QLaw At-Risk Youth Project - Recently Updated Pages

Juvenile Offenders

mfalk — Mon, 09 Aug 2010 18:35:32 CDT

Professionals representing LGBTQ youth in the juvenile justice system must recognize the special risks presented by sexual orientation and gender identity in detention centers and the foster care system.

American Bar Association
The ABA's Opening Doors Project is aimed at helping legal professionals understand the risk factors for LGBTQ youth in the juvenile justice and foster care systems. There are a number of resources for legal professionals representing LGBTQ youth in the juvenile justice system, including training materials and publications on representing LGBTQ youth. http://www.abanet.org/child/lgbtq.shtml

Equity Project
The Equity Project has compiled a list of resources and training materials for LGBTQ youth in the juvenile justice system, including fact sheets on civil rights, defending LGBTQ youth, advocacy guidelines for youth in the foster care and juvenile justice systems and useful cases mandating equality or other accommodations for LGBTQ youth in placement centers. There is also a listserv for juvenile justice professionals interested in issues relating to LGBTQ youth. http://www.equityproject.org/resources.html

Child Welfare League/Legal Services for Children
The Child Welfare League of America created a Best Practices Manual for juvenile justice professionals to support the development of policies and procedures governing the care of LGBTQ youth in the juvenile justice system and to develop training guidelines for facility personnel and caregivers. http://www.lsc-sf.org/publications/bestpracticeslgbtyouth.pdf

Foster Care Resources

jlmul — Wed, 07 May 2008 18:33:13 CDT

Foster Care Generally in Washington State

Children's Alliance- http://www.childrensalliance.org/childfacts/fostercare.cfm (Children’s Alliance’s is an advocacy organization that works is to improve the well being of children by effecting positive changes in public policies, priorities, and programs. They also provide facts about children, including information about foster care.)
Braam Oversight Panel - http://www.wsipp.wa.gov/braampanel/

Braam Oversight Panel resulted form litigation regarding the foster care system in Washington. The panel has the responsibility to collaborate with Washington’s Dept. of Social and Health Services (http://www1.dshs.wa.gov/) and the plaintiffs to develop outcomes, benchmarks and action steps in six specific areas: stable placements, mental health services, foster parent training and support, unsafe or inappropriate placements, separation of siblings when placed in out-of-home care, services for adolescents.

Casey Family Programs - http://www.casey.org/AboutCasey/

Casey Family Programs’ mission is to provide and improve—and ultimately to prevent the need for—foster care. They do this by providng direct services, and promoting advances in child-welfare practice and policy.
This website provides a lot of information about foster care issues and has a lot of info on racial and ethnic diversity, but doesn't seem to have anything on LGBT youth
Also provides a host of links to other resources.

DSHS – Children’s Administration – Resources for Foster Parents - http://www1.dshs.wa.gov/ca/fosterparents/

Provides a monthly newsletter, crisis-line support lines for foster parents, and other resources for foster parents.
Links to parenting resources and laws & rules

Foster Care Alumni of America - Provides college scholarships and mentoring to low-income, high-potential students.
College Success Foundation
Independence for Foster Youth - Provides information on preparing for college, paying for college, jobs and housing.
YMCA Transitional Housing -Provides youg adults who have experienced foster care or homelessness with resources and skills to move toward indepence.
Foster Care Alumni - The mission of Foster Care Alumni of America is to connect the alumni community and to transform policy and practice, ensuring opportunity for people in and from foster care.Their vision is to ensure a high quality of life for those in and from foster care through the collective voice of alumni.
Seattle P–I Series on Foster Care -This is an indepth series on the foster care system in Washington. Article headlines include:

Washington State Mentors - Promotes and supports quality mentoring, fostering positive youth development and academic success while increasing awareness of an participation in mentoring.

Foster Care Resources Nationally

American Bar Association Openingin Doors: Improving the Legal System's Approach to LGBTQ Youth in Foster Care Project - http://www.abanet.org/child/lgbtq.shtml

The Opening Doors Project aims to:

Increase the legal community’s awareness of LGBTQ youth in foster care and the unique issues they face, and

Provide the legal community with advocacy tools to successfully represent these youth

The ABA sight provides information on training, publications, resources, and research

National Voice of Foster Parent Association - http://www.nfpainc.org/

NFPA strives to support foster parents, and remains a consistently strong voice on behalf of all children.
On the LGBT issues, NFPA has published the following position statements

118.05 Gay, Lesbian, Bisexual, Transgender & Questioning Youth

Whereas, the basic mission of child welfare services is to safeguard children from harm and to act in their best interest, and
Whereas, through the use of foster care, states provide a temporary safe haven for children whose parents are unable to care for them, and
Whereas, recognizing that when children are moved from their homes and placed in foster care, their world is thrown off balance and they may experience feelings such as being scared, ashamed and nervous about the unknown, and
Whereas, foster parents, group homes, youth shelters, and institutional residences help ease and restore balance to the child's world by comforting the child, determining needs, taking steps to meet those needs, providing support, and love, and
Whereas, it is crucial that child welfare agencies develop plans to assure safe and proper care consistent with the child's best interest and special needs, it is also crucial that child welfare agencies establish standards, policies, and training programs to protect all foster children and youth including gay, lesbian, bisexual, transgender and questioning youth, and
Be it resolved that the National Foster Parent Association acknowledges gay, lesbian, bisexual, transgender and questioning youth are present in the foster care system and encourages and supports establishment of standards, policies, and training programs for foster care providers and professionals based on non-discrimination principles and sensitivity to the sexual orientation of all foster children and youth.

119.05 The John H. Chafee Foster Care Independence Program

Whereas, the basic mission of child welfare services is to safeguard children from harm and to act in their best interest, and
Whereas, through the use of foster care, states "provide a temporary safe haven for children whose parents are unable to care for them", and
Whereas, recognizing that when children are moved from their homes and placed in foster care, their world is thrown off balance and they may experience feelings such as being scared, ashamed and nervous about the unknown, and
Whereas, foster parents, group homes, youth shelters, and institutional residences help ease and restore balance to the child's world by comforting the child, determining needs, taking steps to meet those needs, providing support, and love, and
Whereas, it is crucial that child welfare agencies develop plans to assure "safe and proper care" consistent with the "child's best interest and special needs", it is also crucial that child welfare agencies establish standards, policies, and training programs to protect all foster children and youth including gay, lesbian, bisexual, transgender and questioning youth, and
Be it resolved that the National Foster Parent Association acknowledges gay, lesbian, bisexual, transgender and questioning youth are present in the foster care system and encourages and supports establishment of standards, policies, and training programs for foster care providers and professionals based on non-discrimination principles and sensitivity to the sexual orientation of all foster children and youth.

Sylvia Rivera Law Project - http://www.srlp.org/newsletter/v1n1/fostercare.html

This link is to an article about a case were the court overturned a foster care dress code that did not allow trans youth to dress according to their

Laws (Statutes, WACs, Cases)

jlmul — Thu, 01 May 2008 12:32:41 CDT

Foster Care Law: Statutes and Case Law
Federal Law
Adoption and foster care laws are statutorily based. States must comply with standards set forth in several federal statutes to be eligible for some forms of federal funding.[1] The federal foster care statute requires restrictions on disclosure of information regarding the following: children assisted by the plan, reporting of abuse, health and safety standards for foster homes, a focus on the health and safety of the child, reasonable efforts be made for the preservation or reunification of families, permanent placement timeliness, abandonment, a preference for a placement with a relative, criminal record checks on prospective foster parents, and preparation for prospective foster parents.[2] State foster plans must be approved by the federal Security of Health and Human Services. [3] Congress amended the Adoption Assistance and Child Welfare Act of 1980 by enacting the Adoption and Safe Families Act of 1997, which recognized that children were enrolled in the foster care system for extended lengths of time and that the intended temporary nature of the foster care system was not a reflection of reality. The 1997 Act puts less emphasis on efforts of biological parents’ rights and instead pushes for adoption proceedings.[4]

Washington State Law
Statutes and Regulations:
In Washington, the RCW that provides the legal basis for the foster care program is
RCW 74.13.020, which authorizes the department to provide foster care placement services. Pursuant to the RCW, child welfare services shall be defined as public social services including adoption services which strengthen, supplement, or substitute for, parental care and supervision.
The bulk of the details of the foster care system can be found in the Washington Administrative Codes (WAC). The relevant WACs are under section 388-25. The WACs provide rules and guidance on a wide array of issues like placement authorization and payment, parental support obligation, administrative hearings, foster parent training, child placing agencies, relative placement, family supports and relationships.

Cases:
There are no cases that are directly on point for the issues facing LGBT youth. For example, placement is a serious issue of LGBT youth. Many LGBT youth are placed in out-of-home placements where they are discriminated because of the sexual orientation or gender identity. This discrimination can include attempts to send the child to conversion therapy, verbal or physical assault, refusing to allow the child to participate in after school activities or to socialize with the youth's peers. There is no case law that discusses whether CPS must move the child to a non-discriminatory placement. There is also no case law that addresses whether a judge may step in if CPS is unresponsive to the child's needs and order a specific placement.

Below is a listing of Federal and State Laws and Administrative Codes that relate to foster care
As of April 23, 2008

Statue	Details
Federal
42 U.S.C. § 671(a)(15)(B) The Adoption and Safe Families Act	Requires state plans for foster care and adoption assistance make "reasonable efforts… to preserve and reunify families (i) prior to placement of a child in foster care, to prevent or eliminate the need for removing the child from the child's home; and (ii) to make it possible for a child to safely return to the child's home."
State
RCW 74.13.020	As used in Title 74RCW, child welfare services shall be defined as public social services including adoption services which strengthen, supplement, or substitute for, parental care and supervision for the purpose of, inter alia:Protecting and caring for dependent or neglected children and protecting and promoting the welfare of children, including the strengthening of their own homes where possible, or, where needed; providing adequate care of children away from their homes in foster family homes or day care or other child care agencies or facilities. As used in this chapter, child means a person less than eighteen years of age.
RCW 74.13.031	This statute outlines the duties of the Department of Child and Welfare services, including, but not limited to, recruiting foster parents, investigating complaints, and monitoring out-of-home placements.


