, Custody and Supervision
      “We will always ensure that our staff maintain the highest ethical behavior including reporting of any behavior that is deemed inappropriate or any bias or prejudice because of race, ethnicity, gender, age, religion, disability, sexual orientation or national origin.”
      http://www.lambdalegal.org/sites/default/files/jj_michigan.pdf
    • Juvenile Justice Field Services Policy Manuals
      JJM 110 – BARJ Philosophy
      “The Bureau of Juvenile Justice has incorporated the principles of balanced and restorative justice (BARJ) into the delivery of service to delinquent youth…
      The following are the principles of BARJ:… The juvenile justice process is respectful of age, abilities, sexual orientation, family status, diverse cultures and backgrounds and all are given equal protection and due process.” …
      JJM 700 Juvenile Justice Assignment Unit Placement Process
      “Lesbian, gay, bisexual, transgender, or intersex residents shall not be placed in particular housing on the basis of such identification or status.”
      https://dhhs.michigan.gov/OLMWeb/ex/JJ/Mobile/JJM/JJM%20Mobile.pdf
    • Juvenile Justice Residential Policy Manuals
      JRM 170 Staff Development and Training
      “Pursuant to the Prison Rape Elimination Act (PREA), National Standards for Juvenile Facilities, 28 CFR 115.331, train all employees who may have contact with youth on: … How to communicate effectively and professionally with youth, including youth who identify as lesbian, gay, bisexual, transgender or who are intersex or gender nonconforming.” …
      JRM 202 Residential Screening and Assessments
      “When a youth identifies as transgender, two-spirit or intersex, then his or her own views about his or her own safety must be given serious consideration when making housing and program assignments.” …
      JRM 602 Discipline Response System
      “Staff may never use any of the following: …Verbal abuse, ridicule, demeaning or degrading language or actions intended to humiliate. Use of profanity or slurs based on offense, race, ethnicity, gender, religion or sexual orientation.” …
      JRM 630 Seclusion
      “Lesbian, gay, bisexual, transgender or intersex youth must not be secluded or isolated on the basis of such identification or status.”
      https://dhhs.michigan.gov/OLMWeb/ex/JR/Mobile/JRM/JRM%20Mobile.pdf
    • Questions and answers about Juvenile Justice Assignment Unit No Reject/No Eject
      “A refusal [of residential services] cannot be based on the youth’s diagnosis, acuity, criminal or sexual offender status, race, color, religion, national origins, sexual orientation, gender identity, linguistic or cultural needs or previous negative outcomes or experience with the youth.”
      https://www.michigan.gov/documents/mdhhs/JJ_Assignment_Unit_No_Reject_No_Eject

    PREA Policy: https://www.michigan.gov/mdhhs/adult-child-serv/juvenilejustice/prison-rape-elimination-act

    State Agency Website: https://www.michigan.gov/mdhhs/adult-child-serv/juvenilejustice

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Missouri has regulatory protections against discrimination on account of sex for youth in the juvenile justice system. The Missouri Department of Social Services has regulatory based protections against discrimination on account of sex, sexual orientation, and gender identity for anyone seeking to access services. Missouri has policy based protections against discrimination on account of sex, gender, and sexual orientation for youth in the juvenile justice system.

    Missouri has an Office of Child Advocate.

    Statute: None known.

    Regulation:

    • Mo. Code Regs. Ann. tit. 13, § 110-2.100 Grievance Procedures for Committed Youth In Residential Facilities
      “(4) It shall be the duty of the site supervisor of each program to oversee the implementation of the grievance procedure and interpret to youth and staff the following areas which will be considered for grievances…
      9) discrimination based upon a youth’s race, color, religion, sex, national origin, age, or disability.”
    • Mo. Code Regs. Ann. tit. 13, § 110-3.060 Grievance Procedure for Youth in Aftercare
      “The administrators of each program will oversee the implementation of the grievance procedure. The following areas will be considered for grievances:…
      (D) Discrimination based upon a youth’s race, color, religion, sex, national origin, age, or disability”

    Policy:

    • Missouri Department of Social Services Nondiscrimination Policy Statement
      “DSS applicants for, or recipients of, services from DSS are treated equitably regardless of race, color, national origin, ancestry, sex (including pregnancy and gender identity), sexual orientation, age, disability, religion, or veteran status.”
      https://dss.mo.gov/files/missouri-nondiscrimination-policy-statement.htm
    • MO Division of Youth Services Fundamental Practices
      “DYS Policy: Juvenile Rights 6.1 …
      D. Not be discriminated against because of race, color, religion, sex, sexual orientation, national origin, disability, or ancestry …
      DSS POLICY Sexual Harassment and Inappropriate Conduct (Policy 2-101 and Nondiscrimination Policy Statement) …
      DSS shall ensure that employees, applicants for employment and contractors are treated equitably regardless of race, color, national origin, ancestry, genetic information, pregnancy, sex, sexual orientation, age, disability, religion, or veteran status.
      DSS shall also ensure that recipients of DSS services are treated equitably regardless of race, color, national origin, ancestry, sex, age, sexual orientation, disability, veteran status or religion.”
      https://dss.mo.gov/dys/pdf/dys-fundamental-practices.pdf
    • Missouri Standards for Operation of a Juvenile Detention Facility
      Section 7 Juvenile Rights
      “The facility shall have a written policy and procedure to assure the rights of juveniles are protected in accordance with state and federal law and Supreme Court Rule 127.10 while in detention, to include but not limited to the following: …
      E. Freedom from discrimination: Juveniles shall not be subjected to discrimination based on race, ethnicity, national origin, religion, gender, sexual orientation, and physical or mental disability”
      http://www.mjja.org/resources/publications/
      (Choose “Missouri Juvenile Detention Standards” from the list.)

    PREA Policy: No link to policy publicly available.

