Gender Affirming Placement of
Children and Youth in
California Foster Care
Gender Spectrum Professional Symposium
July 8, 2016
The audacity to fight for justice.
The perseverance to win.
Objectives
To understand
• Gender identity and expression
• TGNC children in foster care
• Gender affirming services
The audacity to fight for justice.
The perseverance to win.
Needs of TGNC
children
• Risks associated with stigma and rejection
• Same inherent capacity for health,
happiness, and success
• Adults play a critical role
• Importance of gender affirming policies
and practices
The audacity to fight for justice.
The perseverance to win.
TGNC children in
foster care
• Overrepresented
• Same risks as peers and additional
challenges
• Systemic failures
• Systemic successes
The audacity to fight for justice.
The perseverance to win.
SOGIE Basics
Male
Male
Sex Assigned at Birth
Anatomy, chromosomes, hormones
Intersex
Gender Identity
Psychological sense of self
bi-gendered/two-spirit/3rd gender
Masculine
Attracted to women
Gender Expression
Communication of gender
Androgynous
Female
Female
Feminine
Sexual Orientation
Romantic, erotic response
bisexual/pansexual/asexual Attracted to men
The audacity to fight for justice.
The perseverance to win.
The audacity to fight for justice.
The perseverance to win.
The audacity to fight for justice.
The perseverance to win.
“Let us not forget that this great
nation was founded by a bunch
of men wearing wigs.”
The audacity to fight for justice.
The perseverance to win.
The audacity to fight for justice.
The perseverance to win.
The audacity to fight for justice.
The perseverance to win.
Gender identity
development
•
•
•
•
•
Innate or fixed at early age: 18 mos – 3 yrs
Not subject to voluntary control
Gender nonconforming behavior
Transgender identity
Gender dysphoria
The audacity to fight for justice.
The perseverance to win.
Assessing needs of
TGNC children
• Affirm the child’s gender as it is expressed
and experienced by the child
• Consult with adults who know the child
• If necessary, consult with gender specialist
The audacity to fight for justice.
The perseverance to win.
Foster Care
Nondiscrimination Act
AB 458
•
•
•
•
Nondiscrimination policy
Training
Gender inclusive practices
Prohibit attempts to “convert” TGNC
children
• Ensure safety and respect autonomy
The audacity to fight for justice.
The perseverance to win.
Competent health
care
• Individualized approach that permits
TGNC children to explore and develop GI
in at atmosphere of support and
acceptance
• Social workers are not responsible for
determining appropriate treatment
protocols
The audacity to fight for justice.
The perseverance to win.
Conversion therapy
• Includes formal therapy and informal
“counseling”
• AB 1172: applies to licensed therapists
• Intervene to protect children from efforts to
change their gender identity or expression
• Court order if necessary
The audacity to fight for justice.
The perseverance to win.
SB 731
• Gives foster children in CA the right to
placements that are consistent with their
gender identity
• Sex segregated facilities or units
• Room sharing
The audacity to fight for justice.
The perseverance to win.
Placement
• AB 403– The Continuum of Care Reform
– Priority placements with family and extended family, new approval
process
– Child and family teams for every child –advocate for SOGIE knowledge
on every team
– Assessment driven process
– Training required for all staff and caregivers
– Limits use of group homes/res. tx,
– Youth in lower levels of group care will be moved—where will the LGBT
kiddos go?
• Opportunity to work with families to minimize rejection and
maximize acceptance
The audacity to fight for justice.
The perseverance to win.
TGNC children at
school
• SB 777 (prohibits discrimination)
• AB 1266 (access to sex segregated
programs and facilities consistent with GI)
• Ensure safety
• Ensure gender affirming school climate
The audacity to fight for justice.
The perseverance to win.
Privacy
•
•
•
•
•
•
GI information is private
Do not “out” TGNC children
Balance pros and cons of disclosure
Obtain child’s consent
Prioritize child’s welfare and autonomy
Third parties not entitled to information
The audacity to fight for justice.
The perseverance to win.
Practice issues
• Challenges: perceived and real---don’t assume the worst—
assume the best! When actually asked, many caregivers are
welcoming and willing to become affirming
• Partner with the collateral folks—CASA’s and attorneys
• Overcoming resistance—Don’t get stuck!
figure it out—it is social work
• Setting expectations—expect that ALL youth will be affirmed
and supported and cared for
• Be REAL with the youth—ask them what they want, where
they are most comfortable; for GNC and non-binary kiddos
seek non-gendered placements and let the youth have voice
and choice
The audacity to fight for justice.
The perseverance to win.
Presenters
Jill Jacobs
Executive Director
Family Builders
[email protected]
Shannan Wilber
Youth Policy Director
National Center for Lesbian Rights
[email protected]
The audacity to fight for justice.
The perseverance to win.