New policy for transgender children in juvenile jails

By The Associated Press

Friday, June 20, 2008 9:47 AM EDT

SYRACUSE - Transgender youth in New York's juvenile detention centers can now wear whatever uniform they choose, be called by whatever name they want and ask for special housing under a new anti-discrimination policy that advocacy groups say is among the nation's most progressive.
“New York is way ahead of the curve,” said Roberta Sklar, a spokeswoman for the National Gay and Lesbian Task Force.

“When you have a system like the New York Office of Children and Family Services putting out a clear nondiscrimination policy, it should be seen as a model for similar kinds of agencies all over the country,” she said.

The policy went into effect March 17, the same day Gov. David Paterson was sworn into office to replace the disgraced Eliot Spitzer. Last month, Paterson directed all state agencies to immediately recognize same-sex marriages legally performed elsewhere as valid in New York.

Paterson spokesman Errol Cockfield said the policy reflects the state's intention to be “tolerant, responsive and respectful” of gender identity and gender expression issues.

In a 2001 report, the center found that gay, lesbian, bisexual and transgender youth routinely experienced discrimination, harassment and violence in New York's juvenile justice system. The state runs 30 juvenile centers with a total of about 1,200 residents. OCFS officials estimate that there are between 20-30 transgender youth in its system.

The OCFS policy prohibits staff from asking residents about their sexual orientation or gender identity and provides that any disclosure must be voluntary.

The policy also directs staff to talk to youth when they decide to reveal themselves.

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