Washington Administrative Code
PART A:	GENERAL
388-25-0005	What is the legal basis for the foster care program?
388-25-0010	What definitions apply to the foster care program?
PART B:	PLACEMENT AUTHORIZATION AND PAYMENT
388-25-0015	What are the department's placement priorities?
388-25-0018	What is the agency's goal as to the maximum number of children who remain in foster care in excess of twenty-four months?
388-25-0020	What are the department's limitations on placement?
388-25-0025	When may the department or a child placing agency authorize foster care placement?
388-25-0030	When may the department serve a child through a behavior rehabilitation services program?
388-25-0035	What is the department's authority to remove a child from a behavior rehabilitation services placement?
388-25-0040	How long may a child served by the department remain in out-of-home placement before a court hearing is held?
388-25-0045	Under what circumstances may a parent sign a consent for voluntary placement of a child in foster care with the department?
388-25-0050	What must a parent do to place the child in foster care with the department?
388-25-0055	How long may a voluntary placement last with the department?
388-25-0060	May the department grant an exception to the length of stay in voluntary placement?
388-25-0065	What are the department's placement procedures for an infant residing in foster care with the infant's teen parent?
388-25-0070	When does the department authorize foster care payments?
388-25-0075	To whom does the department make payment for foster care?
388-25-0080	Are dependency guardians who are licensed foster parents able to receive payment from more than one source?
388-25-0085	What happens if the dependency guardian receives payments from more than one source?
388-25-0090	What are the department's expectations for foster care providers to whom the department makes reimbursement for services?
388-25-0095	What are the requirements for release of foster parents' care records?
388-25-0100	What are the department's responsibilities regarding financial assistance to support children in the department's foster homes and child placing agency foster homes?
388-25-0105	What is the effective date for payment of foster care?
388-25-0110	What is the effective date for termination of foster care payments?
388-25-0115	What are the department's general standards for family foster care reimbursement?
388-25-0120	What is the department's reimbursement schedule for regular family foster care?
388-25-0125	When may the department authorize a clothing allowance for a child in out-of-home care?
388-25-0130	What are the standards for use and reimbursement of receiving home care?
388-25-0135	What are the types of receiving homes and what children are served in them?
388-25-0140	Who decides on the number of receiving homes needed in an area?
388-25-0145	How long may a child stay in a receiving home?
388-25-0150	What are the rates for reimbursement to receiving home providers?
388-25-0155	How are rates authorized for reimbursement to receiving home providers?
388-25-0160	What are the reimbursement standards for payments above the basic foster care rate?
388-25-0170	What other services and reimbursements may be provided for the support of children placed in foster care by the department?
388-25-0175	Under what circumstances may the department provide foster care for educational purposes?
388-25-0180	Under what circumstances may the department provide reimbursement for foster care if the child is temporarily absent from the foster home or facility?
388-25-0185	May the department consider foster care payments to the foster family in determining eligibility for public assistance?
388-25-0190	What are the department's standards for making foster care payment to a relative providing care to the child served by department?
388-25-0195	How does the department make reimbursement for foster care for a child served by the department who moves out-of-state with the foster family?
388-25-0200	What payment procedures must the department follow for children placed across state borders?
388-25-0205	How does the department treat the earnings of a child in foster care?
388-25-0210	How does the department treat resources and unearned income of a child in foster care?
PART C:	PARENTAL SUPPORT OBLIGATION
388-25-0215	What is the parents' obligation to support their child in foster care?
388-25-0220	Who has authority to recommend or negotiate amounts for parental participation in the cost of foster care?
388-25-0225	What cases must be referred to the division of child support (DCS)?
388-25-0226	Does children's administration refer foster care cases to the division of child support where good cause exists?
388-25-0227	What constitutes good cause for not pursuing the collection or establishment of child support or paternity?
388-25-0228	Does the division of child support pursue collection or establish child support or paternity on cases in which good cause has been determined?
388-25-0229	Who may request a good cause determination?
388-25-0231	When may a good cause determination be requested?
388-25-0235	To whom must parents' send child support payments for their child in foster care?
388-25-0240	Under what circumstances must child care judgment and limited power of attorney for parental support payments be assigned to the department?
PART D:	VETERANS' BENEFITS
388-25-0245	Who receives veterans' benefits for children in foster care?
PART E:	ADMINISTRATIVE HEARINGS
388-25-0250	What limitations exist on administrative hearings regarding foster care payments?
388-25-0255	What standards must the department apply to contracted and noncontracted service providers and vendors when the department has identified an overpayment to the provider or vendor?
388-25-0260	Do vendor overpayment rules in this chapter also apply to adoptive parents?
388-25-0265	Are there time limitations on identifying and recovering an overpayment?
388-25-0270	May overpayments be waived or forgiven?
388-25-0275	Do other governmental organizations have the right to an adjudicative hearing?
388-25-0280	What steps must a provider or vendor take when requesting an administrative hearing in regards to an overpayment?
388-25-0285	When is payment due on an overpayment?
388-25-0290	Which is the deciding authority if another WAC rule or the provisions of the Administrative Procedure Act conflict with the information in this chapter?
388-25-0295	Who establishes guidelines to identify overpayments and to mediate overpayment disputes?
PART F:	FOSTER PARENT LIABILITY FUND
388-25-0300	What is the foster parent liability fund?
388-25-0305	What is the period of coverage for foster parent liability fund?
388-25-0310	Who is eligible for coverage under the foster parent liability fund?
388-25-0315	What are the limits of coverage under the foster parent liability fund?
388-25-0320	The department excludes what claims from coverage under the foster parent liability fund?
388-25-0325	What if there are multiple claims for one occurrence under the foster parent liability fund?
388-25-0330	May another source be used to recover on the same claim paid by the liability fund?
388-25-0335	What are the department's authority and the foster parent's responsibilities regarding investigation of claims?
PART G:	FOSTER PARENTS PROPERTY DAMAGE REIMBURSEMENT
388-25-0340	What are the department's responsibilities and limitations for reimbursement for damage or loss caused by a child in family foster care?
388-25-0345	What are the eligibility requirements for reimbursements to foster parents for damages?
388-25-0350	What are the department's reimbursement limitations?
388-25-0355	What types of claims are specifically excluded from reimbursement?
388-25-0360	What is the procedure for filing a claim?
388-25-0365	Which office within the department determines damage reimbursement?
388-25-0370	How are exception requests made?
388-25-0375	What claims may the department deny?
388-25-0380	What must a foster parent do to have a denied claim reconsidered?
388-25-0385	Will the department investigate claims?
PART H:	FOSTER PARENT TRAINING
388-25-0390	What are the training requirements for licensed foster parents?
PART I:	JUVENILE RECORDS
388-25-0395	What are the department's responsibilities for management of juvenile records?
388-25-0400	To whom may the department release records?
388-25-0405	Under what circumstances may the department exclude or deny information from release unless authorized by law or court order?
388-25-0410	What may a juvenile or the juvenile's parent do if the department denies access to information?
PART J:	CHILD PLACING AGENCIES
388-25-0415	What are the department's expectations for child placing agencies (CPA) to which the department makes reimbursement for services or administrative costs?
388-25-0420	What steps must the department take when a child whose case management responsibility remains with the department is placed in a home certified by a CPA?
388-25-0425	What activities must a child placing agency provide in order to receive payment from the department?
388-25-0430	Under what conditions and how much will the department reimburse to child placing agencies licensed or certified under chapter 74.15 RCW to provide care to children?
388-25-0435	What steps may the department take if a child placing agency does not meet the requirements of this chapter?
PART K:	INTERSTATE PLACEMENTS
388-25-0440	What are the department's obligations regarding children placed by the department between states?
PART L:	RELATIVE PLACEMENT
388-25-0445	Under what circumstances does the department choose a relative as the placement for a child in need of out-of-home care?
388-25-0450	Under what circumstances may a relative not be considered as a placement option for a child?
388-25-0455	What sources of financial support are available to a relative caring for a child that the department has placed in the relative's home?
FAMILY SUPPORTS AND RELATIONSHIPS
388-25-0460	How does the department treat relatives of specified degree with legally free children?
STATE SUPPLEMENTARY PAYMENT PROGRAM
388-25-1000	What is the state supplementary payment (SSP) that is administered by the children's administration (CA)?
388-25-1010	What are the eligibility requirements for the CA/SSP program?
388-25-1020	When will my eligibility for CA/SSP be determined?
388-25-1030	How will I know if I am eligible to receive a CA/SSP payment?
388-25-1040	Can I apply for the CA/SSP program if I am not identified by CA as eligible for the CA/SSP program?
388-25-1050	What are my appeal rights if CA determines that I am not eligible for CA/SSP?

[1] Melinda Coolidge, Eight Annual Review of Gender and Sexuality Law: Family Law Chapter: Adoption and Foster Care, 8 Geo. J. Gender & L. 583, 603-4 (2007).

[2] Coolidge, Id, at 404.

[3] Coolidge, Id.

[4] Kurtis A. Kemper, J.D., Construction and Application by State Courts of the Federal Adoption and Safe Families Act and Its Implementing State Statutes, 10 A.L.R.6th 173 (2006).

