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DHS discrimination against transgender teen alleged

A transgender teenager who identifies as a girl said she was subject to constant abuse and discrimination during 18 months in the custody of Philadelphia's Department of Human Services.

At the Youth Study Center, the 16-year-old teen was placed in the boys' unit, where, she said, staff and residents harassed her despite a judge's order that she be addressed by her preferred female name and female pronouns.

Last week, a national civil-rights group filed a complaint on her behalf with the Pensylvania Commission on Human Relations alleging unlawful discrimination. The commission can enforce state antidiscrimination laws.

The complaint contends she was physically attacked by other residents and orally abused by staff every day for almost a year and a half.

The teen, now 17, is in foster care but is no longer in custody. The Youth Study Center, which was on the Parkway, has been torn down.

"We are seeking the commission to investigate the charges and take appropriate measures to end discrimination and harassment against lesbian, gay, bisexual, and transgendered youth," said Flor Bermudez, a lawyer with Lambda Legal in New York City.

The complaint also asks DHS to adopt "explicit written policies" for staffers on how to meet the needs of lesbian, gay, bisexual, and transgender youths in the city's juvenile justice system.

While DHS has not yet reviewed the complaint, the agency has "made great strides over the last couple of years in handling issues" regarding lesbian, gay, bisexual, and transgender youth, said Alicia Taylor, DHS communications director.

DHS now has a nondiscrimination policy, in May held a town-hall meeting, and posted on its Web site resources for families and youths, she said.

The teen, identified in the complaint as L.P., was born male but has wanted to be a girl since age 9. She has been in DHS custody since she was 11.

In November 2007, the teen was admitted to the Youth Study Center.

During a psychological evaluation in January 2008, she told a social worker that she wanted a vagina and wanted to be "castrated as soon as possible."

The social worker diagnosed gender identity disorder, a condition marked by the persistent discomfort of a person's own sexual anatomy and a strong identification with the opposite sex.

The next month, Common Pleas Court Judge Abram Frank Reynolds ordered that the teen be addressed with her female name and that female pronouns be used when referring to her. He also authorized DHS to administer hormone therapy to the teen to delay puberty.

The complaint contends that staff at the Youth Study Center ignored the order and heaped abuse on her.

One staffer allegedly told her that as long as she had male genitalia, "I'm not going to call you by [her female name]." When she asked for a bra and panties, another staffer hurled an insult and refused to accommodate her.

The complaint states that she filed several formal reports but that administrators failed to discipline the staff.

Residents taunted and insulted the teen, calling her "gay" and "a wannabe girl." When she asked the staff to protect her, the ridicule only escalated to include physical abuse by other residents, the complaint states.

Though she repeatedly asked to be placed with girls, she was kept in the boys' unit, where residents threatened her, it states.

Staff allowed her to spend one night on the girls' unit. That was the only night in the custody of the Youth Study Center that she slept without fear of being harassed and abused, the complaint states.

As a result of the alleged harassment, the teen became depressed and suffered "significant emotional distress," the complaint states.

It contends she was subject to unlawful gender identity discrimination, sex discrimination, and disability discrimination.

 


Contact staff writer Sam Wood

at 215-854-2796 or samwood@phillynews.com.

 