    State Agency Website: https://dss.mo.gov/dys/ OR https://dps.mo.gov/dir/programs/jj/

    Grievance Procedure:

    Ombudsman:

    • Missouri Office of Child Advocate
      PO Box 809
      Jefferson City, Missouri 65102
      Toll-Free: (866) 457-2302
      Fax: (573) 522-6870
      Email: oca@oca.mo.gov
      https://oca.mo.gov

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Nevada has statutory and policy based protections against discrimination on account of sex, sexual orientation, gender identity, and gender expression for youth in the juvenile justice system. Additionally, Nevada has statutory cultural competency training requirements for staff and regulatory requirements for gender affirming placement for youth in the juvenile justice system.

    Nevada has law banning conversion therapy. The state prohibits psychotherapists from providing “conversion therapy” to anyone under 18 years of age. The law defines conversion therapy as “any practice or treatment that seeks to change the sexual orientation or gender identity of a person.” Nev. Rev. Stat. § 629.600. See also S.B. 201 (2017).

    Nevada Division of Child and Family Services has a Systems Advocate and Clark County has an Ombudsman.

    Statute:

    Nondiscrimination

    • Nev. Rev. Stat. § 62B.510
      Rights of child placed in detention facility
      “Except as otherwise provided in NRS 62B.520, a child who is placed in the care and custody of a detention facility within this State has the right: . . .
      8. To be free from: . . .
      (d) Discrimination or harassment on the basis of his or her actual or perceived race, ethnicity, ancestry, national origin, color, religion, sex, sexual orientation, gender identity or expression, mental or physical disability or exposure to any communicable disease.”

    Training

    • Nev. Rev. Stat. § 62B.607
      Implicit bias and cultural competency training required for certain persons; regulations
      “1. Any person who, during the scope of his or her employment, has regular and routine contact with juveniles who are involved in the juvenile justice system . . . shall complete, in addition to any other required training, training relating to implicit bias and cultural competency provided by his or her employer . . .
      2. The training required by subsection 1 must include, without limitation, instruction that: . . .
      (b) Provides information regarding cultural competency, including, without limitation, sensitivity to the needs of children, lesbian, gay, bisexual and transgender persons, racial and ethnic minorities, religious minorities and women[.] . . .
      5. As used in this section, “cultural competency” means an understanding of how people and institutions can respond respectfully and effectively to people of all cultures, economic statuses, language backgrounds, races, ethnic backgrounds, disabilities, religions, genders, gender identities or expressions, sexual orientations, veteran statuses and other characteristics in a manner that recognizes, affirms and values the worth and preserves the dignity of people, families and communities.”

    Regulation:

    • Nev. Admin Code § 62B.085
      Establishment of procedure by institution or agency to ensure appropriate placement of child in accordance with gender identity or expression.
      “1. Each institution or agency shall establish a procedure that, at a minimum, ensures:
      (a) A determination of the gender identity or expression or sexual orientation of a child who is held at the institution or in the custody or control of the agency is made in a manner that is primarily based on self-reporting from the child and is respectful and developmentally appropriate.
      (b) Responsiveness to the gender identity or expression of a child who is held at the institution or in the custody or control of the agency with regard to, without limitation:
      (1) A determination concerning arrangements for housing, including, without limitation, arrangements for housing that:
      (I) Align with the gender identity or expression of the child;
      (II) Take into consideration the wishes of the child; and
      (III) Take into consideration the health and safety of the child; and
      (2) Access to privacy while showering, changing clothes and using the bathroom facility. . . .
      (f) Resources necessary to support the gender identity or expression and sexual orientation of all children held at the institution or in the custody or control of the agency are identified and provided to the children.”

    Policy:

    • Nevada Department of Health and Human Services, Division of Child and Family Services, Juvenile Justice Services
      Juvenile Detention Facility Standards
      “Written policy, procedure, and practice provide that juveniles are not subjected to discrimination based on race, religion, national origin, sex, or physical handicap.”
      https://dcfs.nv.gov/uploadedFiles/dcfsnvgov/content/Programs/JJS
    • Nevada Department of Health and Human Services, Division of Child and Family Services, Juvenile Justice Services
      Staff Code of Conduct and Ethics
      “Staff must address youth without the use of abusive language, cursing, disrespectful or demeaning language, racially discriminatory or demeaning language or any other name calling/ridicule/humiliating or demeaning references to gender, . . . family of origin, sexual orientation, gender identity, lesbian, gay, bisexual, transgender, or intersex.”
      https://dcfs.nv.gov/uploadedFiles/dcfsnvgov/content/Programs/JJS/Staff_Conduct_and_Ethics.pdf
    • Nevada Department of Health and Human Services, Division of Child and Family Services, Juvenile Justice Services
      Youth Rights
      “A. Youth have the right to: . . .
      7. Have access to necessary medical and behavioral health care services, including, without limitation to: . . .
      c. Referral to and receipt of medical, emotional, psychological or psychiatric evaluation and treatment as soon as possible after the need for such services have been identified.
      i. Youth may require specialized care, such as LGBTI and gender nonconforming (GNC) youth. In accordance with Nevada state law and this policy, the Division will only utilize the services of medical or mental health providers which do not engage in “reparative” or “conversion” therapy, or otherwise attempt to suppress or change a youth’s sexual orientation, gender identity or gender expression. …
      C. Youth have the right to be free from: . . .
      4. Discrimination or harassment based on . . . sex assigned at birth; sexual orientation; gender identity or gender expression; . . . sexual orientation, gender identity, gender expression or intersex traits or status; or exposure to any communicable disease”
      https://dcfs.nv.gov/uploadedFiles/dcfsnvgov/content/Programs/JJS/300_03_Youth_Rights.pdf
    • Nevada Department of Health and Human Services, Division of Child and Family Services, Juvenile Justice Services
      Lesbian, Gay, Bisexual, Transgender and Intersex Youth
      “1. Housing assignments and facility placement for youth who are transgender, or intersex shall be made in alignment with the youth’s gender identity, taking into consideration the wishes of the child per NAC 62B.085.1(b).1(I-II), while, at the same time, ensuring the health and safety of the youth. These placement decisions must be reassessed, at a minimum, every six months.
      2. If the facility determines the youth’s wishes as to their preferred bed placement creates a safety concern and denies their request, the facility shall document those safety concerns and the Superintendent shall reassess the youth’s placement at least every sixty days.” https://dcfs.nv.gov/uploadedFiles/dcfsnvgov/content/Programs/JJS/300.09_PREA_Policy_Final.pdf

