Published January, 2006
The Legal Rights of LGBT Youth in State Custody: What Child Welfare and Juvenile Justice Professionals Need to Know, Rudy Estrada and Jody Marksamer, 85 CHILD WELFARE, 171 (2006)
This article provides a guide for advocates representing LGBT youth in the child welfare and juvenile justice systems. All youth in state custody, re- gardless of sexual orientation or gender identity, are guaranteed rights to physical safety and prevention of psychological harm under the Consti- tution and state laws. Despite these legal protections, LGBT youth in state custody are often unlawfully confined and/or discriminated against because of their sexual orientation or gender identity. The authors identify the legal rights of LGBT youth, provide an analysis of key cases, focus on the specific concerns of transgender youth and provide broad overview of LGBT-related state laws, some of which provide broader protection than the federal Constitution.
Copyright Information: CHLP encourages the broad use and sharing of resources. Please credit CHLP when using these materials or their content. and do not alter, adapt or present as your work without prior permission from CHLP.
Legal Disclaimer: CHLP makes an effort to ensure legal information is correct and current, but the law is regularly changing, and the accuracy of the information provided cannot be guaranteed. The legal information in a given resource may not be applicable to all situations and is not—and should not be relied upon—as a substitute for legal advice.