Evaluation
*Policy on file is specific to juvenile offenders. Policy for adult offenders was not provided.
As part of the intake process, every resident shall be requested, but not required, to complete the Sexual Orientation, Gender Identity, and Gender Expression (SOGIE)…. The Superintendent shall determine the resident’s immediate housing placement until a final decision is made and implemented as the result of a further, more in-depth assessment by the multidisciplinary team as set out below. In the case of a transgender or intersex resident, the housing placement shall be consistent with the gender identity of the resident, except when placement in such housing would create a risk to safety, security, or orderly management of the facility. In the case of a resident who is gender nonbinary, the housing placement shall be in accordance with the resident’s preference, except when placement in such housing would create a risk to safety, security, or orderly management of the facility.
Diagnosis
Health care staff shall request the resident, if 18 years of age or older, to sign any necessary release of information to obtain the appropriate health care records. If the resident is under 18 years of age, the Superintendent, or designee, shall sign the release. Under no circumstances shall a resident’s parent or, if applicable, guardian be asked to sign a release to obtain health care records. Appropriate health care staff shall determine whether a transgender, gender nonbinary, or intersex resident requires an evaluation for gender dysphoria, an expedited medical and/or mental health assessment, or medical and/or mental health counseling or treatment.
Medicalization
Medical or mental health care decisions shall be made by the relevant health care provider or licensed clinician, as appropriate. Under no circumstances may a resident be prescribed hormonal treatment or other transition related medical care unless it is medically necessary, not contraindicated, and the resident consents to the treatment.
Requirements for Transfer to Women’s Facility
Within five (5) working days of the intake to the facility of a juvenile resident who reports as transgender, gender nonbinary, or intersex during intake or within five (5) working days of the report to staff by a resident who reports as transgender, gender nonbinary, or intersex after intake, the Superintendent, or designee, shall convene a meeting of a multidisciplinary team. Within three (3) working days of receiving the recommendations from the team, the Superintendent, or designee, shall make the final decisions as to all of the team’s recommendations, except in relation to medical or mental health care. *Unless safety, security, or orderly management considerations dictate otherwise, decisions about type of housing and searches shall be consistent with a transgender or intersex resident’s gender identity or, in the case of a gender nonbinary resident, consistent with their preference. No diagnosis of Gender Dysphoria is required.
Limits based on type of crime committed?
None addressed
Re-Evaluation required?
The Superintendent shall reconvene the team within three (3) months of the initial meeting to review its recommendations. This review shall include whether the recommendations need to be changed. Specific attention shall be given to any risks to safety reportedly experienced by the resident. The Superintendent shall reconvene the team every three (3) months thereafter to review its recommendations. The Superintendent may reconvene the multidisciplinary team to review its recommendations at any other time the Superintendent deems it appropriate, including due to risks to safety of the resident or other residents, at the request of staff, or at the request of the resident.
Pronoun requirements?
When a facility staff, volunteer, or student intern is addressing a juvenile resident by first name, the person shall address a transgender, gender nonbinary, or intersex resident by the resident’s preferred first name. When a facility staff, volunteer, or student intern uses a pronoun in reference to a transgender, gender nonbinary, or an intersex resident, the person shall use a pronoun that reflects the resident’s preference.
Merging of “transgender” and intersex categories?
Yes