Comments   
Posted 06:03 AM, 11/01/2009
sjjr
She has every right for her gender identity to be respected. There is no way that a transgirl should be housed with males. The DHS needs to educate itself on trans and LGBT issues since this will undoubtedly happen again as more and more trans people come out during their teen years.
Posted 07:09 AM, 11/01/2009
Jean Valjean
So this young man or boy, asks to wear women's clothing, and DHS must provide it? How absurd. DHS must pretend this naked Emperor is wearing clothes, or be sued? What a mess we gotten ourselves into.
Posted 07:17 AM, 11/01/2009
tjinphilly
What is this, 1982? Why do we still feel the need to treat people with medical conditions like freaks. This is pathetic on the part of the staff and each of those involved should be personally sued and terminated from their jobs.
Posted 07:58 AM, 11/01/2009
sjjr
Shame on you Jean Valjean! You're already on the internet, now go google "gender identity disorder." Apparently the DHS isn't the only one who needs a proper education.
Posted 09:06 AM, 11/01/2009
PhillySteve21
I can understand the claim that the ridicule by the staff is wrong...but why in the world should this MALE be put with females in what is essentially a prison for juveniles? HE is a male by physical definition. HE has no "rights" as a female! This person has an illness (a disorder). He should have received proper medical attention (counseling) and that is all...this is ridiculous. For all we know HE is faking it just so he can be placed in the "less dangerous" section of the juvenile detention facility by being placed with females. What a world we live in.
Posted 09:40 AM, 11/01/2009
Beauty
it' time to make a place for transgender -and this "girl" has a right to be whatever she chooses- They shouldn't have put her with the girls or boys...we need to start making arrangements for transgender people...
Posted 09:49 AM, 11/01/2009
runzwithscizzorz
She has the right to be accommodated as a transgender. Perhaps with the female population isn't the answer, but she deserved far better than what happened in the male unit. The staff should be ashamed of their behavior towards this child. Sad story and I hope for the best with the girl treated that way.
Posted 10:00 AM, 11/01/2009
vrmsr
A child of 9 has no clue what sex he or she is and should have been counseled then not when he or she is so screwed up he she has no idea who they are. The problem lies in being exposed to sex at far too young an age and the person responsible for it should be liable for it.
Posted 10:06 AM, 11/01/2009
Sluggo
This he-she should have been placed in the "mental disorder unit". Apparently since he-she "was born male but has wanted to be a girl since age 9" there are deep mental problems here. I wanted to be Superman and be able to fly when I was 9 but I grew up. These people do not need "rights" but need help with their mental disorder.
Posted 10:07 AM, 11/01/2009
NwK
The easiest way for this to be adjudicated is by the Court determining whether there is evidence showing that before the arrest, she had made the determination to switch her gender classification.
Posted 10:12 AM, 11/01/2009
NwK
Nevermind--it seems pretty clear that she be provided adequate remedies for her complaint, which seems entirely valid.
Posted 10:47 AM, 11/01/2009
EVA9601
kids deal with these issues. The child should have been accommodated and accepted to where she felt secure. This is really a tragic and shameful way she was treated. A suit should be filed and rightfully so, an example needs to be set and standards need to be developed to avoid this horrendous behavior in the future.
Comment removed.
Comment removed.
Posted 02:17 PM, 11/01/2009
transexpert
I've transitioned to female myself, have a degree in psychology AND have experience working with troubled youth. Those above who have commented that this person has major mental issues and needs to be locked up in a psych ward at the least need to read everything here (for starters to educate themselves): http://en.wikipedia.org/wiki/Transgender While I may not agree with every point made at the above link, it's a good start. While not all transgender people realize at a very early age that they need to transition, it's quite typical to know from roughly the ages of 5-10 (even younger is possible). As long as the need is strong and persistent into the teens years, then yes the judge's decision on the proper pronouns, housing her with the female prisoners, and hormone therapy is appropriate. Putting her somewhere else likely would mean isolation. From the history of prisons, we know that isolated people typically go insane, as humans are social beings that need interaction. Legally, that also amounts to a "separate but equal" argument equivalent to what people of color endured in the US for a while. Anyone having such gender issues needs to be identified by a therapist and put in the proper prison section by sex with reasonable supervision to prevent such harassment and discrimination. Considering her behavior and the lengths she went through to document her needs, she's obviously NOT faking this. To assume she automatically has mental issues is jumping to conclusions, and even if she does, it's likely traumatic stress (PTSD) caused by the abuse while in custody. Under the new federal hate crime law just passed, she has RIGHTS as transgender. Sadly, since this case predates the federal hate crime law, the people responsible may not be punished, unless her state provided additional protection laws at that time.
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