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ERIC Number: EJ740103
Record Type: Journal
Publication Date: 2006
Pages: 24
Abstractor: Author
ISBN: N/A
ISSN: ISSN-0009-4021
EISSN: N/A
The Legal Rights of LGBT Youth in State Custody: What Child Welfare and Juvenile Justice Professionals Need to Know
Estrada, Rudy; Marksamer, Jody
Child Welfare, v85 n2 p171-194 Mar-Apr 2006
Youth in state custody, regardless of their sexual orientation or gender identity, have federal and state constitutional and statutory rights. These rights guarantee a young person safety in their placement as well as freedom from deprivation of their liberty interest. Many lesbian, gay, bisexual, and transgender (LGBT) youth have these rights violated on a regular basis. Many cases in both the child welfare and juvenile justice contexts have resulted in extensive and time-consuming consent decrees as well as sizable damages awards. Knowledge of a youth's legal rights can help providers avoid legal liability while creating a safer and healthier environment for LGBT youth. This article provides a general overview of the successful federal legal claims that youth in the child welfare and juvenile justice systems have made, discussion of the rights generated as a result, particle application of these rights to the experiences of LGBT youth with hypothetical scenarios, a focus on specific rights that emanate from certain state laws, and a focus on specific concerns of transgender youth. (Contains 3 footnotes.)
Child Welfare League of America. P.O. Box 932831, Atlanta, GA 31193-2831. Tel: 800-407-6273; Tel: 770-280-4164; e-mail: order@cwla.org; Web site: http://www.cwla.org/pubs.
Publication Type: Journal Articles; Reports - Descriptive
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Grant or Contract Numbers: N/A