    PREA Policy: http://dcfs.nv.gov/Programs/JJS/PREAHome/ OR https://dcfs.nv.gov/uploadedFiles/dcfsnvgov/content/Programs/JJS/300.09_PREA_Policy_Final.pdf

    State Agency Website: http://dcfs.nv.gov/Programs/JJS/

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • New Hampshire Department of Health and Human Services (DHHS) has policy based protections against discrimination on account of sex and sexual orientation for anyone seeking to access services. New Hampshire Department of Health and Human Services, Division for Children, Youth and Families has policy based protections against discrimination on account of sex, sexual orientation, and gender identity for youth in the state’s secure juvenile treatment facility.

    New Hampshire has law banning conversion therapy. The state prohibits persons licensed to provide counseling services from engaging in “conversion therapy” with anyone under 18 years of age. The law defines conversion therapy as “any practices or treatments that seek to change an individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender.” N.H. Rev. Stat. Ann. §§ 332-L:1-L:3. See also H.B. 587 (2018).

    New Hampshire has a DHHS ombudsman and an Office of the Child Advocate.

    Statute: None known.

    Regulation: None known.

    Policy:

    • New Hampshire Department of Health and Human Services, Division for Children, Youth and Families
      2090 Basic Rights for Committed and Detained Youth
      “Discrimination based on race, religion, national origin, sex, physical handicap, sexual orientation, gender identity, or for any other reason is prohibited.”
      https://www.dhhs.nh.gov/sites/g/files/ehbemt476/files/documents/2021-11/dcyf-policy-2090.pdf
    • New Hampshire Department of Health and Human Services
      Non-Discrimination Policy
      “The New Hampshire Department of Health and Human Services, does not discriminate against people because of their age, sex, race, creed, color, marital status, familial status, physical or mental disability, religion, national origin, sexual orientation or political affiliation or belief. There will be no discrimination in accepting or providing services, or the admission or access to, or treatment or employment in, any of the Department’s programs or activities.”
      https://www.dhhs.nh.gov/about-dhhs/office-ombudsman/dhhs-non-discrimination-policy

    PREA Policy: https://www.dhhs.nh.gov/programs-services/child-protection-juvenile-justice/juvenile-justice-services/prison-rape OR https://www.dhhs.nh.gov/sites/g/files/ehbemt476/files/documents2/dcyf-policy-2040.pdf

    State Agency Website: https://www.dhhs.nh.gov/programs-services/child-protection-juvenile-justice OR https://www.dhhs.nh.gov/programs-services/child-protection-juvenile-justice/juvenile-justice-services

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • New Mexico has regulatory based protections against discrimination on account of sex, sexual orientation and gender identity for youth in the juvenile justice system. The New Mexico Children, Youth and Families Department has policy based protections against discrimination on account of sex, gender, sexual orientation, gender identity, and gender expression for youth in the juvenile justice system.

    New Mexico has law banning conversion therapy. The state prohibits the provision of “conversion therapy” to any person under the age of eighteen. The law defines conversion therapy as “any practice or treatment that seeks to change a person’s sexual orientation or gender identity, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward persons of the same sex.” N.M. Stat. § 61-1-3.3. See also S.B. 1212 (2017).

    New Mexico has an Office of Children’s Rights and a Substitute Care Advisory Council that monitors the Children, Youth & Families Department (CYFD).

    Statute: None known.

    Regulation:

    • N.M. Admin. Code 8.14.1.11
      General Provisions, Non-Discrimination
      “All services and licenses are provided in accordance with federal and state constitutional, statutory and regulatory requirements. Except as otherwise stated, the department and any contract provided service and license shall be without regard to age, gender, race, religion, disability, marital status, or tribal affiliation in accordance with the law.”
    • N.M. Admin. Code 8.14.10.7
      Transition Services, Defintions
      “B. Culturally competent services refers to a service delivery system that is responsive to diversity and cultural differences related to age, race, ethnicity, gender, and sexual preference.
      . . .
      P. Transition services refers to the services provided for youth exiting the care and custody of CYFD. Services are youth and family-driven, with individualized case planning and community-based transition services using wraparound models. CYFD provides transition services based on best practices that are culturally competent, gender responsive, and built on the unique strengths and resiliency of youth and their families.”
    • N.M. Admin. Code 8.14.14.18
      New Mexico Juvenile Detention Standards, Juvenile Rights and Responsibilities
      “A. The center shall have written policies and procedures stating that juveniles are not subject to discrimination based on race, color, national origin, religion, sex (including pregnancy and childbirth) mental or physical disability, genetic information, marital status, sexual orientation, gender identity, serious medical condition, domestic abuse reporting status, and citizenship.”

    Policy:

    • New Mexico Children, Youth and Families Department, CYFD Directive: Nondiscrimination Policy Statement 
      “No child, youth, family, or individual shall be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration or provision of CYFD programs and services, including contract services and programs, on the basis of: . . .sex or gender; gender identity; gender expression; sexual orientation; . . . medical condition including HIV/AIDS; . . . and housing statue, including homelessness; or any other non-merit factor.”
      https://www.cyfd.nm.gov/wp-content/uploads/2023/03/LGBTQIAEnglish.pdf

    PREA Policy: https://cyfd.org/facilities/prison-rape-elimination-act-prea

    State Agency Website: https://www.cyfd.nm.gov/jjs/

    Grievance Procedure:

    • Office of Children’s Rights – How to file a complaint
      Email: CYFD.YouthGrievance@state.nm.us
      Phone: 505-228-6797
      https://cyfd.org/youth-bill-of-rights-grievance-process
    • New Mexico Children, Youth & Families
      PO Drawer 5160
      P.E.R.A. Room 254
      Santa Fe, New Mexico 87502
      Phone: (505) 827-7606
      Fax: (505) 827-4053
      Email: harry.montoya@state.nm.us
      http://cyfd.org/about-cyfd/constituent-affairs
    • N.M. Admin. Code § 8.14.20.15 Right of Grievance Complaint and Appeal
      “The client grievance and appeal procedure is written and made available to all clients and families and includes at least one level of appeal. The published process for submitting a grievance is posted and grievance boxes are provided nearby in conspicuous places for clients and families in each living unit and common areas. Grievances are transmitted confidentially and without alteration, interference, or delay to the party responsible for receipt and investigation. A written report on the final disposition of a grievance is prepared and filed, and a copy given to the client.”
    • Substitute Care Advisory Council
      PO Box 3204 Mesilla Park, NM 88047
      Phone: 833-272-2255
      Email: nm.crv@state.nm.us
      http://www.scacnm.org/

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • North Dakota has policy based protections against discrimination on account of sex, sexual orientation, and gender identity for youth in the juvenile justice system.

    North Dakota does not have a juvenile justice-specific ombuds.

    Statute: None known.

    Regulation: None known.

    Policy:

    • North Dakota Department of Corrections and Rehabilitation, Division of Juvenile Services
      North Dakota Facility (Detention) Rules
      “Rule 31: The rights of juveniles in detention may not be diminished or denied for disciplinary reasons. Written policies and procedures must provide that juveniles are assured their rights, subject only to the limitations necessary to maintain order and security in the facility. The juvenile shall sign a document stating that the juvenile understands his or her rights. Juvenile rights include:
      A. Freedom from discrimination because of race, national origin, religion or creed, genetics, sex, sexual orientation, gender identity, or disability, and shall receive equal treatment under all policies and procedures of this facility.”
      https://www.docr.nd.gov/sites/www/files/documents/jails/Jail%20Standards/ND%20Juvenile%20Detention%20Rules.pdf

    PREA Policy: https://docr.nd.gov/about/prea-information

    State Agency Website: https://docr.nd.gov/

    Grievance Procedure:

    • North Dakota Facility (Detention) Rules, Prepared by the North Dakota Department of Corrections and Rehabilitation division of Juvenile Services,
      Each facility is required to advise youth of their rights including their rights to nondiscrimination and a written grievance procedure:
      “Rule 31: The rights of juveniles in detention may not be diminished or denied for disciplinary reasons. Written policies and procedures must provide that juveniles are assured their rights, subject only to the limitations necessary to maintain order and security in the facility. The juvenile shall sign a document stating that the juvenile understands his or her rights. Juvenile rights include:
      A. Freedom from discrimination because of race, national origin, religion or creed, genetics, sex, sexual orientation, gender identity, or disability, and shall receive equal treatment under all policies and procedures of this facility
      D. A written grievance procedure, which must be explained and made available to juveniles. A facility may not subject a juvenile to disciplinary action for reporting a grievance. The facility shall provide at least one level of appeal, which may not be reviewed by the same individual who initially reviewed the grievance. The reviewing authority shall document the findings and the disposition of the appeal. The facility shall provide a copy of the appeal report to the juvenile and shall file the appeal report in the facility records.”
      https://www.docr.nd.gov/sites/www/files/documents/jails/Jail%20Standards/ND%20Juvenile%20Detention%20Rules.pdf

    Ombudsman: None known.

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Oregon has regulatory based protections against discrimination on account of sex, sexual orientation, gender identity, and gender expression. Oregon Youth Authority has policy based protections against discrimination on account of gender, sexual orientation and gender identity for youth in the juvenile justice system.

    Oregon has law banning conversion therapy. The state prohibits mental health care professionals from practicing “conversion therapy” on recipients under 18 years of age. The law defines conversion therapy as “providing professional services for the purpose of attempting to change a person’s sexual orientation or gender identity, including attempting to change behaviors or expressions of self or to reduce sexual or romantic attractions or feelings toward individuals of the same gender.” Or. Rev. Stat. § 675.850. See also H.B. 2307 (2015).

    Oregon does not have a juvenile justice-specific ombuds.

    Statute: None known.

    Regulation:

    • OAR 416-435-0010 Oregon Youth Authority, OYA Transgender, Gender Diverse, Gender Fluid, and Intersex Youth
      “OYA staff must strive to treat all youth in custody (YICs) respectfully and without harassment and discrimination with consideration of each YIC’s individual circumstances, including race, ethnicity, religious beliefs, national origin, sex, physical or mental disabilities, sexual orientation, gender identity, gender expression, or intersex status. OYA seeks to provide an inclusive, safe, and positive human development environment for all YICs in its custody.”

    Policy:

    • Oregon Youth Authority Policy Statement, Part II – Youth Services, Offender Rights
      “OYA staff must treat youth equally, regardless of race, ethnicity, religious beliefs, national origin, gender , physical or mental disabilities, sexual orientation, gender identity, or intersex status (LGBTQ+). OYA provides youth programs and services necessary to promote their personal reformation and development while addressing their criminogenic needs and case plan goals. These services are designed to maintain a youth’s physical and psychological wellbeing and are equally available to all youth.”
      https://www.oregon.gov/oya/policies/ii-f-1.0.pdf

    PREA Policy: http://www.oregon.gov/oya/pages/pso/prea.aspx

    State Agency Website: http://www.oregon.gov/OYA/pages/index.aspx

    Grievance Procedure:

    Ombudsman: None known.

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Texas has regulatory and policy based protections against discrimination on account of sex, gender, sexual orientation, and gender identity for youth in the juvenile justice system.

    Harris County has a policy specific to upholding the rights of LGBTI youth in the juvenile justice system.

    Texas has a juvenile justice-specific ombudsman.

    Statute: None known.

