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.

10 Missing Children Cases Potentially Linked to Greek Mystery Girl

http://news.yahoo.com/mystery-girl-greek-roma-camp-abandoned-mother-lawyers-181620606.html

From Elinda Labropoulou and Laura Smith-Spark at CNN:

About 10 cases of missing children are “being taken very seriously” in connection with the suspected abduction of a girl by a Roma couple in Greece, a spokesman for a Greek children’s charity said Tuesday.

“They include children from the United States, Canada, Poland and France,” said Panagiotis Pardalis of the Smile of the Child charity.

In a case that has generated huge interest in Greece, authorities have charged the Roma couple with abducting the child they call “Maria.” They appeared in court Monday and were remanded into custody pending a trial.

A lawyer for the couple says the pair adopted the child from her biological mother.

The Smile of the Child said the girl, who was found Thursday in a Roma community near Larissa, central Greece, is now being cared for in a group home.

Medical tests carried out on the girl since she was found indicate she is between 5 and 6 years old, slightly older than initially thought, said Pardalis.Police have said they are suspicious of the records the couple provided for the child and for other children in their care. In addition to the abduction charge, the couple is accused of falsifying official documents.

Four officials, including the head of the registry office from which Maria got her birth certificate, have been suspended while a police investigation is under way, the media office of the Athens municipality said Tuesday.

The girl received the document this year, it said. It is unusual for a birth certificate to be issued years later.

1,000 years of Roma discrimination

Authorities asked questions about Maria because she has fair skin and blond hair, while her parents have darker complexions typical of Roma, a race descended from Indian nomads who face widespread discrimination in Europe.

Haralambos Dimitriou, head of the local Roma community, said the couple took the girl in because her Bulgarian mother couldn’t keep her. He said Maria was raised like a “normal” child.

Pardalis said Sunday that she was found in “bad living conditions, poor hygiene.”

Calls about the girl

Thousands of calls poured into Greece after authorities released photos of the girl last week.

Deborah Bradley and Jeremy Irwin, whose daughter Lisa Irwin vanished from their home in Kansas City, Missouri, two years ago aged about 11 months, asked the FBI to get in touch with Greek authorities when they heard about the case.

“There is no such thing as a tip too small,” said Bradley, whose hopes were raised despite the apparent disparity in age between their missing daughter and the girl found in Greece.

Authorities released photos of the two adults charged in the case Monday — Eleftheria Dimopoulou, age 40, and 39-year-old Christos Salis — in the hope that the publicity would reach someone who can provide more information about them.

Police said the blond child looked nothing like the man and woman with her, and DNA testing confirmed that they were not her biological parents.

A police statement said the couple “changed repeatedly their story about how they got the child.”

A government news agency said police found suspicious birth and baptism records as well as family registrations that claimed the woman had given birth to 10 children and the man was the father of four more.

Prejudice against the Roma

Prejudice and discrimination against the Roma are widespread in Greece and elsewhere in Europe, Amnesty International says.

Maria’s case plays into old prejudices about them stealing children for forced labor.

Pardalis mentioned such a possibility, saying, “We don’t have any other information if this girl was forced to work or to beg on streets.”

And the government news agency raised “the possibility of the existence of a ring bringing pregnant women to Greece from Bulgaria and then taking their children for sale.” The agency also cited past “reports” that empty coffins were found for infants who supposedly were stillborn to foreign mothers in Athens.

While there is a risk that old prejudices are at work here leading to these suspicions, DNA tests can prove who her parents are as well as the other 10 missing children. This story has given more light to the grave issue of human trafficking. Not only is human trafficking prevalent in the rest of the world, it is sadly all too common in the United States, with Houston, Texas as a hub for trafficked victims.

Tuesday’s Children and the Law News Roundup

Missouri’s Juvenile Justice System in Crisis, Finds Report, Washington University in St. Louis

Missouri has been held out as a model for juvenile corrections programs, but the court system that puts young people into these programs is in crisis, finds a recent report by the National Juvenile Defender Center (NJDC).

“Many young people in Missouri wind up having to defend themselves in our juvenile courts – and sometimes from behind bars,” says Mae C. Quinn, JD, professor of law and co-director of the Civil Justice Clinic at Washington University in St. Louis.

“These young people deserve counsel to assist them throughout the juvenile court process, but due to inadequate funding and the problematic –potentially unconstitutional – structure of Missouri’s juvenile court system, this is not happening.”

Minnesota Faces Special Education Teacher Shortage, Education Week

The shortage in educators trained in special education is an old story, but the Minneapolis Star Tribune provides depth to the issue in an recent article which notes that while more than 800 special education teachers quit in last school year, only 417 new special educator teaching licenses were granted in that timeframe.

As a result, the state is relying more on teachers who do not have special education training, teachers are traveling hundreds of miles to provide services at far-flung schools, and specialists are working with students over the Internet, the article says. The piece also notes the paperwork burden on teachers, and the fears they have of some of their students, who may have problems with aggression. From the piece:

New Report Details Numerous Problems in Tennessee’s Child Welfare System, Juvenile Justice Information Exchange

A report released last week by the Tennessee Commission on Children and Youth (TCCY) calls for the state’s Department of Children’s Services (DCS) to step up its efforts in meeting the needs of young people with psychological and other health problems. The assessment, “Kids Count: The State of the Child in Tennessee,” finds that more than half of Tennessee’s foster care youth have mental illnesses, while approximately nine-out-of-10 youth in the state’s juvenile facilities are estimated to have mental health issues.

Earlier this year, a national Annie E. Casey Foundation report listed Tennessee as the 10th worst state for “food hardship” among children, with both Knoxville and Memphis ranked among the 25 worst metro areas for food insecurity.