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

Rights of LGBTQIA2S+ Youth in Foster Care

Citation: Admin. Code § 5101:2-5-35

A child placed in out-of-home care has the right to protection against being discriminated against or harassed based on sex, gender, gender identity, or sexual orientation.

Supports for LGBTQIA2S+ Youth in Care

Citation: Admin. Code §§ 5101:2-7-09; 5101:2-9-19

Concerning the hygiene needs of a foster child, the foster caregiver shall ensure the following:

• That the clothing and footwear of each child in foster care are clean, well-fitting, seasonal, and appropriate to the child's age and gender identity
• That each child in foster care that is capable of meeting their own personal hygiene needs shall be provided with adequate personal toiletry supplies appropriate to their age, sex, gender, sexual identity, sexual orientation, race, and national origin
• That each child in foster care is instructed on good habits of personal care, hygiene, and grooming appropriate to their age, sex, gender, sexual identity, sexual orientation, race, national origin, and need for training

A residential facility shall allow children in care the following:

• To acquire personal belongings and bring personal belongings with them
• To decorate bedrooms consistent within limitations established by the residential facility and in consideration of the developmental stage of the child and the child's social, racial, cultural, religious, or ethnic background

A residential facility shall provide children in care with the following:

• Clothing that is appropriate to the child's age and gender identity
• Adequate personal toiletry supplies that are appropriate to the child's age, gender identity, race, and cultural background and that shall be considered the child's personal property
• Instruction on good habits of personal care, hygiene, and grooming as appropriate to each child's age, gender identity, race, cultural background, and need for training

Placement Considerations

Citation: Admin. Code § 5101:2-9-21

The residential facility disciplinary procedures shall be humane and instructive and shall be administered with fairness, consistency, and respect regardless of the child's race, sex, gender identity, sexual orientation, disability, religion, or cultural heritage. Verbal abuse, including swearing, directed at a child; derogatory remarks about a child's family, race, gender identity, sexual orientation, disability, religion, or cultural background; or threats of physical violence against the child or removal of the child from the facility are prohibited.

Caregiver Qualifications

Citation: Admin. Code § 5101:2-7-09

A foster caregiver shall treat each child in foster care with kindness, consistency, and respect. A foster caregiver shall not discriminate in providing care and supervision to children in foster care based on race, sex, gender, sexual identity, sexual orientation, religion, color, or national origin.

A foster caregiver shall not subject a child in foster care to verbal abuse or swearing; to derogatory remarks about the race, sex, gender, sexual identity, sexual orientation, religion, color, or national origin of children in foster care and their families; or to threats of physical violence or removal from the foster home.

Definitions

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