Additional Publications

jlmul — Thu, 01 May 2008 00:51:32 CDT

Lambda Legal, Youth at the Margins Report (2001), http://www.lambdalegal.org/our-work/publications/page.jsp?itemID=32009148

Colleen Sullivan et al., Youth in the Margins: A Report on the Unmet Needs of Lesbian, Gay, Bisexual, and Transgender Adolescents in Foster Care (2001), http://www.lambdalegal.org/binary-data/LAMBDA PDF/pdf/25.pdf.

Jody Marksamer & Dylan Vade, Transgender and Gender Non-Conforming Youth Recommendations for Schools, http://www.hawaii.edu/hivandaids/Transgender and Gender Nonconforming Youth Recommendations for Schools.pdf

Am. Council of Chief Defenders, Nat'l Juvenile Defender Ctr., Ten Core Principles for Providing Quality Delinquency Representation Through Indigent Defense Delivery Systems (2005), http://www.njdc.info/pdf/10 Principles.pdf.

Human Rights Watch, Hatred in the Hallways: Violence and Discrimination Against Lesbian, Gay, Bisexual and Transgender Students in U.S. Schools (2001), http://www.hrw.org/reports/2001/uslgbt/toc.htm.

American Bar Association Center on Children and the Law, Opening Doors/LGBTQ Youth in Foster Care Project, http://www.abanet.org/child/lgbtq.shtml

Foster Care

jlmul — Thu, 01 May 2008 00:45:20 CDT

It is undeniable that being gay, lesbian, bisexual, and/or transgender is easier today than at any point in history. Despite the greater representations in the media and the availability of online resources, being an LGBT youth is still hard, sometimes even dangerous. This is especially true for the LGBT youth in foster care.

Basics About Foster Care[1]
Foster care is a system where the state, for various reasons takes legal custody of a child, for what will theoretically be a temporary time, but the child still ‘legally’ belongs to the parents.[2] There are many problems that plague the foster care system nationally. Despite the fact that foster care is envisioned as a temporary solution to provide short-term care for children while their parents address the issues that have made them temporarily unable to care for their children, children in foster care remain in the system for years and average three different placements.[3]

There are more than 500,000 children in foster care nationally.[4] In Washington state, the there were almost ten thousand children in out-of-home care during 2006.[5] The majority of children in foster care are from poor families, and they are disproportionately African-American. [6] There is also a shortage of individuals who are willing to become foster parents, and high turnover among those who administer state programs.[7] Of those who are foster care parents, a disproportionate number are highly religious, and often their religious convictions hold that LGBT people are immoral or engaging in sinful behaviors.

Children enter foster care for various reason, but many LGBT youth enter foster care because of their sexual or gender identity. For example, a 1989 study found that 26% of LGBT youth were forced to leave their families of origin because of conflicts with their parents regarding their sexual orientation or gender identity.[8] LGBT youth represent at least 5 to 10% of the adolescents in the foster care system.[9] When they enter the foster care system, there are often subjected to continued discrimination, harassment, and abuse. This helps explain why the LGBT homeless population is so large, specifically in Seattle 40% of homeless youth are estimated to be lesbian or gay.[10]

This wiki links related to foster care hope to provide information on the unique issues faced by LGBT youth and provides information about the laws and possible legal approaches to addressing the needs of GLBT youth in the foster care system. In addition, we have provided resources such as a listing of law reviews many with a summary of the law review, that discuss the issue of foster care and LGBT youth. There is also a link to organizations that provide information and resources for LGBT youth and foster care parents.

LGBT Foster Care Issues
One of the problems with the foster care system is that many of the organizations are faith-based organizations and many of the parents are highly religious.[11] These organizations have specific opinions about homosexuality. The agencies, through their employees, end up imposing those views on the children, and in the employees' minds, rightfully so.

Like LGBT adolescents not in foster care, youth face who are labeled by their peers as LGBT face harassment. LGBT youth experience:

Systematic patterns of abuse, including taunting from staff, inappropriate “conversion” therapies, and tolerance for slurs, violence, and sexual harassment in the foster care setting, with transgender youth facing a particular risk of discrimination, harassment, and violence.[16]

Harassment in the form of name calling, bullying, and more.[12]
The possibility of losing friends.
Many LGBT youth face the fear of losing their family and, some of the LGBT youth in foster care are there because of their families reaction their sexuality.[13] They must then re-live the re-live this fear of the impact of disclosing their sexuality or gender identity will have in every new placement.[14]
LGBT Youth are at a higher risk for dropping out of school, suicide, substance abuse, violence, HIV, homelessness, and prostitution.[15]
LGBT youth reported systematic patterns of abuse, including taunting from staff, inappropriate “conversion” therapies, and tolerance for slurs, violence, and sexual harassment in the foster care setting, with transgender youth facing a particular risk of discrimination, harassment, and violence.[16]

School can be particularly hard for youth perceived to be LGBT, many students suffering from a form of post-traumatic stress syndrome that affects schoolwork.[17] Often youth face years of indignity until they are finally able to drop-out. Even those not perceived to be LGBT suffer, from witnessing or participating in harassment of other LGBT peers.

Within the Child Welfare System LGBT youth also face many issues specific to their (perceived or self-identified) sexual orientation or gender identity. LGBT youth come in the foster care system come from all races, economic levels, religions, and communities.[18] Some LGBT youth are in the foster care because of parental rejection.[19] Regardless of the reason a youth enters the foster care system, many may feel compelled to keep their sexual or gender identity a secret out of fear of homophobic and fearful reactions.[20]

Group homes also create particular problems for trans adolescents as many are segregated by gender and there is a lack of understanding or sensitivity for trans individuals. LGBT youth in group homes face many of the same harassment issues that LGBT youth face in school, although to a heightened degree due to the heightened level of vulnerability one experiences where the live (i.e., being harassed and bullied in the middle of the night, in the shower, and other places where one would otherwise expect to have a heightened level of privacy and safety) at the hands of their peers or the staff.

It is interesting to note that California is the first, and as of April 2008, the only state to have passed a Foster Care Nondiscrimination Act, which went into effect on January 1, 2004.[21] The Act provides that LGBTQ foster children, foster parents, and service providers have right to equal access to all services, placement, care, treatment, and benefits of the foster care system, without discrimination or harassment on the basis of (among other things) sexual orientation, gender identity, or HIV status.[22] The Act also requires training for group home administrators, foster parents, and department licensing person on the right of LGBTQ foster children to have fair and equal access to all available services without harassment or discrimination on the basis of actual or perceived sexual orientation or gender identity.[23]

-----------------------------------------End Notes------------------------------------------------------

[1] Because this is a wiki and people may come in and edit at any time, instead of using the tradition “Id.” type citation when citing an article again, I have chosen to use a full citation each time to ensure regardless of the editing, the source of the information can be clearly understood.

[2] Melinda Coolidge, Eight Annual Review of Gender and Sexuality Law: Family Law Chapter: Adoption and Foster Care, 8 Geo. J. Gender & L. 583, 600 (2007).

[3] Melinda Coolidge, Eight Annual Review of Gender and Sexuality Law: Family Law Chapter: Adoption and Foster Care, 8 Geo. J. Gender & L. 583 (2007).

[4] AFCARS data, U.S. Children's Bureau, Administration for Children, Youth and Families, Trends in Foster Care and Adoption—FY 2002-FY 2006, http://www.acf.hhs.gov/programs/cb/stats_research/afcars/trends.htm

[5] DSHS Children’s Administration, 2006 Administrative Performance Report Survey, http://www1.dshs.wa.gov/pdf/ca/06Report2Intro.pdf

[6] Melinda Coolidge, Eight Annual Review of Gender and Sexuality Law: Family Law Chapter: Adoption and Foster Care, 8 Geo. J. Gender & L. 583 (2007).

[7] Melinda Coolidge, Eight Annual Review of Gender and Sexuality Law: Family Law Chapter: Adoption and Foster Care, 8 Geo. J. Gender & L. 583 (2007).

[8] Rudy Estrada and Jody Marksamer, Lesbian, Gay, Bisexual, and Transgender Young People in State Custody: Making the Child Welfare and Juvenile Justice Systems Safe for all Youth Through Litigation, Advocacy, and Education, 79 Temp. L. Rev. 415, 418 (2006).

[9] Anne Tamar-Mattis, Implications of AB 458 for California LGBTQ Youth in Foster Care, 14 Law & Sex. 149, 149 (2005).

[10] James W. Gilliam, Jr., Social Justice in the 21st Century: Towards Providing a Welcome Home for All: Enacting a New Approach to Address the Longstanding Problems Lesbian, Gay, Bisexual, and Transgender Youth Face in the Foster Care Legal System, 37 Loy. L.A. L. Rev. 1037, 1040 (2004).

[11] Jenny Casciano et al., Symposium Proceedings: Client-Centered Advocacy on Behalf of At-Risk LGBTQ Youth, 26 N.Y.U. Rev. L. & Soc. Change 221, 231 (2001).

[12] Miriam Aviva Friedland, Too Close to the Edge: Lesbian, Gay, Bisexual and Transgender Youth in the Child Welfare System, 3 Geo. J. Gender & L. 777 (2002).

[13] Miriam Aviva Friedland, Too Close to the Edge: Lesbian, Gay, Bisexual and Transgender Youth in the Child Welfare System, 3 Geo. J. Gender & L. 777 (2002).

[14] Miriam Aviva Friedland, Too Close to the Edge: Lesbian, Gay, Bisexual and Transgender Youth in the Child Welfare System, 3 Geo. J. Gender & L. 777 (2002).

[15] Miriam Aviva Friedland, Too Close to the Edge: Lesbian, Gay, Bisexual and Transgender Youth in the Child Welfare System, 3 Geo. J. Gender & L. 777 (2002).

[16] Anne Tamar-Mattis, Implications of AB 458 for California LGBTQ Youth in Foster Care, 14 Law & Sex. 149 (2005).

