LGBT Youth Exist, are Overrepresented in the Foster Care & Juvenile Systems, and Deserve Protections

 

Despite campaigning on promises to protect and support the LGBTQ community, the Trump Administration has sought out to harm LGBT folks since his inauguration in 2017 weaponizing various policy initiatives and a cabinet of notoriously anti-LGBTQ politicians against the community. While largely aimed at LGBTQ adults, these attacks have also hurt LGBT youth. Despite making up only 9.5 percent of youth in the US, percent of LGBTQ Youth are disproportionality represented in both the Foster Care and Juvenile Systems. In a recent study of California youth grades 6-12, researchers found over 30% of youth living in foster care identified as LGBTQ. While not widely researched, it is estimated that 20% of all youth in juvenile justice facilities are LGB. Additionally, LGBT Youth are 120% more likely to experience homelessness. These youth are particularly vulnerable youth are in dire need of increased protections, and the incoming Biden-Harris administration is in an excellent position to provide just that.

The Obama administration did some work to help LGBT youth, including issuing anti-bullying guidance through the Department of Education and a Dear Colleague letter containing legal guidelines that reaffirmed the rights of LGBT youth in schools. These advancements, at the time seemingly indicative of progress tirelessly pursued by the LGBTQ community, were quickly stripped away by the Trump administration.
Trump Administration’s Harmful Policies Affecting LGBT Youth

  • The U.S. Departments of Justice and Education revoked the Obama Administration’s guidance detailing school obligations to transgender students under Title IX of the Education Amendments of 197
  •  Housing and Urban Development (HUD), withdrew two notices impacting LGBT people: the first requirement for emergency shelters receiving HUD funding to post information about LGBTQ people’s rights to access shelter safely, and the second being critical data collection and implementation guidelines for a homelessness prevention initiative targeting LGBTQ youth.
  • Department of Health and Human Services (HHS) attempted to remove language protecting the rights of LGBTQ folks to access programs funded by HHS including child welfare services and openly announced protections would only be granted to types of discrimination already banned by federal statute. In 2019, at the time of this announcement, discrimination based on sexual orientation and gender identity were not yet statutorily protected. Shortly thereafter the Trump administration issued a waiver to the same effect to the state of South Carolina, prompting outrage from the House Ways and Means Committee for the “intentional” violation of a congressional mandate to act in the best interests of children. The combined result of these actions was that otherwise qualified families could be turned away-with little to no recourse- from adopting or fostering youth from federally funded welfare programs on the basis of the prospective parent(s)’ sexual or gender identity, leaving LGBT youth with even fewer options for loving, affirming homes. HHS rule overturning Obama-era protections against LGBT discrimination in healthcare. The rule would have allowed the HHS to adhere to biological definitions of sex meaning male or female, completely disregarding an earlier regulation that accounted for an individual’s gender identity. Fortunately, a federal judge blocked the ruling stating that the move directly opposed the SCOTUS decision in Bostock v. Clayton County.
  • Ed Dept. memo that Bostock ruling doesn’t apply to children or Title IX cases (though the memo does state that Bostock may be used to guide cases depending on circumstance)
  • HUD allowance for discrimination against transgender individuals and youth in single-sex accommodations for homeless individuals.

Today, the Biden-Harris administration has the opportunity to step-up and help protect LGBT youth, and so far it looks like they might do just that. On his first day in office, President Joe Biden issued a sweeping executive order protecting LGBTQ folks from discrimination in schools, housing, the workplace and healthcare. Though the order falls directly in line with the June 2020 SCOTUS ruling in Bostock v. Clayton County, backlash from conservative and religious groups alike have begun, with both groups claiming their rights – or those of women – are being erased or threatened by the choice to uphold LGBTQ rights. While promises to pass the hotly contested Equality Act within the first 100 days of his presidency have recently been rescinded due to difficulties with a newly democratic senate, the Biden administration remains openly optimistic that the act will be passed sooner rather than later, codifying protection from discrimination based on sexual orientation and gender identity into federal law in the areas of federally funded programs and public accommodations which are not covered under the most recent executive order.

The Human Rights Campaign has set forth a list of demands for the new administration, which includes calls to protect LGBTQ youth in foster care, create a comprehensive federal definition of bullying which would include sexual orientation and gender identity, and an end to the violent practice of conversion therapy. This is especially important for LGBT youth, considering that in 2020, of the 10% of LGBT youth that reported undergoing conversion therapy, roughly 78% of them reported their experiences took place before age 18. The practice has long been debunked as an effective method of “therapy” and instead carries an increased risk of suicide for those who have been subjected to it. Once more, this risk is amplified in youth. The passage of the Equality Act would address this as well as the neglect and harm experienced by LGBT youth in foster care, homeless shelters, and the criminal justice system. Only time can tell for sure whether or not Biden will honor the promises to push for total equality made on the campaign trail, but to those watching closely, this presidential term already seems promising.

$127M Lawsuit Against a Kent County Children’s Hospital and Its Workers

Cumberland Hospital for Children and Adolescence is being sued for physical and sexual abuse of their child patients. Law firm Breit Cantor filed a multi-million dollar lawsuit in Richmond Circuit Court on October 20, 2020, against Cumberland and its parent company Universal Health Services (UHS), its former Medical Director Dr. Daniel Davidow, and Herschel “Mickey” Harden, a former psychotherapist who was indicted in February for sexually abusing a former female client.