    Regulation:

    • 37 Tex. Admin. Code § 351.15
      Standards for Short-Term Detention Facilities: Short Term Detention Facility Standards: Residents’ Rights
      “(a) Illegal Discrimination. Residents shall not be subjected to discrimination based on race, national origin, religion, sex, or disability.”
    • 37 Tex. Admin. Code § 355.620
      Non-Secure Correctional Facilities: Resident Rights and Programming: Illegal Discrimination
      “Residents shall not be subjected to discrimination based on race, national origin, religion, sex, sexual orientation, gender identity, or disability.”
    • 37 Tex. Admin. Code § 380.8524
      Rules for State-Operated Programs and Facilities: Admissions, Placement, Release, and Discharge: Placement Planning: Assessment for Safe Housing Placement
      “(6) LGBTI youth must not be placed in a particular housing unit, bed, or other program assignment based solely on the basis of such identification or status.”
    • 37 Tex. Admin. Code § 380.9301
      Rules for State-Operated Programs and Facilities: Youth Rights and Remedies: Basic Youth Rights
      “(a) Purpose. This rule establishes certain basic rights that are recognized for each youth in the Texas Juvenile Justice Department (TJJD). . . .
      (c) Right to Equal Treatment. Youth have the right not to be discriminated against because of race, sex, language, national origin, disabilities, sexual orientation, gender identity, religion, or personal opinions.”
    • 37 Tex. Admin. Code § 380.9337
      Rules for State-Operated Programs and Facilities: Youth Rights and Remedies: Zero Tolerance for Sexual Abuse, Sexual Activity, and Sexual Harassment
      “(e) Prevention Planning…
      (4) Limits to Cross-Gender Viewing and Searches. . . .
      (B) TJJD does not search or physically examine a transgender or intersex youth for the sole purpose of determining the youth’s genital status. The status may be determined during conversations with the youth, by reviewing medical records, or as part of a broader medical examination conducted in private by a medical practitioner.” …
      (g) Training and Education.
      (1) Employee Training.
      (A) TJJD provides PREA [Prison Rape Elimination Act]-related training to all employees who may have contact with youth. The training is tailored to the unique needs and attributes of youth in juvenile facilities and to the specific gender(s) represented at the facility. The training addresses: . . .
      (ix) how to communicate effectively and professionally with youth, including lesbian, gay, bisexual, transgender, intersex, or gender nonconforming youth[.]…
      (h) Screening for Risk of Sexual Victimization and Abusiveness.
      (2) Placement of Youth in Housing, Bed, Program, Education, and Work Assignments. . . .
      (C) Lesbian, gay, bisexual, transgender, or intersex youth are not placed in particular housing, bed, or other assignments solely on the basis of such identification or status. TJJD does not consider such identification or status as an indicator of likelihood of being sexually abusive.
      (D) For each transgender or intersex youth, TJJD:
      (i) makes a case-by-case determination when assigning the youth to a male or female facility and when making other housing and programming assignments, considering the youth’s health and safety and any management or security concerns;
      (ii) gives serious consideration to the youth’s own views concerning his/her own safety when making placement and programming assignments;
      (iii) reassesses the placement and programming assignments at least twice each year to review any threats to safety experienced by the youth; and
      (iv) provides the opportunity to shower separately from other youth.”
    • 37 Tex. Admin. Code § 345.310(c)(2)
      Juvenile Justice Professional Code of Ethics for Certified Officers: Code of Ethics
      “Juvenile justice professionals must not: . . .
      (E) discriminate against any employee, juvenile, parent, or guardian on the basis of race, ethnicity, gender, disability, national origin, religion, sexual orientation, political belief, or socioeconomic status[.]”
    • 37 Tex. Admin. Code § 343.368
      Pre-Adjudication and Post- Adjudication Secure Facility Standards, Illegal Discrimination
      “Residents shall not be subjected to discrimination based on race, national origin, religion, sex, sexual orientation, gender identity, or disability.”
    • 37 Tex. Admin. Code § 380.9161
      Youth Employment and Work
      “(5) TJJD does not discriminate against youth on the basis of race, color, national origin, sex, religion, disability, or genetic information in providing opportunities for uncompensated and compensated work.”

    Policy:

    Local Policy:

    PREA Policy:  https://www.tjjd.texas.gov/wp-content/uploads/2024/03/GAP.380.9337.pdf or
    https://www.tjjd.texas.gov/general-administrative-policy-manual/
    [Select 380.9337 Zero Tolerance for Sexual Abuse, Sexual Activity, and Sexual Harassment.]

    State Agency Website: https://www.tjjd.texas.gov/index.php

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Utah has statutory based protections against discrimination on account of sex and gender for accessing human services. Utah Department of Human Services, Division of Juvenile Justice Services has policy based protections against discrimination on account of gender, sexual orientation, and gender identity for youth in the juvenile justice system.

    Utah has law banning conversion therapy. The state statute requires “a health care professional who is acting in their professional capacity may not provide conversion therapy to a minor client.” Conversion therapy is defined as “a practice or treatment by which a health care professional intends to change a minor client’s sexual orientation or gender identity, or to impose a different sexual orientation or gender identity upon a minor client[.]” Utah Code §§ 58-1-501, 58-1-511. H.B. 228 (2023).

    Utah does not have a juvenile justice-specific ombuds.

    Statute:

    • Utah Code § 26B-2-109
      Human service program non-discrimination
      “A human services program:
      (1) shall perform an individualized assessment when classifying and placing an individual in programs and living environments; and
      (2) subject to the office’s review and approval, shall create policies and procedures that include:
      (a) a description of what constitutes sex and gender based abuse, discrimination, and harassment; (b) procedures for preventing and reporting abuse, discrimination, and harassment; and
      (c) procedures for teaching effective and professional communication with individuals of all sexual orientations and genders.”

    Regulation: None known.