[17] Miriam Aviva Friedland, Too Close to the Edge: Lesbian, Gay, Bisexual and Transgender Youth in the Child Welfare System, 3 Geo. J. Gender & L. 777 (2002).

[18] Miriam Aviva Friedland, Too Close to the Edge: Lesbian, Gay, Bisexual and Transgender Youth in the Child Welfare System, 3 Geo. J. Gender & L. 777, 791 (2002).

[19] Miriam Aviva Friedland, Too Close to the Edge: Lesbian, Gay, Bisexual and Transgender Youth in the Child Welfare System, 3 Geo. J. Gender & L. 777 (2002).

[20] Miriam Aviva Friedland, Too Close to the Edge: Lesbian, Gay, Bisexual and Transgender Youth in the Child Welfare System, 3 Geo. J. Gender & L. 777, 801 (2002).

[21] Anne Tamar-Mattis, Implications of AB 458 for California LGBTQ Youth in Foster Care, 14 Law & Sex. 149 (2005)

[22] Anne Tamar-Mattis, Implications of AB 458 for California LGBTQ Youth in Foster Care, 14 Law & Sex. 149 (2005)

[23] Anne Tamar-Mattis, Implications of AB 458 for California LGBTQ Youth in Foster Care, 14 Law & Sex. 149 (2005)

Queer/Straight Alliances in Public Schools

jlmul — Wed, 30 Apr 2008 23:51:13 CDT

Because of federal law and First Amendment jurisprudence, it is very difficult for a school to discriminate against the formation of a Queer/Straight Alliance. There are two main sources of law which the denial of the formation of a QSA are challenged under: the Equal Access Act,20 U.S.C. § 4071, et, seq. and the First Amendment. The Equal Access Act prohibits public schools from discriminating among noncurriculum related student clubs based on their speech content.
In plain language, if a school allows one noncurriculum based club to meet, they cannot deny any other club from meeting based on the content of the clubs speech. More specifically, the EAA was essentially created by a conservative Congress to make sure that religious based clubs would be allowed to use school resources to meet, however, the openness requirement has proven to be advantageous to QSAs claiming a right to meet. Essentially if a school receives federal fund and maintains a limited open forum (a term of art under the EAA, not to be confused with the similar term of art under the First Amendment of a limited public forum), a school cannot deny equal access to its facilities based on speech content. In order to prove a limited open forum under the EAA a plaintiff needs to find only one noncurriculum based club/organization to meet on school grounds. 20 U.S.C. § 4071(b) (2006).
It is unclear how exactly the EAA and the First Amendment differ in this area, but under the First Amendment, one must first do a forum analysis.
The forum analysis is used as a means of determining when the government’s interest in limiting the use of its property to its intended purpose outweighs the interest of those wishing to use it for another purpose. Cornelius v. NAACP Legal Def. & Educ. Fund, Inc., 473 U.S. 788, 800 (1985). The initial step in a First Amendment analysis is to determine the type of forum. Id. In Arkansas Educational Television Commission v. Forbes, 523 U.S. 666 (1988), this Court outlined three types of public forums: the traditional public forum (streets and parks), the public forum created by government designation, and the nonpublic forum. 523 U.S. at 677. A school will never be a public forum, which has the greatest protection for free speech. Thus the question in regards to a school is whether they have created a designated public forum/limited public forum or whether they have restricted access to the school in such a way as to maintain a nonpublic forum.
When the government has intentionally designated a place or means of communication as a public forum, speakers cannot be excluded without a compelling government interest. Cornelius, 473 U.S. 788, 800 (1985). In Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988), the Supreme Court reiterated that school facilities may be deemed public forums only if school authorities have "by policy or by practice" opened those facilities for indiscriminate use by some segment of the public such as student organizations. If the facilities have instead been reserved for other intended purposes, "communicative or otherwise," then no public forum has been created, and school officials may impose reasonable restrictions on the speech of students. Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).
Under a First Amendment analysis, the school's policy for allowing organizations to meet at school will be scrutinized. If the policy generally allows student organizations to meet with little or no connection to curriculum, or if they encourage the creation of student organizations, they will have created a limited public forum and then they will have to establish that the reason the rejected club was denied serves an important government objective and is narrowly tailored to meet that requirement (it's essentially an intermediate review constitutional analysis).

Below are some relevant cases discussing student speech rights, the EAA, the First Amendment, or QSAs.

Federal Cases

Arkansas Educational Television Commission v. Forbes, 523 U.S. 666 (1988)

Bethel Sch. Dist. No. 403 v. Fraser, 478 U.S. 675 (1986) - Important First Amendment Case

Board of Education of Westside Community Schools v. Mergens, 496 U.S. 226 (1990) - Important EAA case

Boyd County High Sch. Gay Straight Alliance v. Bd. of Educ., 258 F. Supp. 2d 667 (E.D. Kan. 2003)

Caudillo v. Lubbock Indep. Sch. Dist., 311 F. Supp. 2d 550 (N.D. Tex. 2004).

Cornelius v. NAACP Legal Def. & Educ. Fund, Inc., 473 U.S. 788, 800 (1985)

East High Gay/Straight Alliance v. Bd. of Educ. of Salt Lake City Sch. Dist., 81 F. Supp. 2d 1166 (D. Utah 1999)

Gay-Straight Alliance of Okeechobee High Sch. v. Sch. Bd., 483 F. Supp. 2d 1224 (S.D. Fla. 2007)

Greer v. Spock, 424 U.S. 828 (1976)

Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988)- Important First Amendment Case

Lawrence v. Texas, 539 U.S. 558 (2003)

Morse v. Frederick, 127 S. Ct. 2618 (2007) (also known as the Bong Hits for Jesus Case)

Perry Education Association v. Perry Local Educators' Association, 460 U.S. 37 (1982) - Important First Amendment Case

Pope v. E. Brunswick Bd. of Educ., 12 F.3d 1244 (3d Cir. 1993)

Shanley v. Northeast Indep. Sch. Dist., Bexar County, 462 F.2d 960 (5th Cir. 1972)

Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503 (1969)- Important First Amendment Case

Vernonia Sch. Dist. 47J v. Acton, 515 U.S. 646 (1995)

Widmar v. Vincent, 454 U.S. 263 (1981)- Important First Amendment Case

At Risk Youth Education

jlmul — Wed, 30 Apr 2008 22:11:12 CDT

Please feel free to add information on the following topics:

School Discipline
Harassment and Anti-Bullying
Access to Education
Proms and PDAs
Privacy
GSAs
Scholarships
Other Resources

Law Review Articles About Foster Care

jlmul — Thu, 24 Apr 2008 01:45:48 CDT

Law Review Articles of Interest (* Indicates summary of the law review article is provided below)

*Jenny Casciano et al., Symposium Proceedings: Client-Centered Advocacy on Behalf of At-Risk LGBTQ Youth, 26 N.Y.U. Rev. L. & Soc. Change 221, 231 (2001)

*Melinda Coolidge, Eight Annual Review of Gender and Sexuality Law: Family Law Chapter: Adoption and Foster Care, 8 Geo. J. Gender & L. 583 (2007).

*Rudy Estrada and Jody Marksamer, Lesbian, Gay, Bisexual, and Transgender Young People in State Custody: Making the Child Welfare and Juvenile Justice Systems Safe for all Youth Through Litigation, Advocacy, and Education, 79 Temp. L. Rev. 415 (2006).

*Barbara Fedders, Coming Out for Kids: Recognizing, Respecting, and Representing LGBTQ Youth, 6 Nev. L.J. 774 (2006) (Discusses terminology related to sexual orientation and gender identity, the plight of LGBT youth in the criminal justice system and the foster care system, and provides recommendations for lawyers.)

*Miriam Aviva Friedland, Too Close to the Edge: Lesbian, Gay, Bisexual and Transgender Youth in the Child Welfare System, 3 Geo. J. Gender & L. 777 (2002).

* James W. Gilliam, Jr., Social Justice in the 21st Century: Towards Providing a Welcome Home for All: Enacting a New Approach to Address the Longstanding Problems Lesbian, Gay, Bisexual, and Transgender Youth Face in the Foster Care Legal System, 37 Loy. L.A. L. Rev. 1037 (2004)
*Sonia Renee Martin, A Child's Right to be Gay: Addressing the Emotional Maltreatment of Queer Youth, 48 Hastings L.J. 167 (1996).

*Nancy D. Polikoff, Resisting "Don't Ask, Don't Tell" in the Licensing of Lesbian and Gay Foster Parents: Why Openness Will Benefit Lesbian and Gay Youth, 48 Hastings L.J. 1183 (1997).

Teemu Ruskola, Minor Disregard: The Legal Construction of the Fantasy that Gay and Lesbian Youth Do Not Exist, 8 Yale J.L. & Feminism 269 (1996).

