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

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Rights of LGBTQIA2S+ Youth in Foster Care

Citation: Rev. Stat. § 587A-3.1

A child in foster care shall have the right to be treated fairly and equally and receive care and services that are culturally responsive and free from discrimination based on race, ethnicity, color, national origin, ancestry, immigration status, gender, gender identity, gender expression, sexual orientation, religion, physical and mental disability, pregnancy or parenting status, or the fact that the child is in foster care.

Supports for LGBTQIA2S+ Youth in Care

Citation: Rev. Stat. §§ 587A-3.1; 453J-1

A child in foster care has the following rights:

  • To receive medical care, dental services, corrective vision care, and mental health services
  • To be able to participate in extracurricular, enrichment, cultural, and social activities
  • To attend school and to remain in their school of origin unless it is determined not to be in their best interests

No person who is licensed to provide professional counseling shall engage in or attempt to engage in conversion therapy on a person who is younger than age 18.

'Conversion therapy' means any practices or treatments that seek to change an individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender.

Placement Considerations

Citation: Rev. Stat. § 587A-3.1

A child in foster care has the right to live in a home that is free from physical, psychological, sexual, and other abuse.

Caregiver Qualifications

This issue is not addressed in the laws and policies reviewed.

Definitions

This issue is not addressed in the laws and policies reviewed.