Know Your Rights Guide: Chapter 16 - LGBTQIA Protections

Jennifer Pokempner, May 13, 2020

All youth in the foster care system deserve to be treated with respect, to be safe, have their needs met and to be supported in achieving their goals. Youth who identify as Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Intersex or Asexual (LGBTQIA) deserve the same protections and support as all young people. Like all youth, they also have the right to be accepted and affirmed. This chapter provides information on some of the specific laws and requirements that exist to protect LGBTQIA individuals specifically as well as how laws that apply to all youth may be useful to you.

Are youth in foster care who identify as LGBTQIA protected from discrimination and bad treatment?

Yes. While Pennsylvania does not have one law that prevents discrimination for young people in the foster care system based on their LGBTQIA status, the following laws protect you from discrimination and bad treatment and can be used to help ensure that the identity you choose if supported.
- Protection under the Children in Foster Care Act: This law requires that all youth in care:
  - Be treated with fairness, dignity and respect;
  - Be free from harassment;
  - Be free from discrimination because of gender; and
  - Have the ability to live in the least restrictive, most family-like setting that is safe, healthy and comfortable and meets the child's needs.¹
- Protection under the Juvenile Act: This law requires that all youth in the foster care system be provided with services that provide them safety, protection and meet their physical and emotional needs.²
- State regulations for group care: State regulations that cover all group homes, institutions, and transitional living placements prohibit discrimination based on sexual orientation.³
- Municipal/City Ordinances of Laws: Some counties and cities in Pennsylvania have enacted local laws that do prohibit discrimination based on sexual orientation. For example, Philadelphia⁴ and Pittsburgh⁵ have protections against discrimination based on sexual orientation. You can check out this website to find out what other counties or cities in PA have similar protections.

What should I do if I am being harassed, discriminated or treated badly against because of my sexual orientation or gender identity?

You deserve to be safe and if you ever feel unsafe or you are being harmed, you should get help immediately by calling your caseworker or his or her supervisor. If it is an emergency, you should call 911.
If you are being treated badly or different than other youth because of your LGBTQIA you should:
- Talk to your case worker and go up their chain of command if you are not getting a response.
- Talk to your lawyer. Your lawyer’s job is to advocate for you and protect your interests. If you tell your lawyer about your concerns, they can help you file a grievance, advocate on your behalf to the county agency, raise the issue at your next court hearing, or ask for an earlier hearing. For more information about attorneys and court hearings, see Chapter 18.
- File a grievance. Each county’s children and youth agency and private providers of child welfare services must have a grievance policy in place and must inform youth of the policy and how to file a grievance. The agency must assist youth with filing a grievance. For more information about grievances, see Chapter 17.
- If you live in a city or county with additional discrimination protections, you may also be able to file a complaint with your local government. For example, youth in Philadelphia can file a complaint with the Philadelphia Commission on Human Relations for violations of the local nondiscrimination ordinance.