Dean Spade, Resisting Medicine, Re/Modeling Gender, 18 Berkeley Women's L.J. 15, 34-37 (2003). (For a thorough and thoughtful exploration of the strategic usefulness yet theoretically problematic nature of using GID as a basis on which to make claims for transgender people)

Colleen A. Sullivan, Kids, Courts, and Queers: Lesbian and Gay Youth in the Juvenile Justice and Foster Care Systems, 6 L. & Sexuality 31 (1996)

* Anne Tamar-Mattis, Implications of AB 458 for California LGBTQ Youth in Foster Care, 14 Law & Sex. 149 (2005)

Summary of Law Review Articles
*Jenny Casciano et al., Symposium Proceedings: Client-Centered Advocacy on Behalf of At-Risk LGBTQ Youth, 26 N.Y.U. Rev. L. & Soc. Change 221, 231 (2001)
This is essentially a transcript from a discussion on Client-Centered Advocacy between Jenny Casciano, a site director at the New Neutral Zone, a drop-in center for homeless and runaway LGBT youth; Colleen Sullivan is a staff attorney at Lambda Legal Defense and Education Fund; and David Pumo, Director of Lesbian and Gay Youth Project (LGYP) at the Urban Justice Center; moderated by Cynthia R. Kern an associate at Weiss, Buell, and Bell, a lesbian-run law firm. The panelists discuss what they feel are the most important issues in representing or dealing with LGBT youth on a day-to-day basis
Comments of interest:

Casciano: Many [of the GLBT] youth say that their schools do not have any safe places or that they do not feel safe accessing counselors or people within the educational system to talk about what is going on with them at school.
Sullivan: Because they are LGBT youth, if they are out or gender-nonconforming, they often end up being ostracized in foster care as well. So we take them out of a place that is abusive, not productive, not loving, not caring, or not understanding, and we put them in a place that ought to be better for them. But sometimes we end up not making things better at all; we end up making them worse. Not only do we make matters worse, but we further these young people's distrust of adults, of the system, of society.
Sullivan: [F]oster care systems are run by states or cities that contract out their foster care work to private organizations, many of which are faith-based organizations. Accordingly we have any number of sectarian establishments contracting with the states to provide foster care services to youth, and these organizations have specific opinions about homosexuality. The agencies, through their employees, end up imposing those views on the children, and in the employees' minds, rightfully so.
Sullivan: There have been lawsuits across the country about youth dying in foster care, about foster care agencies making bad decisions and hurting youth. There have been class actions everywhere, but we end up losing on qualified immunity grounds.
Pumo: One out of four gay kids in this country, at some point, either runs away or is thrown out of his or her home.

Melinda Coolidge, Eight Annual Review of Gender and Sexuality Law: Family Law Chapter: Adoption and Foster Care, 8 Geo. J. Gender & L. 583 (2007).
Coolidge notes that adoption and foster care raise important questions about the respective rights of parents and children, the proper role of stat intervention in the normally private realm of the family, and the most effective governmental solutions to the entrenched societal problems. She discusses the development of formal adoption in the U.S. in the mid-nineteenth century. She notes that adoption and foster care laws are statutorily based. States must comply with standards set forth in several federal statutes to be eligible for some forms of federal funding. Courts do not recognize any common-law rights to adoption or foster care for either parents or children. Foster parents do not have a constitutional right to maintain custody of their foster children. Similarly, there is no constitutional right to adopt or be adopted; adoption is considered a privilege, and when disputes arise, a court will determine whether there is a liberty interest it is willing to protect. Eligibility to adopt is governed by statute, but it eligibility threshold requirement, with the focus then turning to the best interest of the child and whether the adoption is in accordance with public policy. In determining what is in the best interest of the child, statutes and courts take into account the following factors: personal characteristics, age, religion, marital status, race, health, and sexual orientation.
Foster parents’ rights are extremely limited. When courts are faced with a child’s removal from a foster home, they have not found that foster parents or their foster children have an enforceable liberty interest under the Fourteenth Amendment’s Due Process or Equal Protection Clause.
Coolidge discusses adoption laws, including state legislation and court interpretation, adoptive rights and restriction on biological and adoptive parents, within this framework also discusses the constitutional and state rights of biological fathers, stepparent adoption, adoption restrictions based on adopting parent’s sexual orientation; and adoption. Then she discusses foster care including the assigned rights of biological parents and foster care providers under the common law; federal and state legislation: foster care placement and funding; problems and proposed reforms; foster care and sexual orientation; and safe haven laws.

Rudy Estrada and Jody Marksamer, Lesbian, Gay, Bisexual, and Transgender Young People in State Custody: Making the Child Welfare and Juvenile Justice Systems Safe for all Youth Through Litigation, Advocacy, and Education, 79 Temp. L. Rev. 415 (2006).
This article provides some good cases and good facts about GLBTQ youth in the foster care system. Some of the statistics/facts:

26% of youth were forced to leave their families of origin as a result of conflicts with their parents regarding their sexual orientation or gender identity.
Over 30% of lesbian and gay youth reported suffering physical violence at the hands of a family member after coming out.
LGBT youth also they face discrimination in schools by their peers and faculty and administration. LGBT youth in the foster care and juvenile justice system often experience further harassment and discrimination.
Between 20-40% of homeless and runaway youth identify as LGBT; almost 2/3rds of homeless LGBT youth have previously been in a child welfare placement.
LGBT youth who run away or are homeless are at an increased risk of other problems, including criminal victimization, physical and sexual assault, and arrest.

Barbara Fedders, Coming Out for Kids: Recognizing, Respecting, and Representing LGBTQ Youth, 6 Nev. L.J. 774 (2006)
This article is directed to lawyers working with LGBT youth and provides a information and advice, particularly useful for lawyers with limited experience working with LGBT populations, including providing terminology related to sexual orientation and gender identity..
Additionally this article discusses how we identify LGBTQ youth, noting that fewer youth identify as LGBTQ youth than participate in associated behaviors, and she encourages lawyers to focus less on ferreting out LGBTQ clients for special treatment than on adopting practice strategies sensitive to and supportive of youth of all sexual orientations and gender identities. Next she discusses the debate of what causes people to be GLBT and notes that the much of this debate stems from an underlying belief that being LGBT is bad or wrong and that this underlying pejorative message is apparent to young people and engaging in the debate can be harmful to LGBT youth. She also discusses the plight of LGBT youth in the criminal justice system and the foster care system, and provides recommendations for lawyers
In a nutshell, the seven recommendations she provides are: (1) respect the rights of our young clients to the expression of heir sexual orientation and gender identity (i.e., don’t try to convince them it’s a phase); (2) be gender-neutral when asking about romantic relationships (regardless of the clients perceived sexual orientation) (i.e., ask if they are romantically involved with anyone instead of asking if they have a boyfriend or girlfriend); (3) seek to identify if problems are related to gender non-conformity, sexual behavior, or sexual identity, or others’ perceptions of those things, but do not necessarily directly inquire as this can be off-putting to someone who faces harassment on these issues and has no way of knowing how an attorney will respond; (4) allow the child to be the gatekeeper of information about his or her sexuality or gender identity, it may not be safe for this information to be disclosed in court, before family members, etc. (5) unless the client wants it, it is not an adequate solution for youth to simply be moved – to a different class, or school, or foster home, or to protective custody, or the infirmary in a juvenile detention facility; (6) don’t assume that being LGBT is the biggest factor facing youth, ie., a young person whose entire community is in related to their ethnicity may feel tremendously uncomfortable in an LGBT specialized group composed primarily of white homosexuals. (7) maintain a network of local LGBTQ-sensitive providers to whom LGBTQ clients can be referred.

Miriam Aviva Friedland, Too Close to the Edge: Lesbian, Gay, Bisexual and Transgender Youth in the Child Welfare System, 3 Geo. J. Gender & L. 777 (2002).
Friedland provides an overview and brief history of the development of the American child welfare system. Then she identifies many of the particular needs and pitfalls that self-identified LGBT youth face and how homophobia compounds the stress of their experiences at school and at home. Next she explores how LGBT youth enter the child welfare system and how the needs of these youth are being met in the current system. She concludes with suggestions on how to better serve the needs of LGBT youth.
Some of the particular problems/needs Friedland identifies of self-identified LGBT youth. Like LGBT adolescents not in foster care, youth face who are labeled by their peers as LGBT face harassment in the form of name calling, bullying, and other forms of harassment. They face the possibility of losing friends and possibly losing their family. And in fact, many of the LGBT youth in foster care are there because the fear of losing their family becomes a reality, and then they must re-live this fear in every new placement. School can be particularly hard for youth perceived to be LGBT, many students suffering from a form of post-traumatic stress syndrome that affects schoolwork. Often youth face years of indignity until they are finally able to drop-out. Even those not perceived to be LGBT suffer, from witnessing or participating in harassment of other LGBT peers.
In the child welfare system, LGBT youth come into the system through similar ways as nonLGBT youth, including a finding of abandonment, neglect, or abuse by a parent, or through the juvenile justice system. Sometimes parents voluntarily relinquish some of their rights over to state welfare agencies, for LGBT youth this is sometimes experienced through parental rejection of their identities. For some families, emotional and physical abuse follows a child’s disclosure and the parent may shirk their legal duty to provide support, including financial support to their LGBT child. This can result in children being “thrownaways” whose parents do not look for them when they run away and would not welcome them home. Additionally, LGBT youth may be at increased risk of legal supervision because of their sexual conduct.
Some parents commit their LGBT child to a mental institution in hopes of changing their sexual identity, despite the fact that conversion therapy has been found to be ineffective and is discouraged by organizations including the American Psychiatric Association, The American Academy of Pediatrics, and the National Association of Social Workers. Friedland, notes that a 1979 Supreme Court decision, Parahm v. J.R. allowed the involuntary commitment of children to institutions – absent the due process of the law that is provided for youth in juvenile delinquency proceeds who are facing incarceration, thus the institutionalization LGBT youth can easily be achieved despite the rejection of its efficacy by professional groups.
Friedland also discusses foster care placement, including traditional placements (adoption, foster homes, and group homes) and nontraditional placement options, kinship care, and guardianship.

James W. Gilliam, Jr., Social Justice in the 21st Century: Towards Providing a Welcome Home for All: Enacting a New Approach to Address the Longstanding Problems Lesbian, Gay, Bisexual, and Transgender Youth Face in the Foster Care Legal System, 37 Loy. L.A. L. Rev. 1037 (2004)
A central thesis in Gilliam’s argument is that the protection of gay children is the work of gay adults because no on else is doing it and no one else ever has. Gilliam provides support for his thesis by showing that most foster care systems deny the existence of GLBT youth and that identifying many factors that make LGBT foster youth more vulnerable to mistreatment, including the fact that religious organizations operate many foster care systems, and many of these organizations believe homosexuality is a sin. He notes that that in Seattle, 40% of the homeless youth are estimated to be lesbian or gay. Gilliam advocates a matching policy in foster care, matching GLBT youth with GLBT foster parents or other adults who have expressed an ability and a willingness to serve as parents to these youth. Gilliam also addresses potential challenges to the constitutionality of such a matching program.