    Policy:

    • Utah Department of Human Services, Division of Juvenile Justice Services, Policy No: 04-09, Lesbian, Gay, Bi Sexual, Transgender, Questioning, Intersex (LGBTQI) and Gender Non-Conforming (GNC) Juveniles
      “The Division shall provide a safe, healthy and accepting environment for juveniles placed in our care, custody, and control, who identify as Lesbian, Gay, Bisexual, Transgender, Questioning, Intersex, (LGBTQI) and/or Gender Non-Conforming (GNC).”
      https://public.powerdms.com/UTAHDHS/documents/148165
      [Not currently available]
    • Utah Department of Human Services, Division of Juvenile Justice Services, Policy No: 04-01, Juvenile Rights and Responsibilities 
      “B. Staff shall provide each juvenile a copy of the Division’s approved written description of the rights of juveniles (attachment 04-01-A), and place a signed copy in the juvenile’s file. Each juvenile has the basic right:
      1. To be free from discrimination based on race, religion, color, gender, gender identity, sexual orientation, or handicap; be treated with respect, dignity, impartiality, and fairness[.]” https://public.powerdms.com/UTAHDHS/documents/145493
      [Not currently available]
    • Utah Department of Human Services, Division Juvenile Justice Services, Juvenile Justice Service Family Handbook
      “Parent’s Bill of Rights …
      You and your child will be treated fairly regardless of race, religion, national origin, language, economic status, disability, gender, sexual orientation, or age…
      Your child’s rights
      Each child has the right to:
      1. Be free from discrimination based on race, religion, color, gender, gender identity, sexual orientation, or disability”
      https://jjys.utah.gov/wp-content/uploads/Family-Handbook.pdf

    PREA Policy: None known.

    State Agency Website: https://jjys.utah.gov/

    Grievance Procedure:

    Ombudsman: None known.

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • West Virginia Department of Health and Human Resources Bureau for Children and Families has policy based protections against discrimination on account of sex, sexual orientation, and gender identity for youth in the juvenile justice system. The state’s Youth Services Policy requires child welfare workers to treat LGBTQI youth with “respect and competence” and to adhere to all relevant state and federal laws.

    West Virginia does not have a juvenile justice-specific ombuds.

    Statute: None known.

    Regulation: None known.

    Policy:

    • West Virginia Department of Health and Human Resources Bureau for Children and Families, Youth Services Policy 
      “Effective intervention requires that Youth Services respond in a non-punitive, noncritical manner and offer help in the least intrusive way possible. Children and families shall be treated with dignity and respect by the child welfare staff and all providers of service working with them. It is the Child Welfare System’s responsibility to ensure the rights of children and families being served are protected. In doing so, child welfare workers shall not assume all children in care are heterosexual, cis-gender or genderconforming and will treat Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex (LGBTQI) Youth with respect and competence. They will also adhere to state and federal laws related to LGBTQI Youth. All professionals in state and local child welfare systems have an obligation to understand and adhere to the federal laws that protect the families and children in the communities they serve. Decisions made by child welfare workers, should be made without intentional or unintentional discrimination. This includes discriminating on the basis of age, race, color, sex, mental or physical disability, religious creed, national origin, sexual orientation, political beliefs and limited proficiency in speaking, reading, writing or understanding the English language”
      11.1 Nondiscrimination
      “As a recipient of Federal financial assistance, the Bureau for Social Service (BSS) does not exclude, deny benefits to, or otherwise discriminate against any person on the ground of race, color, national origin, disability, age, sex, sexual orientation, gender identity, religion or creed in admission to, participation in, or receipt of the services and benefits under any of its programs and activities, whether carried out by BSS directly or through a contractor or any other entity with which BSS arranges to carry out its programs and activities.”
      11.3 Complaint Procedure and Due Process Standards
      A: Complaints Based on Disability or other Forms of Discrimination
      “It is the policy of the West Virginia Department of Health and Human Resources (DHHR), not to discriminate on the basis of on the basis of race, color, national origin, disability, age, sex, sexual orientation, gender identity, religion, or creed.”
      https://dhhr.wv.gov/bcf/policy/Documents/Youth%20Services%20Policy%20February%202022%20%281%29.pdf
    • West Virginia Division Corrections & Rehabiliation, 
      Policy No. 335.02, Juvenile Resident Rights & Grievance Procedures 
      “II. BJS has also assured the following rights are provided to residents under its jurisdiction: …
      B. To be free from discrimination based on race, religion, national origin, gender, or physical handicap[.]”
      https://dcr.wv.gov/aboutus/SiteAssets/Pages/Policies/WVDCR%20PD%20335.02%20Juvenile%20Resident%20Rights%20%26%20Grievance%20Procedures%20AMENDED.pdf
    • West Virginia Division of Juvenile Services
      Policy No. 333.00, Resident Access to Courts and Counsel 
      “4. Residents are not to be subjected to discrimination based on race, religion, national origin, sex, disability, or political views in making administrative decisions and in providing access to programs.”
      https://dcr.wv.gov/resources/Documents/juvenile-center-and-facility-policies/333.00%20-%20Resident%20Access%20to%20Courts%20and%20Counsel.pdf
      [Link Currently Unavailable]

    PREA Policy: https://dcr.wv.gov/resources/Pages/prea.aspx

    State Agency Website:

    Grievance Procedure:

    Ombudsman: None known.

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

Sexual Orientation and Sex (or Gender) Protections

  • Florida has policy based protections against discrimination on account of gender and sexual orientation for youth in the juvenile justice system.

    Florida’s Department of Juvenile Justice has an Office of the Inspector General.

    Statute: None known.

    Regulation: None known.

    Policy:

    PREA Policy: http://www.djj.state.fl.us/partners/prison-rape-elimination-act-(prea)

    State Agency Website: http://www.djj.state.fl.us/home

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Minnesota has regulatory based protections against discrimination on account of gender and sexual orientation for youth in the juvenile justice system. Minnesota Department of Corrections has policy based instructions specific to the care of Transgender, Gender Nonconforming, and Intersex individuals who are incarcerated, including access to gender affirming healthcare and proper pronoun usage. Minnesota Office of Justice Programs has policy based protections against discrimination on account of sex, sexual orientation, and gender identity that cover youth receiving services from its grantees.

    Minnesota has law banning conversion therapy. State statute requires that, “no mental health practitioner or mental health professional shall engage in conversion therapy with a client younger than 18 years of age or with a client who is a vulnerable adult[.]” Minn. Stat. Ann. § 214.078. See also H.F. 16 (2023).

