Transcript The Impact of Negative Attitudes on LGBTQ Youth

Improving the Legal System’s
Response to LGBTQ Youth in the
Dependency System
Opening Doors Project
Webcast
October 11, 2007
Webcast objectives
To promote understanding
 Pathways of LGBT youth into out-of-home
care
 Understanding the Context
 Exploring Attitudes toward LGBTQ youth
 Practice implications for lawyers and judges
Youth participant at
Opening Doors Listening Forum
“Because of my status as being gay, I was often in
homes only for one day. I have been in 36 different
placements. One family I was with spoke
predominantly Spanish, and the father would use the
feminine form when addressing me.” –Denver
“I was in a religious foster home where it was not okay
for me to be gay. I had my own lockbox with my stuff
in it. They broke into one day when I was at school.
When I got home they had me all packed up:
because I was gay. I left town.” –Jacksonville
Youth participant at
Opening Doors Listening Forum
“The judges aren’t welcoming if they know you’re gay.
No one seemed interested in working with me.”–
Jacksonville
“The judge was patronizing and said ‘Oh, you’re gay
now?’ in front of everyone like he thought it was a
fad.” –Jacksonville
“I wanted to speak on my own behalf…but I did not get
to go [to court]. If you are not there, present, your
words can get twisted…I feel I was in foster care for
longer because of this woman. [GAL]” -- Denver
“I never got to go to court, I never even saw lawyers.” –
Jacksonville
Youth participant at CWLA/Lambda
Listening Forum
“I was placed in a co-ed group home. When I
was shown to my room, I asked why I was
being put on the boys’ floor. They said,
“You’re not a boy? Well, we can’t put you on
the girls’ floor looking like that.” So they
made me sleep on a couch on a landing
between the two floors.”
Who are LGBTQ youth in the
foster care system?
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Estimated that more than 4-10% of youth in state care are LGBTQ
identified
25-40% of homeless youth are LGBTQ
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High rates of substance abuse due to stigmatization
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Half of gay or bisexual young men forced out of their homes because of
sexual orientation engaged in prostitution to survive.
60 percent of gay and bisexual young men are substance abusers,
compared with less than 4 percent of youth population as a whole
30% of LGBTQ youth reported physical violence by family after
coming out
80% of LGBTQ students reported verbal harassment at school (70%
feel unsafe; 28% dropped out)

LGBTQ high school students three times more likely to report carrying a
weapon to school.
Why do we need to specifically target
efforts to assist LGBTQ youth in
the foster care system?
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70% LGBT youth in group homes reported violence based
on LGBTQ status
100% reported verbal harassment
78% removed or ran away from placement because of
hostility to LGBTQ status
Punished for expressing LGBTQ status
Not allowed to participate in programming
Told “you are going to hell”
Not allowed to dress or groom as they prefer
Gender identify is not respected
Why are we talking to attorneys and
judges?
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Making mistakes about a youth’s sex
because of unisex clothing, hairstyles or
androgynous appearance
Dealing with homophobic behavior of
attorneys and court personnel
Addressing expectations of parents
Safeguarding LGBTQ youth from being
prematurely “outed”
Why are we talking to attorneys and
judges?
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Increase awareness that lesbian, gay, bisexual, transgender,
and questioning (LGBTQ) youth exist on dependency
caseloads.
Improve representation for LGBTQ youth in the welfare system.
Provide information to the legal and judicial system regarding
the specific needs and services for LGBTQ youth in foster care.
Realize the need to address barriers to safety, reunification,
adoption, guardianship, placement with fit and willing relatives,
or other permanent living arrangements.
Realize the need to address risk factors common to LGBTQ
youth in the welfare system.
Develop advocacy tools to address LGBTQ youth’s needs.
ABA Code of Conduct
Competence
 Diligence
 Communication
 Confidentiality
 Advisor
 Misconduct - prejudice