Sonia Renee Martin, A Child's Right to be Gay: Addressing the Emotional Maltreatment of Queer Youth, 48 Hastings L.J. 167 (1996).
Martin argues that it is imperative for the legal system to help queer youth by recognizing the severity of emotional abuse directed at a child's sexual orientation. She explores the causes and effects of such maltreatment on queer youth, specifically discussing psychological theories on the issue. Then she addresses the legal system's denial of the abuse of queer youth and argues that the legal system's denial of the abuse of queer youth is a result of several factors: (1) a general disregard in the legal system for psychological child abuse; (2) the dominance of heterosexuality; (3) the belief that a child's sexual orientation is changeable; and (4) the parental rights doctrine. These factors work together to deny abused teens legal protection. Finally, she suggests statutory recognition of the psychological abuse of queer teens in order to help represent the interests of these youths generally and in the contexts of custody litigation, guardianship and adoption proceedings, and emancipation.
Highlights from her article include:

Queer youth comprise the most invisible segment of the population….They live in heterosexual families and school settings where they are either rejected or unrecognized.” …the gay and lesbian community has tragically failed to address the needs of queer youth, due largely to the community's fear of the stereotype that it "recruits" teenagers to homosexuality.
The vast majority of queer youth experience severe feelings of isolation. A National Gay Task Force study found that thirty-three percent of gay and lesbian teens reported verbal abuse from their families because of their sexual orientation. Another study by the Hetrick-Martin Institute found that half of all queer youths reported that their parents rejected them because of their sexual orientation. Although empirical studies have failed to provide an accurate estimate of the rate of abuse of queer teens, studies clearly demonstrate that the rate of psychological abuse among queer teens is higher than that among heterosexual teens.
Studies suggest that approximately one out of every four queer youth are forced out of their homes because of conflicts with families over their sexual orientation or gender identity.
In Seattle, it is estimated that 40% of street youths are gay, lesbian or bisexual.
Queer youth that leave or are pushed from home by parental abuse are often forced into prostitution because of a lack of other alternatives. Yates, et al., found that prostitutes under age 18 were five times as likely to be gay, lesbian or bisexual.

Nancy D. Polikoff, Resisting "Don't Ask, Don't Tell" in the Licensing of Lesbian and Gay Foster Parents: Why Openness Will Benefit Lesbian and Gay Youth, 48 Hastings L.J. 1183 (1997).

Polikoff argues that the continued availability of openly gay and lesbian foster parents is one critical component of a strategy to protect the well-being of lesbian, gay, bisexual, and transgender youth. She argues that there is a symbolic value in that the state agency that licenses foster parents is the same agency that controls the lives of lesbian and gay youth in its care. Open licensing of gay foster parents sends a powerful message to those youth that it's okay to be gay. She also provides stories of lesbian and gay youth in the foster care system as well as summaries of reports of lesbian and gay youth in the foster care system. The articles also discusses the foster care policies in various states, including Florida and Nebraska.

Anne Tamar-Mattis, Implications of AB 458 for California LGBTQ Youth in Foster Care, 14 Law & Sex. 149 (2005)
Tamar-Mattis notes that between 5-10% of the adolescents in the foster care system are lesbian, gay, bisexual, transgender or questioning, but the foster care system has done little to protect/support them. As a consequence, they are often the victims of homophobia or tansphobia, both in their families of origin and later in the foster care system. Consequently, many youth chose life on the streets as a safer option then group or foster care homes.
California is the first, and as of March 2008, the only state to have passed a Foster Care Nondiscrimination Act, which went into effect on January 1, 2004. The law was passed in response to reported systematic patterns of abuse, including taunting from staff, inappropriate “conversion” therapies, and tolerance for slurs, violence, and sexual harassment in the foster care setting, with transgender youth facing a particular risk of discrimination, harassment, and violence. The Act provides that LGBTQ foster children, foster parents, and service providers have right to equal access to all services, placement, care, treatment, and benefits of the foster care system, without discrimination or harassment on the basis of (among other things) sexual orientation, gender identity, or HIV status. It also requires training for group home administrators, foster parents, and department licensing person on the right of LGBTQ foster children to have fair and equal access to all available services without harassment or discrimination on the basis of actual or perceived sexual orientation or gender identity. One of the limitations identified is that relative caregivers are not required to participate in available training programs. The act also does not provide funding for the trainings that are required, nor does it provide a mechanism for enforcement.
The article goes on to compare the foster care system to racial discrimination in foster care, sexual orientation discrimination in schools and employment, and gender identity discrimination.
Returning to the issue of foster care, the article then outlines issues faced by LGTBQ foster youth, including harassment and violence, inappropriate placement and instability of placement, religious conflicts, “reparative” therapy and supportive therapy, and restrictions of age-appropriate social and after-school activities.

Welcome to the QLaw At-Risk Youth Project

AtRiskYouth — Fri, 29 Feb 2008 13:15:22 CST

This wiki, initiated by the GLBT Bar Association of Washington Foundation's At-Risk Youth Project, collects a diverse array of information and resources aimed to help at-risk LGBT youth and their advocates.

The wiki is organized in the following topic areas: Academic Studies / Research, Law Review Articles / Legal Publications, Washington State Service Providers, National Support and Services, Guardianship, Education, Employment, Foster Care, Hate Crimes / Violence, Homelessness, Juvenile Offenders, Mental Health, Money, and General Resources.

We welcome you to add relevant categories or resources to the wiki!

Journal Articles

jlmul — Fri, 15 Feb 2008 02:25:50 CST

Civil Rights

Dent, George W., Jr. Civil rights for whom?: Gay rights versus religious freedom. 95 Ky. L.J. 553-647 (2006-2007)

Child Custody

Maxwell, Nancy G. and Richard Donner. The psychological consequences of judicially imposed closets in child custody and visitation disputes involving gay or lesbian parents. 13 Wm. & Mary J. Women & L. 305-348 (2006).

Discrimination

Baldacci, Paris R. Protecting gay and lesbian families from eviction from their homes: the quest for equality for gay and lesbian families in Braschi v. Stahl Associates. 13 Tex. Wesleyan L. Rev. 619-644 (2007).
Koppelman, Andrew. You can't hurry love: why antidiscrimination protections for gay people should have religious exemptions. 71 Brook. L. Rev. 125-146 (2006).
Martin, Ryan M. Comment. Return to gender: finding a middle ground in sex stereotyping claims involving homosexual plaintiffs under Title VII. 75 U. Cin. L. Rev. 371-397 (2006).

Don't Ask, Don't Tell

Westcott, Kathi and Rebecca Sawyer. Silent sacrifices: the impact of "Don't Ask, Don't Tell" on lesbian and gay military families. 14 Duke J. Gender L. & Pol'y 1121-1139 (2007).
National Lesbian and Gay Law Foundation Lavender Law 2006: "Rum, Sodomy, and the Lash": What the Military Thrives On and How it Affects Legal Recruitment and Law Schools. Panelists: Sharra E. Greer, Warrington S. Parker, III, Elizabeth L. Hillman and Diane H. Mazur. 14 Duke J. Gender L. & Pol'y 1143-1169 (2007).
Harvard Law School Lamba Second Annual Gay and Lesbian Legal Advocacy Conference: "Don't Ask, Don't Tell". 14 Duke J. Gender L. & Pol'y 1171-1288 (2007).

First Amendment

Southerland, Abigail Jones. Note. The tug of war between First Amendment freedoms and antidiscrimination: a look at the rising conflict of homosexual legislation. 5 Regent J. Int'l L. 183-201 (2007).

Foster Care

Miriam Aviva Friedland, "Too Close to the Edge: Lesbian, Gay, Bisexual and Transgender Youth in the Child Welfare System," 3 Geo. J. Gender & L. 777 (2002)
Anne Tamar-Mattis, NLGLA Michael Greenberg Writing Competition, Implications of AB 4582005 for California LGBTQ Youth in Foster Care,,14 Law & Sex. 149 (200w)

International

Kochenov, Dimitry. Democracy and human rights--not for gay people?: EU eastern enlargement and its impact on the protection of the rights of sexual minorities. 13 Tex. Wesleyan L. Rev. 459-495 (2007)

States

Turner, William B. The gay rights state: Wisconsin's pioneering legislation to prohibit discrimination based on sexual orientation. 22 Wis. Women's L.J. 91-131 (2007).

Other

Michelle Fine and Sara I. McClelland, The Politics of teen women's sexuality: Public Policy and the Adolescent,56 Emory L.J. 993 (2006)
Douglas NeJaime, NOTE: Marriage, Cruising, and Life in Between: Clarifying Organizational Positionalities in Pursuit of Polyvocal Gay-Based Advocacy, 38 Harv. C.R.-C.L. L. Rev. 511 (2003)
Summer, 2005,95 J. Crim. L. & Criminology 1363,24070 words,COMMENT:A MINOR EXCEPTION?: THE IMPACT OF LAWRENCE V. TEXAS ON LGBT YOUTH,JOSEPH J. WARDENSKI*

Law Review Articles / Legal Publications

jlmul — Fri, 15 Feb 2008 01:43:07 CST

Legal Publications

Law Reviews
Law & Sexuality: A Review of Lesbian, Gay, Bisexual, and Transgender Legal Issues .
Tulane University School of Law. Law & Sexuality provides a national forum for discourse on legal matters related to sexual orientation.

Georgetown Journal of Gender and the Law
The mission of the Journal is to explore the impact of gender, sexuality, and race on both the theory and practice of law.

