The Unfair Criminalization of Gay, Transgender, and Gender Nonconforming Youth

https://www.americanprogress.org/issues/lgbt/reports/2012/06/29/11730/the-unfair-criminalization-of-gay-and-transgender-youth/

This article does a great job of highlighting several issues within the juvenile justice system that specifically relate to the LGBTQ+ population. It suggests the need for policy change and an overall cultural shift in the juvenile justice system rather than any sort of quick fix that has been pushed in the past. According to the author, gay, transgender, and gender nonconforming youth are significantly over-represented in the juvenile justice system--with about 300,000 gay and transgender youth being arrested and/or detained each year. Gay and transgender youth represent 5-7% of the overall youth population, but make up 13-15% of the current juvenile justice system. This article points out the unfair criminalization of these individuals by acknowledging that these high rates are the result of youth abandonment/rejection by families and communities, abuse, homelessness, and victimization in the school system. Unfortunately, many gay and transgender youth who leave their homes simply to protect themselves from hostility and abuse end up in temporary placements, and are likely to end up being homeless, which is the greatest predictor of involvement in the juvenile justice system. In fact, this article claims that transgender youth make up about 40% of the homeless youth population. Once these children enter the juvenile justice system, the individuals with which they interact and work with are not trained to work with the unique experiences and challenges that gay, transgender, and gender nonconforming youth face. These leads to more harm by unfairly criminalizing these youth and subjecting them to discriminatory and harmful treatment within the system.

The article delves into this issue in much greater detail and explains the unfair criminalization of the LGBTQ+ population. All of the issues mentioned are extremely important for us to consider as social workers. Additionally, we need to consider some ways in which we can create change and push a cultural shift toward more competent supports. The article suggests the following practical recommendations:

• Promotion of family center interventions
• Gay and transgender inclusive training for all juvenile justice professionals 
• Development of gay and transgender inclusive policies, procedures, and programs
• Gay and transgender inclusive data collection by the Office of Juvenile Justice and Delinquency Prevention
• Dismantle the school-to-prison pipeline for all youth and for gay and transgender youth in particular
• Pass the Safe Schools Improvement Act and the Student Nondiscrimination Act
• Gay and transgender cultural competence in Safe Schools/Healthy Students
• Amend the Sex Offender Registration and Notification Act
• Reauthorization of the Juvenile Justice and Delinquency Prevention Act
• Passage of Federal Legislation Prohibiting Gay and Transgender Discrimination in the juvenile justice system.

I think that it is important to mention that all of the recommendations mentioned above need to include interventions, training, and support for gender nonconforming youth as well. Especially in terms of training professionals who interact with this population, it's crucial to recognize the unique needs of all of the overrepresented groups within the juvenile justice system. Throughout the article, gender nonconforming youth were specifically mentioned frequently, but were not included in the conversation regarding recommendations for change. Lastly, I think that the juvenile justice system should place individuals in settings based on their gender identity or personal choice rather than the sex on their birth certificate or their genitals. By placing individuals in settings based on their birth certificate/genitalia alone, it places them at a greater risk for violence, sexual assault, and harassment while in detention facilities.