    Minnesota does not have a juvenile justice-specific ombuds, the state has an Ombudsperson for Families and an Ombuds for Corrections.

    Statute: None known.

    Regulation:

    • Minn. R. 2960.0050
      Department of Corrections, Licensure and Certification of Programs for Children, Resident Rights and Basic Services
      “Subpart 1. BASIC RIGHTS. A resident has basic rights including, but not limited to, the rights in this subpart …
      P. [R]ight to be free from bias and harassment regarding race, gender, age, disability, spirituality, and sexual orientation[.]”
    • Minn. R. 2960.0080
      Department of Corrections, Licensure and Certification of Programs for Children, Facility Operational Service Policies and Practices
      “A. The license holder must not subject residents to: …
      (2) verbal abuse, including, but not limited to: name calling; derogatory statements about the resident or resident’s family, race, gender, disability, sexual orientation, religion, or culture; or statements intended to shame, threaten, humiliate, or frighten the resident”

    Policy:

    • Minnesota Department of Corrections
      202.045 Management of Transgender/Gender Non-Conforming/Intersex Offenders/Residents
      https://policy.doc.mn.gov/DOCPolicy/
      [Select 202.045 from menu]
    • Minnesota Department of Corrections
      204.041 Education – Juvenile Facilities – MCF-Red Wing
      “All students must have equal access to education programs regardless of race, disability, sex, age, color, national origin or ancestry, creed, religion, familial status, sexual orientation, marital or parental status, or any other legally-protected classification.”
      https://policy.doc.mn.gov/DOCPolicy/
      [select 204.041 from menu]
    • Minnesota Office of Justice Programs (OJP)
      Discrimination/Harassment Policy & Complaint Process
      “It is the policy of the Minnesota Office of Justice Programs that all OJP staff and each subrecipient program which receives federal funding will not exclude, deny benefits to, or otherwise discriminate against any person in the admission to, participation in or receipt of services or benefits or in employment practices on the basis of race, color, national origin, age, religion, disability, sex and relevant categories set forth in the federal law regarding the specific program area. …
      Discrimination occurs when an individual or a group is treated unfairly or differently from others because of their membership or perceived membership in a protected class …
      Protected class status defined under Federal or Minnesota law include an individual’s race, color, creed, religion, national origin, sex, sexual orientation, gender identity, marital status, public assistance status, familial status, age, disability, or membership or activity in a local commission.”
      https://dps.mn.gov/divisions/ojp/Documents/OJP%20Discrimination%20Policy%20Complaint%20Process.docx
      [Nondiscrimination protections cover youth in Minnesota OJP Grantees programs, see Grantees below:
      https://dps.mn.gov/entity/jjac/funding/Pages/default.aspx

    PREA Policy:

    State Agency Website:

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Montana has regulatory based protections against discrimination on account of gender and sexual orientation for youth in the juvenile justice system. Montana Department of Corrections has policy based protections against discrimination on account of sex in detention facilities.

    Montana does not have a juvenile justice-specific ombuds, the state has an office of the Citizens’ Advocate.

    Statute: None known.

    Regulation:

    • Mont. Admin. R. 20.9.620
      Youth Services, Licensure of Youth Detention Facilities, Rights of Youth.
      “(4) No facility may discriminate against any youth based on race, religion, national origin, gender, handicap, political belief, or sexual orientation.”

    Policy:

    • State of Montana Department of Corrections
      Policy No. DOC 3.3.20 Offender Nondiscrimination
      “The Department does not tolerate employees committing any forms of discrimination, harassment or retaliation against offenders based upon the offender’s race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin, or in retaliation against an offender because the offender has opposed any discriminatory practices or because the offender has filed a complaint, testified, assisted, or participated in any manner in a discrimination investigation or proceeding.”
      https://www.cor.mt.gov/DataStatsContractsPoliciesProcedures/DataDocumentsandLinks/DOCPolicies/Chapter3/3.3.20-Offender-Nondiscrimination.pdf
      *Policy applies to Detention Facilities*

    PREA Policy: https://cor.mt.gov/PREA/ OR https://www.cor.mt.gov/DataStatsContractsPoliciesProcedures/DataDocumentsandLinks/DOCPolicies/Chapter1/1.1.17-Prison-Rape-Elimination-Act_PREA.pdf

    State Agency Website:

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Virginia has regulatory based protections against discrimination on account of sex and sexual orientation for youth in the juvenile justice system. Virginia Department of Juvenile Justice has policy based protections against discriminations on account of gender and sexual orientation for youth in the juvenile justice system.

    Virginia has law banning conversion therapy. Statute states that, “no person licensed … or who performs counseling as part of his training for any profession licensed … shall engage in conversion therapy with a person under 18 years of age.” Conversion therapy is defined as “any practice or treatment that seeks to change an individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender.” Va. Code § 54.1-2409.5. See also H.B. 386 (2020).

    Virginia has a Juvenile Justice Ombuds Program.

    Statute: None known.

    Regulation:

    • 6 Va. Admin. Code 35-150-490
      Juveniles’ Rights.
      “Juveniles shall not be excluded from a program nor be denied access to services on the basis of race, ethnicity, national origin, color, religion, sex, physical disability, or sexual orientation.”

    Policy:

    • Department of Juvenile Justice, Resident Handbook
      “Residents’ Basic Services and Rights
      Although you are committed to DJJ, you still have the right to be healthy and safe. No one should treat you badly because of your race, religion, gender, sexual orientation, or for any other reason. You are expected to treat others with the same respect. In this section, you will learn about some of the services available to keep you healthy and safe.”
      https://www.djj.virginia.gov/documents/residential/Resident_Handbook.pdf

    PREA Policy:

    State Agency Website: http://www.djj.virginia.gov

    Grievance Procedure:

    Ombudsman:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Wisconsin has regulatory based protections against discrimination on account of sex or sexual orientation for youth in secure facilities within the juvenile justice system (DOC). Wisconsin has regulatory based protections against discrimination on account of sex for youth in juvenile justice programs (DCF). Wisconsin Department of Health Services, Department of Children and Families has policy based protections against discrimination on account of sex. The juvenile justice system in Wisconsin is run jointly by the Department of Children and Families (DCF) and the state Department of Corrections (DOC).