The allegations in the lawsuit go as far back as 2008. As per a report by CBS News 6, Dr. Davidow took femoral pulses of his female clients and would “place his hand beneath the minor patient’s undergarments and sexually abuse the minor patient by intentionally touching the minor patient’s intimate body parts.”[1] Additionally, Dr. Davidow “wasn’t taking the femoral pulse of patients when their parents were in the room, he was only taking the femoral pulse of patients when they were alone when they didn’t have somebody there to speak for them and when they are the most vulnerable.”[2] Patients as young as 12 years old have made allegations of sexual abuse by the doctor.

The complaint filed alleges some of the following:

  1. UHS, Cumberland, Davidow, and Harden constantly pressured staff to change the primary diagnosis of patients, chart aggressive or sexually aggressive precautions in the patients’ records, and otherwise made fraudulent and materially false statements in medical records to justify longer stays.
  2. If a patient’s parent or guardian would not consent to admission or questioned changes to the medical records, the staff at Cumberland Hospital would threaten to call the police and the Virginia Department of Child Protective Services to force the patients’ parents to admit their child to Cumberland Hospital and silence them from making reports or question decisions made by Cumberland, UHS, Davidow, and Harden.
  3. Contrary to Cumberland’s “Seclusion and Restraint Philosophy and Family Notification,” UHS, Cumberland, Davidow, and Haden frequently used physical restraints and seclusion to coerce, discipline, and retaliate against patients.

Davidow since then has had his medical license revoked. The hospital is also alleged to have been playing a money game, by moving clients around the hospital to different beds in order to increase profits. This is being done even though Cumberland does not have adequate staff, proper licenses, and resources to take care of the children. The allegations against Davidow were brought up in a group session led by an intern. As stated by an alleged victim per CBS 6 News “He had me slide down my pants and he grabbed my underwear and pulled them down.”[3] Additionally, the alleged victim stated, “I was obviously very tense because it was a very uncomfortable situation and he was like just relax, just relax and he still did not have gloves on.”[4]

The complaint can be found here.

For more information see the CBS News 6 press release.

[1] Laura French, $127M lawsuit filed against doctors, Cumberland Hospital for Children for alleged sexual abuse, CBS News 6, (Oct. 21, 2020, 6:09 PM), https://www.wtvr.com/news/problem-solvers/problem-solvers-investigations/127m-lawsuit-filed-against-doctors-childrens-hospital-for-alleged-sexual-abuse.

[2] Id.

[3] Id.

[4] Id.

Weekly Round Up (November 7, 2019)

A new Trump administration rule could hurt LGBTQ youth in foster care

Foster care agencies could soon turn away prospective foster parents because they are gay or trans, thanks to a rule proposed by the Trump administration on Friday.

The rule would remove language protecting LGBTQ people and others from discrimination in programs funded by grants from the Department of Health and Human Services, according to the Washington Post.

The change would apply to a wide range of programs, including those aimed at HIV prevention and treatment for opioid addiction and other substance abuse. But advocates say it appears targeted at the child welfare system, where it could have devastating effects, including keeping children from finding homes and even funneling them into the prison system.

Read more here . . . 

 

Genesis, 9, draws her family in Matamoros, while her tía watches them from Brownsville, Texas.  I want to leave from here because I can't be happy and I can't sleep,  she writes. She believes there are crocodiles in the Rio Grande river, where many asylum-seekers bathe and wash their clothes.‘They’re Screaming for Help.’ See Drawings From Children Stuck in Mexico as They Seek U.S. Asylum

“America, where they didn’t let me in,” writes 11-year-old Jose from Honduras in Spanish next to a picture of mountains and trees on a canvas in blue, green and brown colors. He also drew a river — the Rio Grande that separates him from Brownsville, Texas, where his family hopes to claim asylum. “La tierra prometida,” he writes. “The promised land.”

Jose is one of at least 1,450 migrants who are living in a tent encampment on the streets of Matamoros, a city in the Mexican state of Tamaulipas, as a result of the Trump Administration’s “Remain in Mexico” policy. Dozens of children in Matamoros drew their experiences as part of an art project, photos of which were provided exclusively to TIME by Dr. Belinda Arriaga, an associate professor at the University of San Francisco who specializes in child trauma and Latino mental health. She traveled to Matamoros Oct. 19-25 as part of a group of volunteers who provided aid and psychological care to migrant children and their families.

Read more here . . . 

 

No More ‘At-Risk’ Students in California

A decades-long effort to change how educators talk about students facing economic or social challenges has been backed by California lawmakers.

bill to remove references to “at-risk youth” and replace the term with “at-promise youth” in California’s Education Code and Penal Code was approved by California governor Gavin Newsom in mid-October. The California Education Code is a collection of laws primarily applying to public K-12 schools. The bill does not change the definition of “at risk,” it merely replaces it with “at promise.”

 “For far too long, the stigmatizing label of ‘at risk’ has been used to describe youth living in difficult situations,” said Assembly member Reginald Byron Jones-Sawyer Sr., lead author of the bill, in an address to the California State Assembly earlier this year.