The Juvenile Justice System & the Legal Rights of LGBTQ+ Youth
LGBTQ+ youth are overrepresented in the juvenile justice and delinquency system, and they face serious health and safety issues while in custody. They also may not receive the rehabilitation services that they are entitled to in those settings. Further, while certain restrictions on freedom are permitted within a juvenile justice institution, they must be reasonably related to a legitimate government interest, such as safety. For example, searches may be necessary, but searches of transgender youth should never be done publicly in order to determine the specifics of a person’s physical anatomy. You should not be subjected to conditions that are punitive or humiliating as part of your experience within the system.
Rights to Safety and Medical Treatment While in Custody
If you are a young LGBTQ+ person in state custody, you have the right to safety, which is derived from the Fourteenth Amendment of the federal Constitution. You have the right to be free from abuse and harassment, and are generally entitled to greater civil rights protections than adults in custody.
You also have the right to receive appropriate medical care as part of the right to safety. For example, if a transgender youth shows the need for medical or psychological care, including transition-related care, and they are not provided with it, their rights have been violated.
All juvenile justice facilities are supposed to have a system to identify and protect youth that may be more vulnerable. LGBTQ+ youth should not be placed with an aggressive population or with sex offenders because they may face a greater risk of harm relative to others in those circumstances due to their gender identity or sexual orientation.
Protections Against Discrimination
Some states have enacted laws or policies to guard against discrimination and harassment within juvenile facilities based on gender identity or sexual orientation. For example, California has enacted the Juvenile Justice Safety and Protection Act to prohibit discrimination against and harassment of LGBTQ+ youth in juvenile facilities.
Moreover, state officials who permit harassment or harm to a young person in custody can be held personally liable through civil lawsuits. Plaintiffs suing a facility or individual for failure to protect based on constitutional violations must prove “deliberate indifference.” This can be proven in different ways and you should consult an attorney to find out the possibility of bringing a successful claim in your state.
