Protecting the Rights and Providing Appropriate Services to LGBTQIA2S+ Youth in Out-of-Home Care - Delaware

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Rights of LGBTQIA2S+ Youth in Foster Care

Citation: Ann. Code Tit. 13, § 2522; Admin. Code 16-5000-5100, § 1006

All dependent, neglected, and abused children in the custody of the Department of Services for Children, Youth and Their Families (DSCYF) shall have the following rights:

  • To be free from abuse or neglect
  • To have their confidentiality protected as required by State and Federal law

In regulation: All persons receiving any care or services from the Division of Social Services will not be subject to discrimination of any kind on the grounds of race, color, national origin, sex, sexual orientation, gender identity, religious creed, age, or disability.

Supports for LGBTQIA2S+ Youth in Care

Citation: Ann. Code Tit. 13, § 2522; Tit. 29, § 9003(b); Tit. 24, § 1731

All children in DSCYF custody have the right to the following:

  • To have assistance in obtaining access to needed medical, vision, and dental treatment
  • To have assistance in obtaining access to necessary and appropriate mental health if the need for such treatment is identified
  • To have assistance in obtaining access to an education, at their schools of origin when feasible, with minimal disruption to their education when they are placed in DSCYF custody
  • To have the opportunity to participate in age-appropriate or developmentally appropriate activities and experiences to promote healthy development

For purposes of this subsection, 'conversion therapy' means any practice or treatment that seeks to change an individual's sexual orientation or gender identity, as 'sexual orientation' and 'gender identity' are defined in title 19, § 710, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender.

DSCYF may not engage in conversion therapy with a child or recommend that a child receive conversion therapy.

A person licensed to practice medicine may be disciplined for unprofessional conduct for either of the following:

  • Engaging in conversion therapy with a child
  • Referring a child to a provider in another jurisdiction to receive conversion therapy

Placement Considerations

Citation: Ann. Code Tit. 13, § 2522

All children in the custody of DSCYF have the right to receive appropriate placement services.

Caregiver Qualifications

Citation: Admin. Code 16-5000-5100, § 1006

The staff development and training program emphasizes that all persons receiving any care or services from or through the division will not be subject to discrimination of any kind on the grounds of race, color, national origin, sex, sexual orientation, gender identity, religious creed, age, disability, political beliefs, or limited English proficiency.

Definitions

Citation: Ann. Code Tit. 19, § 710

'Gender identity€ means a gender-related identity, appearance, expression, or behavior of a person, regardless of the person's assigned sex at birth. 'Sexual orientation' includes heterosexuality, homosexuality, or bisexuality.