    Wisconsin does not have a juvenile justice-specific ombuds, the state has a civil rights complaint procedure within the Department of Children and Families.

    Statute: None known.

    Regulation:

    Nondiscrimination

    • Wis. Admin. Code DOC § 396.09
      Responsibilities of staff.
      “(1) General responsibilities. All of the following apply to youth and staff shall require that each youth:
      (a) Is free from discrimination based on race, national origin, color, creed, sex, age, sexual orientation, marital status, political affiliation, disability, ethnicity, religion, or ancestry.”
    • Wis. Adm. Code § DCF 81.04
      Intensive Supervision Program, Program requirements.
      “PARTICIPANT RIGHTS. A county department shall make reasonable efforts to ensure that a youth, while participating in the program.
      (a) Is free from discrimination based on race or ethnicity, color, religion, sex, national origin, or any other category protected by federal or state law while receiving program services.”
    • Wis. Adm. Code § DOC 393.04
      Responsibilities of the aftercare provider.
      “The department or county department providing aftercare shall make reasonable efforts to ensure all of the following regarding a youth on aftercare: (1) The youth is free from discrimination based on race, national origin, color, creed, sex, age, sexual orientation, marital status, political affiliation, disability, ethnicity, religion, or ancestry.”
    • Wis. Adm. Code § DOC 347.39
      Secured Residential Care Centers for Children and Youth, Programs and Services, General.
      “(1) The facility shall do all of the following: …
      (c) Provide programs and services that are responsive to the genders, sexual orientations, disabilities, socioeconomic statuses, cultural, racial and ethnic backgrounds, experiences, interests, and primary languages of youth.”

      Complaint Procedure
    • Wis. Adm. Code § DOC 380.10
      Complaint Procedure for Youth in Type 1 Secured Correctional Facilities, Report required.
      “An institution shall submit an annual report to the administrator concerning the quantity, type and disposition of complaints. To be in compliance with Title VI of the Civil Rights Act (42 C.R.R. 2000d), the report must include the number of complaints filed per month by minority youth; and the number of complaints alleging discrimination on the basis of race, sex, religion or age initiated against individual staff persons and the dispositions.”

    Policy:

    • Wisconsin Department of Health Services, Department of Children and Families, Civil Rights Compliance Requirements
      “RECIPIENT HEREBY AGREES THAT IT WILL COMPLY WITH ALL APPLICABLE FEDERAL CIVIL RIGHTS LAWS:
      Federal civil rights laws prohibit discrimination of members, applicants, enrollees, and beneficiaries in any programs or activities that receive Federal financial assistance. Those laws include, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, Title IX of the Educational Amendments of 1972, the Age Discrimination Act of 1975, Section 1557 of the Patient Protection and Affordable Care Act of 2010, and their respective implementing regulations, and prohibit recipients and subrecipients of Federal financial assistance from discriminating on the basis of race, color, national origin, sex, age, disability, and, in some programs, religious creed or political affiliation or beliefs, in their programs or activities, and in retaliating or engaging in reprisals against individuals for opposing discrimination protected under these laws.” (pg. 30)
      “ “Recipient,” as used here, refers to those entities who receive Federal funds passed through from one or more State Agencies to administer a program or activity. This does not include the actual individual client or beneficiary of the program or activity.”
      https://dcf.wisconsin.gov/files/publications/pdf/153.pdf

    PREA Policy:

    State Agency Website:

    Grievance Procedure:

    Ombudsman/Civil Rights Compliance:

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

  • Wyoming has regulatory based protections against discrimination on account of gender and sexual orientation for youth the juvenile justice system. Wyoming Department of Family Services has regulatory based protections against discrimination on account of sex for anyone seeking to access services.

    Wyoming does not have a juvenile justice-specific ombuds.

    Statute: None known.

    Regulation:

    • WY Rules and Regulations 049.0029.3 § 23
      Providers of Substitute Care Services, Certification of [0029], Chapter 3. General Requirements Section 23. Child and Family (Parent, Guardian) Rights.
      “All organizations shall develop and maintain a child’s rights policy that supports and protects the fundamental human, civil, constitutional, and statutory rights of all children. These rights shall include, but are not limited to, the following:…
      (b) Every child and family shall have equal access to services regardless of race, religion, ethnicity, sexual orientation, disability, socio-economic status or gender”

    Policy:

    • Wyoming Department of Family Services
      Policy No. AHR – 3.15, HR Policies and Procedures 
      “As a recipient of Federal financial assistance, the Department of Family Services (DFS) does not exclude, deny benefits to, or otherwise discriminate against any person on the basis of race, color, national origin, sex, religion, disability, political beliefs or age in admission to, participation in, or receipt of the services and benefits of any of its programs and activities, whether carried out by DFS directly or through a contractor or any other entity with whom the DFS arranges to carry out its programs and activities.”
      https://docs.google.com/a/wyo.gov/viewer?a=v&pid=sites&srcid=d3lvLmdvdnxkZnN3ZWJ8Z3g6MWU0NmZiMjk1NzcxYjg2Mg
      [Link Currently Unavailable]
    • Non-Discrimination Statement – Wyoming Department of Family Services
      “In accordance with federal civil rights laws and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex (including gender identity and sexual orientation), religious creed, disability, age, political beliefs, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.”
      https://dfs.wyo.gov/non-discrimination-statement/

    PREA Policy:

    State Agency Website: http://dfsweb.wyo.gov/social-services OR https://dfs.wyo.gov/services/juvenile-services/

    Grievance Procedure:

    Ombudsman: None known.

    State Licensing and and Other Regulations in Out-of-Home Systems: https://lambdalegal.org/publication/us_20240801_state-licensing-regulations-in-out-of-home-systems/

Sex (or Gender) Protections Only

No Explicit Juvenile Justice-Specific Protections