Sample Policies & Standards of Care

This is Rhode Island’s current Board of Regents policy statement on discrimination based on sexual orientation. Please visit The Child Welfare League of America and the American Civil Liberties Union for examples of anti-discrimination and harassment policies that are inclusive of LGBTQQ youth, as well as suggestions for how to create inclusive policies.

RHODE ISLAND BOARD OF REGENTS POLICY STATEMENT ON DISCRIMINATION BASED ON SEXUAL ORIENTATION

The Rhode Island Board of Regents for Elementary and Secondary Education recognizes that full access of all people and groups to educational opportunities and full participation in educational experiences should be the policy and practice of educational agencies. All individuals and groups must be afforded the opportunity to participate fully and thereby reach their maximum potential. Barriers to student participation which are based on sexual orientation must be identified and removed.

Certain students, because of their actual or perceived sexual orientation, have been subject to discrimination through abuse, harassment, or exclusion from full participation in educational activities. These conditions undermine the goals of Civil Rights activities in education; i.e., to remove barriers, promote non-discrimination and support the provision of equal educational opportunities. The Board also recognizes that all students, without exception, have the right to come to school and feel safe.

Therefore, it is the Policy of the Board of Regents that no student shall be excluded from, discriminated against, or harassed in any educational program, activity or facility in a public school on account of sexual orientation or perception of same. The policy shall apply to admissions, guidance, recreational and extra-curricular activities as well as all public educational programs and activities.

Each local school district is urged to review programs, services and activities to assure that such offerings are conducted in a manner that is free of inadvertent or intentional bias. Each local school district is also urged to prohibit harassment based on sexual orientation through the development and enforcement of appropriate student and staff behavior and disciplinary policies.

Staff of the Rhode Island Department of Education will be available to assist school districts in the development and implementation of appropriate policies consistent with the Regents' Policy Prohibiting Discrimination Based on Sexual Orientation.

State of Rhode Island and Providence Plantations, Department of Education, May 30, 1997.

Standards of Care

Listed below are two examples of state standards of care (for Illinois and Connecticut) that YPI believes are most inclusive and supportive of lesbian, gay, bisexual, queer and questioning (LGBTQQ) youth.

ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES ASSESSMENT AND TREATMENT OF LGBTQ YOUTH

Purpose: This Policy Guide replaces Policy Guide 2002.17 dated December 23, 2002 the purpose of which was to establish procedures to promote the adjustment and well being of lesbian, gay, bisexual, transgender and questioning (LGBTQ) youth, and to set froth procedures for the assessment and treatment of mental health issues of DCFS/POS wards presenting with LGBTQ identity concerns. Through these procedures, the Department is providing guidance to staff and improving coordination of services for wards and their families. To be effective, all child welfare workers must receive ongoing training and education to fully understand the needs and issues confronting LGBTQ youth, as they come to terms with their sexual orientation and/or gender identity.

Child welfare workers do’s and don’ts when working with LGBTQ youth

DO’S

1. Children welfare staff must seek consultation immediately with the consultants identified below in Section VIII on all cases involving children and youth having known or suspected sexual orientation or gender identity issues.
2. Child welfare staff should always respect and maintain a youth’s privacy regarding his or her sexual orientation or gender identity. Never disclose this information without the youth’s permission. To ensure safety and privacy, any observation, suppositions or conclusions regarding a youth’s perceived or stated sexual orientation should be referred to only in case notes.
3. Child welfare staff must consider their own attitudes, beliefs, prejudices and lack of knowledge surrounding issues of sexual orientation and gender identity.
4. When there is a risk of impending emotional or physical harm to the youth in his or her placement due to his or her sexual orientation or gender identity issues, child welfare staff will consider the removal of the ward from that placement when the risk cannot be mitigated.
5. Document only service recommendations in the ward’s service plan, as they relate to specific daily living, emotional or behavioral concerns. Child welfare staff will implement recommendations made from expert consultation within five working days of the consultation.

DONT’S

1. Do not make written reference to a youth’s sexual orientation or gender identity.
2. Never address youth with sexual orientation or gender identity concerns as deviant or pathological.
3. Do not contact or seek treatment services for the purposes of changing a youth’s sexual orientation or gender identity.

STATE OF CONNECTICUT DEPARTMENT OF CHILDREN AND FAMILIES MEMORANDUM TO ALL STAFF RE: THE SAFE HARBOR PROJECT

As a child welfare agency, the Department is committed to meeting the needs of all of the children we serve in a culturally competent and affirming manner. As a part of this commitment I would like to inform you that in September of 2001 we established a partnership with True Colors, Inc. Sexual Minority Youth and Family Services of Connecticut to create The Safe Harbor Project. This project was developed to address the unique needs of LGBT youth and families. There are four specific components of this project. They include:

1. The establishment of a joint DCF staff and community providers steering committee tasked with identifying and resolving gaps in service for LGBT youth in our care.
2. Foster parent recruitment and outreach designed to create safe, affirming homes for adolescents regarding of their sexual orientation. These efforts are currently being facilitated through our Office of Foster Care and Adoption Services (OFAS) and the Connecticut Association of Foster and Adoptive Parents (CAFAP).
3. Mentoring designed to provide guidance and direction for LGBT youth or LGBT questioning youth.
4. Training designed to ensure culturally competent, unbiased services for LGBT or LGBT questioning youth in our care.

Mission: To educate and implement appropriate culturally competent, LGBT affirming, unbiased service training for foster and adoptive parents and providers surrounding the issues and problems specific to sexual minority youth. The Safe Harbor initiative seeks to enforce protection, support and equality of all children, regarding of their sexual orientation.

Narrative and Background: Life in foster or other state care is difficult for all young people, but for LGBT youth, that stress is compounded by anti-gay bias, rigid gender roles and adults largely unequipped to protect and support them notwithstanding their difference.

A number of studies* provide compelling evidence that the stigma associated with development of a sexual minority identity puts LGBT youth at significantly higher risk for truancy, homelessness, substance abuse, depression, sexual acting out and suicide – issues that often lead them into contact with child welfare and juvenile justice systems that are ill-equipped to respond to their needs in culturally competent ways.

Fontaine, J.H. & Hammond, N.L. (1996). Counseling issues with gay and lesbian adolescents. Adolescents, 31(124); McDonald, J. (2003). Illinois department of children and family services. Excerpts from policy guide 2003.02, Assessment and treatment of LGBTQ; Ragaglia, K. (2002). State of Connecticut department of children and families. Excerpts from memorandum to all staff.