The Washington and Lee Journal of Civil Rights and Social Justice
The Washington and Lee Journal of Civil Rights and Social Justice is a research and reference publication focusing on race and ethnicity as it intersects with class, gender, ability, sexuality and the law. Washington and Lee University School of Law

Other Publications

LGBTbib.org

Gay/Lesbian Law Pathfinder
The Gay/Lesbian Law Pathinder is hub of resources, provinding links to more organizations, books, and journal articles.

Washington State Bar News September 2007 Edition
The September 2007 edition of the Washingotn State Bar News focused on marriage and the law, specifically as it concerns LGBT people.

Employment

amyfreewoman — Thu, 24 Jan 2008 16:34:13 CST

In general, employment is governed by applical federal, state, and local laws.

General Youth Employment (Federal Law)

General Youth Employment (WA State Law)

GLBTQ-Specific Employment Law

Employment Discrimination (Federal Law)

Employment Discrimination (WA State Law)

Transgender Employment

Transgender Employment

amyfreewoman — Thu, 24 Jan 2008 16:33:52 CST

Good Jobs NOW!	Report on the economic health of San Francisco's transgender communities based on surveys of transgender people ages 16 to 62.
Transjobless	Article from San Francisco Bay Guardian discussing employment challenges in the transgender community.

Academic Studies / Research

carriegargas — Wed, 16 Jan 2008 12:22:17 CST

http://library.lib.binghamton.edu/guides/PDF/gaylesbian.pdf

LGBTbib.org

http://www.indiana.edu/~glbtpol/academic.htm

http://www.erraticimpact.com/~lgbt/

http://www.ling.northwestern.edu/~ward/newbib.html

http://lawprofessors.typepad.com/lgbtlaw

newyorklawschool.typepad.com/leonardlink/

General Resources

AtRiskYouth — Wed, 16 Jan 2008 10:24:58 CST

There is no abstract available for this page revision.

Washington State Service Providers

AtRiskYouth — Wed, 16 Jan 2008 10:21:41 CST

General Youth Service Agencies

Foster Youth Central: Internet project for all things related to Foster Youth: legal rights to life skills and employment information. The Child Advocacy Central internet project developed through the merging of goals of two distinct Washington advocacy groups, the University of Washington Child Advocacy Clinic and the Washington State Children's Justice Interdisciplinary Task Force (CJITF). The web links will have varied content, which is reviewed by both lawyers and social workers to provide expertise in two main content areas as well as diverse consideration of the presentation of information.

Independent Living Project: ILP Seattle is an independent project developed with the assistance of Casey Family Programs, Treehouse, YMCA Transitions, YMCA's Independent Living Program and Washington State Department of Social and Health Services, Division of Children and Family Services, Region IV.

Mockingbird Society: Goal is: “Building a world class foster care system while serving our neighborhood youth.” The Mockingbird Times publishes a newspaper designed, written, and produced by young people with foster care or homelessness experiences. Also advocates for youth in foster care by seeking improvements in the current system through the Ask-Y campaign.

Treehouse: By listening to the wants, hopes and dreams of foster children throughout King County, Treehouse is uniquely committed to helping them attain self-esteem, confidence and their fullest potential. Through a unique combination of enrichment and educational programs, Treehouse is giving foster kids a childhood... and a future. Thanks to the generosity of a community that cares, Treehouse served over 2,800 foster, abused and neglected kids in fiscal year 2003 alone.

UDSP: University District Service Providers. Alliance of direct youth service providers in Seattle's University District. Member agencies provide a variety of services and resources for homeless or street-involved youth and young adults.

YMCA: Offers a variety of programs for homeless youth and adolescents in Seattle's University District and Capitol Hill areas, as well as in Bellevue. Also operates transitional programs to help adolescents work towards independence.

YouthCare (Shelter and Housing): YouthCare’s housing programs provide youth with stability, skills and ultimately, self-sufficiency. Staff are available 24-hours a day to provide youth with the hugs, instruction and the discipline they need to learn and grow. YouthCare’s housing programs are divided into Adolescent Living (ages 12-17) and Transitional Living (ages 18-21).

Seattle City Human Services Department - Overview of city supported programs addressing homeless youth in Seattle

Resources for Queer Youth

B-GLAD (Bisexual, Gay, Lesbian Adolescent Drop-in) has weekly support and discussion groups (Eastside of Seattle). 425-747-4937.

COLAGE Seattle: Children Of Lesbians And Gays Everywhere. This group is for kids of queer parents. Call Mike Beebe at 325-4449 for meeting information.

Gay City Health Project is a multicultural gay men's health organization and the premiere provider of HIV and STD testing in King County. Our mission is to promote gay and bisexual men's health and prevent HIV transmission by building community, fostering communication and nurturing self-esteem.

The Gay Youth Info Line: 547-7900. Run by AFSC (American Friends Service Committee), this has information on coming out, social events, and support resources for queer youth.

Ingersoll Gender Center is Seattle's transfolk home. They've got support groups, they've got resources, they've got referrals; if you have a question about anything transgendered, Ingersoll is the place to get an answer. Their phone number is 206-860-6064.

InsideOut is a weekly drop-in group for queer, bi, trans, lesbian and gay youth in Shoreline. We meet Tuesday evenings at 6:30pm. Call Jane at 206.362.7282 ext. 271 or email insideout@chs-nw.org for more information.

ISIS is a long-term housing (up to two years) for 10 young adults and emphasizes serving gay, lesbian and transgender youth. Through YouthCare.

Lambert House is a center for Gay, Lesbian, Bisexual, Transgender and Questioning youth and their allies that encourages empowerment through the development of leadership, social and life skills.

The Long Yang Club of Seattle is an international, non-profit social and educational group established for Gay, Lesbian, Bisexual, and Transgender people who share an interest in Asian culture.

Oasis, located in Tacoma, is a drop-in center for gay, lesbian, bisexual, transgendered, and questioning (GLBTQ) youth ages 14-24. Oasis is a safe place to hang out, meet others, and learn about life. They also offer many regularly scheduled educational programs and fun events. Oasis has a library of books you can check out, and has a smoking cessation program if you need to kick the habit. Oasis's program BUST is a girl’s night that is held monthly, and they also have a speaker’s bureau that goes out into the community to educate others about what it’s like being a young GLBTQ person today. Oasis offers HIV/AIDS education and testing, as well as safer-sex resources.

PFLAG (Parents, Families and Friends of Lesbians and Gays) is a support group and activist organization for the families and friends of queerfolk. They do a lot of good stuff and have chapters all over the state. The phone number for the Seattle chapter is 325-7724. PFLAG Bellevue: another chapter of PFLAG providing support for parents and friends of queers on the Eastside. Call their helpline at (425) 562-6638

The Safe Schools Coalition: This is the group to call if you're getting harassed at school or if you have any questions about being safe at school. Their hotline number is 1-888-307-9275.

The Seattle Commission for Sexual Minorities advise the Mayor, Council and departments about sexual minority issues, recommend policies and legislation, bring the sexual minority communities and the larger Seattle community together through long-ranged projects, and ensure that City departments fairly and equitably address sexual minority concerns as individuals and as a protected class.

The Sisters of Perpetual Indulgence -- Abbey of St. Joan are a group of nuns dedicated to bringing joy to the world. They work to raise money for AIDS organizations, fight for queer rights, educate the public about safer sex, and have a fabulous time doing it.

Stonewall Youth is a non-profit community organization that supports, informs, and advocates for youth up to 21 years old who identify as gay, lesbian, bisexual, transgendered, or who have questions about their sexual orientation or gender identity. The organization was founded in 1991 and today provides a wide spectrum of services, including Youth Outreach, Peer Support Groups, and Community Education.

Legal Help for At-Risk Youth

Northwest Justice Project: Non-profit Washington State organization that offers free civil legal services to people of low income throughout the state. Eligible clients may receive either direct legal representation or referrals to direct representation. Interpreting services are available upon request.

CLEAR: Coordinated Legal Education, Advice and Referral. NJP's toll-free telephone resource for non-criminal legal problems. Provides advice and, if appropriate, will send free informational materials through the mail. Eligibility may be determined by financial need, depending on county.

Columbia Legal Services: Resource that offers direct legal representation to people of low income or with special needs throughout Washington state, in the areas of advice, education, court proceedings, litigation, rulemaking before administrative agencies, and legislative advocacy.

SYLAW (Street Youth Legal Advocates of Washington) provides civil legal representation, information and education to the homeless and at-risk youth population of Washington. Primarily SYLAW seeks to help youth with education, employment, housing, and public entitlements.

TeamChild: Provides assistance to juvenile offenders regarding health, education and housing.

Washington Law Help: Comprehensive database of self-help legal information in family law, housing, consumer issues and debt, domestic violence and harrassment, government benefits, health, aging and elder law, youth law and education, immigration, employment/farm workers' rights, civil rights, Native American issues, and criminal matters.

Drop-In Centers and Organizations for At-Risk Youth

Sanctuary Art Center: Creativity services for youth, including art and theater programs. Meals are served on Friday, music on Saturday.

Seattle Education Access: Educational resources including college help and scholarship programs.

Street Youth Ministries: Drop-in case-management for ages 13-22. Free activities on Wednesdays, and a Youth Concil lunch on the second and fourth Thursday of each month.

University District Youth Center: Provides food, schooling, showers, laundry, jobs, mental health and drug counseling, and case management for youths 13-22.

YWCA Working Zone: Provides employment training and paid internship opportunities through the 'Zine Project, the Tile Project, and Seattle Youth Garden Works. Job applications, interview practice, and resume-writing help.

Peace for the Streets by Kids from the Streets (PSKS): Seattle organization providing support and services to homeless youth.

