Or. Admin. R. 416-435-0050 - Management of Youth who Identify as Transgender, Gender Diverse, Gender Fluid, or Intersex
(1)
Searches
(a) When a YIC identifies as
transgender, gender diverse, gender fluid, or intersex upon the YIC's
commitment to OYA, designated staff must ask the YIC whether the YIC prefers
that a male or female staff conduct the YIC's required physical
searches.
(b) When a YIC identifies
as transgender, gender diverse, gender fluid, or intersex during initial intake
into a youth correction facility, designated staff must ask the YIC whether the
YIC prefers that a male or female staff conduct the YIC's required physical and
visual searches.
(c) If the
preferred staff gender identify is not the same as the YIC, the SOGIEC must
review and approve or deny the YIC's preference.
(d) Staff must accommodate the YIC's stated
preference, except if the SOGIEC has denied the accommodation, or during
exigent circumstances.
(e) If a YIC
who was not identified as transgender, gender diverse, gender fluid, or
intersex upon OYA commitment or during initial intake into a youth correction
facility later identifies as transgender, gender diverse, gender fluid, or
intersex, staff must follow the process described in subsection (1)(a) or (b)
above regarding preferred required searches.
(2) Urinalysis testing
(a) Staff must ask a transgender, gender
diverse, gender fluid, or intersex YIC whether the YIC prefers that a male or
female staff conduct the YIC's urine collection process when a urine sample is
required for substance use testing.
(b) If the preferred staff's gender identity
is not the same as the YIC, the SOGIEC must review and approve or deny the
YIC's preference.
(c) Staff must
accommodate the YIC's stated preference, except during exigent circumstances,
when a preferred staff is not available, or the SOGIEC has denied the
accommodation.
(3)
Bathrooms and showers in youth correction facilities
(a) Staff must provide transgender, gender
diverse, gender fluid, and intersex YICs the opportunity to shower and dress or
undress separately from other YICs.
(b) Staff must not require YICs to shower
separately, dress or undress separately, or use different bathrooms based
solely on actual or perceived gender identity or sexual orientation.
(c) Staff must discuss safety planning with
YICs who report safety concerns with using bathrooms or showers designated for
all-YIC use.
(4)
Clothing, grooming, and personal items
(a)
Staff may respond to requests by transgender, gender diverse, gender fluid, and
intersex YICs for clothing, undergarments, grooming items, and other personal
items that are consistent with the YIC's gender identity, or may forward such
requests to the SOGIEC for consideration. Generally acceptable items include
underclothes of the YIC's identified gender, gaffs, compression underwear,
chest binders, and stand-to-pee or packer devices.
(b) Each request must be considered and
evaluated on a case-by-case basis.
(c) In responding to such requests, staff or
the SOGIEC, as appropriate, must consider the YIC's individual circumstances,
including but not limited to the YIC's gender identification, gender
expression, behavior and programming needs, safety, mental health, and medical
needs and diagnosis.
(d) In
responding to such requests of YICs placed in youth correction facilities,
facility staff or the SOGIEC, as appropriate, must also consider the safety and
security of the facility, staff, and other YICs.
(e) Any clothing, grooming items or other
personal items provided to YICs in youth correction facilities following
approval of such a request must be consistent with:
(A) Agency rules and policies pertaining to
male or female programs; and
(B)
The YIC's reformation plan.
(5) Preferred name and pronouns
(a) Staff must use a transgender, gender
diverse, gender fluid, or intersex YIC's consistently-preferred name and
pronouns when referring to the YIC.
(b) Notwithstanding subsection 5(a) above,
staff must use the YIC's legal name under these circumstances:
(A) When requested by the YIC; and
(B) In all written records including court
documents, medical records, clinical or other service referrals, and
demographical entries in the Juvenile Justice Information System (JJIS).
(6) The
SOGIEC may collaborate with a transgender, gender diverse, gender fluid, or
intersex YIC's treatment team to address other requests or questions raised by
the YIC, using the method and criteria set forth in section (4)
above.
Notes
Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010, ORS 420A.014 & ORS 420A.015
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