The Impact of Negative Attitudes on
LGBTQ Youth
“Do you know how it feels? I mean I couldn’t
live at home with my own family because of
who I am and then to get treated like that by
people who are suppose(d) to be
professionals and deal with kids. I just don’t
think it’s fair. It’s just not right.” –Carl talking
about the adults in his life during foster care.
Impact of Negative Attitudes
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Confused and hurt by lawyers and judges who
ignored them or treated them disrespectfully
LGBTQ youth try different coping strategies with
poor outcomes
They hide their sexual orientation in fear of verbal
abuse
A youth’s image of the child welfare legal system
shouldn’t be an unwelcoming one
Projecting Positive Attitudes
Take time to analyze your attitude toward
LGBTQ youth to help change it
 Sometimes writing about your attitude helps
challenge biases you may have
 Creating a safe and trusting environment for
self-reflection about biases and sexual
identity promotes change

ABA Codes of Conduct
A Judge Shall Perform the Duties of Judicial
Office Impartially and Diligently
 It is professional misconduct for a lawyer to:
“engage in conduct that is prejudicial to the
administration of justice.”
 Lawyers and judges may think and believe
what they want, but those thoughts may not
impact the treatment clients and litigants
receive.

Riddle Scale
Riddle Homophobia Scale about
Lesbian/Gay/Bisexual Identity
 Four homophobic levels of attitudes about
LGB individuals: repulsion, pity, tolerance,
and acceptance
 Four positive levels: support, admiration,
appreciation, and nurturance

Positive Levels of Attitudes
Support: safeguard the rights of
gays/lesbians
Lawyers:
 Develop trusting relationships with your clients
 Advocate for your client to be in a safe setting, even
if you go against the recommendation of the child
welfare agency
 Know who in your community provides services in an
LGBTQ-affirming manner and advocate with the
agency and court for your client to receive these
services
 Become familiar with the laws protecting LGBTQ
youth
Support, cont.
Judges:
 Have resources available to share with LGBTQ youth, their
families, and lawyers
 Insist the agency care for the youth in an affirming way, if they
don’t, consider making a “no reasonable efforts” finding against
the agency
 Challenge the tendency to label age-appropriate sexual activity
as predator
 Avoid double standards for behavior between LGBTQ youth
and heterosexual sexually active youth
 Understand that LGBTQ youth are not mentally ill
How do I respect a youth’s privacy?
Don’t assume that everyone in the youth’s
life knows how he identifies
 Always ask before you disclose
 Let youth know if you can’t maintain
confidentiality
 Never discuss the youth’s sexual orientation
or gender identity without her permission
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Admiration: willing to truly examine
homophobic attitudes, values, and
behaviors
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Use gender neutral language when talking
with youth
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Ex. Ask about the youth’s “partners” or “important
relationships” in the youth’s life, romantic and
otherwise.
Use the youth’s name and pronoun of choice
and encourage the youth to dress as he or
she wishes
Transgender Youth
Community that is particularly vulnerable
 Many people are unaware of the challenges
facing transgender youth or their needs
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Judges and lawyers should ensure trans youth
receive medical services from qualified health care
practitioners knowledgeable about hormone
treatments and other pharmacological interventions
Appreciation: willing to combat
homophobia in themselves and others
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Display hate-free zone, rainbow flag or triangle signs
in your courtroom waiting area with other resources
or office
Speak out when you hear anyone make homophobic
or inappropriate anti-gay comments
Learn developmental needs of all young people,
including sexual development, and integrate LGBTQ
youth into this understanding
Judges should require staff training regarding the
treatment of LGBT youth
Nurturance: willing to be allies and
advocates for gays/lesbians
Lawyers:
 Visit your clients in their placements including in
LGBTQ group homes or get to know their friends
 Be available by cell phone or quickly returning calls
for anything your client wants to discuss
 Work with birth families to accept their children back
in their homes
 Understand and advocate for safe and healthy
services for transgender youth
Nurturance, cont.
Judges:
 Support the youth and his or her family
 Ensure the youth knows you are proud of
accomplishments and show understanding when
problems arise
 Educate colleagues on the importance of nurturing
all young people, including those who identify as
LGBTQ
 Promote the development of recreational programs
and opportunities for social interaction for LGBTQ
youth
For additional information feel free to
contact the presenters
 Mimi
Laver, JD
[email protected]
 Andrea
Khoury, JD
[email protected]