Shelters

ROOTS: Provides overnight shelter to street-involved young adults between ages 18 and 25, as well as meals, showers, case-management, and health care visits.

Orion Center: Multi-service facility open to youth from age 13 to 21, operated by Youthcare. Services include the Drop-in Center which offers free showers, lockers, laundry and 3 meals daily, and case management to help youth gain housing, enroll in school and obtain medical care. Youth can obtain their high school diploma or GED at the Orion School, and Youthcare offers pre-employment training as well.

Youthcare: Operates housing shelters for youth in Seattle. Offers food, medical attention, information, and connections to community services for youth on the streets via mobile outreach. Also provides employment training and educational programs.

U-District Meals & Food Banks

Teen Feed: Part of University Street Ministries. Provides meals and out-reach case-management to homeless youth and young adults.

Saturday Kitchen: Part of University Ministries. Provides a free Saturday morning meal to the U-District homeless community.

U-District Food Bank: Provides free groceries, infant care items, and referral information to low-income Seattle residents.

Health Care for At-Risk and Street Youth

45th St. Homeless Youth Clinic: Evening drop-in clinic for homeless and at-risk youth ages 12-23. Services include allopathic primary care, naturopathic medicine, acupuncture, dental care, mental health counseling, outreach, resource referral, yoga, eligibility assistance, and HIV counseling.

Country Doctor Community Clinic: Free medical services for homeless street youth between ages 12-24. Services include medical care, lab tests, prescription and over-the-counter medications, and referrals.

Important Contact Info

Community Info Line: 206-461-3200

Crisis Clinic (phone support): 206-461-3222

King County Recovery Center (Detox): 206-625-5011

Orion Center Outreach: 206-625-5011

Seattle Police Complaints Line: 206-684-8797

Service Links for Youth Case Management for Homeless Youth 13-25: 206-356-9314

Guardianship

AtRiskYouth — Wed, 16 Jan 2008 10:19:53 CST

DEPENDENCY GUARDIANSHIPS FOR WASHINGTON YOUTH- A PERMANENCY OPTION Washington state law continues to recognize dependency guardianships as a permanency option for children in the foster care system. It is primary used in cases of older children, as the state continues to support adoptions as the preferred plan for younger children, given that a guardianship can be modified or vacated in certain circumstances. A guardianship can be an appropriate option for a youth in foster care, if the youth does not want to be adopted (or the foster parent is unwilling to adopt) but desires for all of, or certain parental responsibilities to be in the guardian’s control. A guardianship will insure placement of the child with the guardian until the child reaches the age of 18, or until “further order of the court.” The guardianship order can set out visitation with the parents and siblings, and can allow the youth to continue his or her relationship with the biological family. The visitation order may be very specific as to contact with the biological family, or may allow the youth and the guardian (working with the family) to set out a reasonable visitation schedule. The guardianship order can address whether the biological family can attend special events of the child, such as sports events, high school graduation, etc. The guardianship order gives specific powers of consent to the guardian, including the right to consent to medical, psychological care and dental care for the youth. The guardianship order outlines the guardian’s rights and responsibilities concerning the “care, custody and control of the child.” The guardianship order will specify whether the guardian has the authority to receive or expend funds or property belonging to the child. The guardian will assume the responsibility for the protection, education and discipline of the child, will be required to provide food, shelter, education and routine health care to the child, consent to school activities, etc. (See RCW 13.34. 232.) When drafting guardianship orders, it is common to include additional areas of consent that the child will likely require, including giving the guardian the ability to consent to the child enrolling in Driver’s Education classes, consenting to obtaining a driver’s permit, driver’s license, obtaining a passport, consenting to travel both within and outside of the United States, and consenting to the child’s college applications and financial aid documents. Any party to a dependency action may file a guardianship petition. It is not uncommon for the youth’s attorney to file the petition if the youth so requests. The legal proceedings are not complicated and can generally be done at Juvenile Court. In counties where youth are not routinely provided an attorney, the youth should be encouraged to request an attorney (pursuant to RCW 13.34.100 (6)) in order that the attorney can address the youth’s stated interests with regards to the guardianship orders. A guardianship will be established if the following elements are met: the child is dependent, a dispositional order has been entered, the child has been out of the parents’ care for more than 6 months after dependency was established, that services were offered to correct the parental deficiencies but there is little likelihood that the deficiencies can be remedied, and that a guardianship, rather than terminating the parent-child relationship or returning the child home is in the child’s best interest. (RCW 13.34.231) Once a guardianship is established, the intent is that it remain in place until the child reaches the age of 18. If there is a substantial change of circumstance, (and it is in the best interest of the child) the court can modify or vacate the guardianship. Any party to the guardianship can make a motion to modify or vacate the guardian but must give notice to the parties, including DSHS. Generally, DSHS does not continue to supervise the guardianship placement once the guardianship is entered, and there are no longer regular dependency review hearings in court. The dependency case remains open, however, should the court need to address a motion to modify or vacate the guardianship. In order to serve as a guardian, the proposed guardian must be over the age of 21 and must meet the minimum requirements to care for children. (RCW 74.15.030) The guardian must generally pass a criminal and CPS background check, and a home study is usually required. The guardian does not have to be a foster parent, although it may be finally beneficial for the guardian to be licensed. The guardian should be provided with information regarding the child’s financial and medical benefits, so the guardian can decide if a guardianship is the most beneficial legal status for the child and for the guardian.

The Money section provides a brief overview of the guardian's obligation to support a dependent child.

Hate Crimes / Violence

tboerg — Wed, 16 Jan 2008 00:29:57 CST

Definition: A hate crime is defined by the FBI as a criminal offense committed against a person, property or society which is motivated, in whole or in part, by the offender's bias against a race, religion, disability, sexual orientation, or ethnicity/national origin.

Washington Hate Crime Law: Revised Code of Washington ("RCW") 9A.36.080--Malicious Harassment
http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.36.080

Washington Anti-Discrimination Laws: RCW 49.60.180--Unfair Practices of Employers
http://apps.leg.wa.gov/RCW/default.aspx?cite=49.60.180

CONTACT NUMBERS

Seattle Police Department: Emergency 9-1-1; Non-emergency (206) 625-5011

Seattle Office for Civil Rights: (206) 684-4500

King County Office of Civil Rights: (206) 296-7592

Tacoma Human Rights and Human Services Dept.: (253) 591-5151

Washington State Human Rights Commission: (800) 605-7323

U.S. Dept. of Justice, Community Relations Service: (206) 220-6700

Report hate-oriented signs or graffiti: Seattle (206) 684-7587; King County (206) 296-8100

RESOURCES

Seattle Office for Civil Rights: http://www.seattle.gov/civilrights/discrimination_find_help.htm

Where to find help

King County Office of Civil Rights: http://www.metrokc.gov/dias/ocre/nohate.htm#hate

Hate--Not in Our Backyard

King County Public Health Dept.: http://www.metrokc.gov/HEALTH/glbt/hatecrime.htm

What to do if you are the victim of a hate crime

FBI Hate Crimes Statistics: 2003 Annual Report http://www.fbi.gov/ucr/03hc.pdf

16.5% of hate crimes in the U.S. were committed based upon the victim's perceived sexual orientation

Parnters Against Hate: http://www.partnersagainsthate.org/

Help Youth Resist Hate and Bias

Human Rights Campaign: http://www.hrc.org/laws_and_elections/5660.htm

Local Law Enforcement Hate Crimes Prevention Act/Matthew Shepard Act

National Gay and Lesbian Task Force: http://thetaskforce.org/issues/hate_crimes_main_page

Task force's work on hate crimes, including pending federal legislation

Safe Schools Coalition: http://www.safeschoolscoalition.org/RG-biascrime_hatred_extremism.html

Resources for bias crime, hatred and extremism in schools

Homelessness

bhpayne01 — Tue, 15 Jan 2008 23:18:07 CST

Please feel free to add information on:

BECCA Bill
Emancipation
Access to Services
Domestic Violence Shelters
Other Resources:
An Epidemic of Homelessness: National Gay and Lesbian Task Force Report (this takes minute to load in but offers comprehensive coverage).

National Support and Services

quitastjohn — Tue, 15 Jan 2008 22:54:58 CST

Lambda Legal’s “tool kit” offering practical tips and information about services available to LGBT youth in the welfare and juvenile justice systems.	http://www.lambdalegal.org/take-action/tool-kits/getting-down-to-basics/
The Safe Schools Coalition’s list of resources including literature, statistics, videos, and a list of shelters around the nation and overseas.	http://www.safeschoolscoalition.org/RG-homeless.html
The GLYS Project of Health Care of Southeastern Massachusetts has developed a number of tools to help you create safety and support for GLBT youth and their families in your agency, school, or community.	http://www.hcsm.org/glys/glystools.htm
Foster Care Helpline for LGBT youth with questions concerning discrimination or abuse.	1-866-LGBTEEN (542-8336) ext. 350
GLBT National Youth Talkline – provides peer-counseling and local resources for cities all across the U.S.	1-800-246-PRIDE (7743)

The National Center for Lesbian Rights LGBTQ Youth Project advances the rights of LGBTQ youth through education, public policy, and precedent-setting casework.	http://www.nclrights.org/site/PageServer? pagename=issue_youth_overview
The National Youth Advocacy Coalition is a social justice organization that advocates for and with young people who are lesbian, gay, bisexual, transgender, or questioning (LGBTQ) in an effort to end discrimination against these youth and to ensure their physical and emotional-well being.	http://www.nyacyouth.org/
The National Gay and Lesbian Taskforce created a campus organizing guide for LGBTQ high school and college students, a LGBTQ Creating Change Youth conference, as well as a Policy Institute exposing ex-gay ministries and reports on the epidemics of homelessness among LGBTQ youth.	http://www.thetaskforce.org/issues/youth