Sarah Toce
The report reveals lack of protective policies, new harms, and little effort at preventing system involvement or meeting the needs of trans and nonbinary youth.
National experts alongside a group of transgender, nonbinary, and gender diverse (TNGD) youth with lived experience in child welfare, juvenile legal, and homelessness systems have released a new report highlighting ongoing challenges and harms to young people perpetuated by government-funded systems.
“Let youth have a say in their care, in their lives, and in their existence – it is just such a vital part of what I would push for,” said Emilio, one of the youth with lived experience contributors.
Safe Havens II: We Must Affirm and Support Transgender, Nonbinary, and Gender Diverse Youth in Out-of-Home Systems combines recommendations for system improvement from young advocates with lived experience in out-of-home systems with an update on important law and policy protections and attacks on LGBQ+ and TNGD young people.
Elliott Hinkle, a nonbinary person with lived experience in foster care and founder and principal of Unicorn Solutions, LLC, teamed with Lambda Legal, Children’s Rights, and the Center for the Study of Social Policy to update information and recommendations made in a 2017 report.
The 2024 report highlights the federal and state laws and policies in place to support TNGD and LGBQ+ youth in out-of-home systems, but also notes the dearth of programs to safely prevent system involvement and promote youth acceptance by their families and communities.
The report calls out the unique and disproportionate poor health outcomes experienced by the nonbinary and gender diverse community in comparison to their binary trans and cisgender peers.
The report also reveals challenges that TNGD and LGBQ+ youth face in out-of-home systems across the nation and the harm caused by recent anti-LGBTQ+ laws. In 2024, there has been a documented increase in anti-LGBTQ+ laws and policies at the state level, particularly impacting trans and nonbinary youth. Specifically:
- A staggering 46 states have no explicit SOGIE-inclusive nondiscrimination law or policy protecting youth experiencing homelessness.
- 28 states now have harmful laws or policies in place specifically targeting TNGD youth involving health care access, school curricula, parental notification requirements, restroom and facility access, and sports participation.
- 19 of the 28 states with harmful laws or policies are also states with no explicit protection from gender identity-based discrimination in child welfare or juvenile legal systems.
- Only two states acknowledge the existence of nonbinary youth in child welfare or juvenile legal system law, policy, or practice guidance.
- Only four states have any legal or policy requirement to provide services that help prevent system involvement, or to provide services that promote acceptance of LGBTQ+ youth by their families.
Safe Havens II calls for a robust response from policymakers and urges the implementation of comprehensive strategies to support young people in their communities, prevent their involvement in the homeless, juvenile legal, and child welfare systems, and protect those already within systems from harm. It also emphasizes the importance of integrating the advice of youth with lived experience, and specifically transgender, nonbinary, and gender diverse youth who are consistently invisible in policymaking, in policy and system improvement efforts, ensuring that future policies are anchored in rigorous research rather than stigma and bias.
Seven youth with lived experience contributed to Safe Havens II. Emilio, Gina, Jaxsyn, Kayden, Paris, Shawn, and Tyler have diverse identities and geographic perspectives. Together they provide a roadmap for how to better support LGBTQ+ youth in today’s fraught environment. Their work was supported and organized by Elliott Hinkle, a transmasculine nonbinary person with lived experience in Wyoming’s child welfare system, and principal and founder of Unicorn Solutions.
“Young people possess unique ideas, insights, and solutions to the challenges they face. By listening and collaborating with them, we can bring these opportunities for improvement to life. It cannot be overstated how crucial it is to support trans, nonbinary, and gender diverse youth in finding joy in their communities and lives. That’s why policymakers should read and follow the timely and critical recommendations they share in the report based on the traumatic, discriminatory but also sometimes positive experiences they lived in these systems. Their voices must be heard, their identities affirmed, and their rights protected,” said Elliott Hinkle, co-author and person with lived experience in foster care.
“Agencies need clear policies, so staff have step-by-step instructions to follow on how to support LGBTQ+ youth,” said Kayden, one of the youth with lived experience contributors from Texas.
“The anti-LGBTQ legislation mentally affects me because my community isn’t being protected. Other trans people can’t get the support they need and it makes me sad,” said Tyler, one of the youth with lived experience contributors from Oregon.
“Children should be cared for and treasured in any society. Tragically, many LGBTQ+ youth are rejected or mistreated by their families or government systems that are supposed to protect them. I met some of the trans or nonbinary youth who contributed to the Safe Havens II report who have lived experience with foster care, homelessness and juvenile legal systems and their stories of resilience and bravery inspired me but also opened my eyes to the work that remains to ensure we protect every child. As I played “house mother” Elektra character in PoseX, I understood that family could be anywhere where you are loved and welcomed. I hope that our government and policymakers see their experiences and ensure youth involved in these systems are cared for and protected as well as they are loved and supported in their communities,” said actress Dominique Jackson, who moderated the report launch event.
“The alarming findings in this report reveal the enormous work that remains to be done to ensure every child is supported and affirmed when interacting with government and government-funded systems and the specific needs of TNGD youth are met. While some states improved their policies, the large majority of states lack key protections, policies, and guidance to serve and care appropriately for TNGD and LGBQ+ youth,” said Currey Cook, Senior Counsel and Youth in Out-of-Home Care Project Director from Lambda Legal.
“What we heard from youth who have lived through these systems is that their identities have not been recognized, they feel lost and invisible, even often abused and criminalized,” Cook said. “We are proud to share this report, which includes an important and robust call to action from TNGD youth with system experience who share how policymakers should address new and chronic challenges.”
“The overrepresentation of TNGD young people in the child welfare and juvenile legal systems is a direct consequence of societal inequities and family rejection. This report underscores that every system-involved child has legal rights, needs the affirmation of caring adults, and deserves the opportunity to live in communities where they are truly valued,” said Meredith Giovanelli, policy analyst at Children’s Rights.
“We must listen to transgender, nonbinary, and gender diverse young people, who are telling us exactly what they need − affirming, safe, and culturally-responsive environments where they can grow and thrive − and work together to make that a reality,” Giovanelli added.
“We have a responsibility to support the healthy identity development of all young people and this importantly includes transgender, nonbinary, and gender diverse youth,” said Megan Martin, Executive Vice President at the Center for the Study of Social Policy. “However, rather than being supportive, public systems are failing them and their families, and causing significant harm by denying their identities and access to supportive and affirming resources and placements. This report makes clear that young people who are forced into out-of-home care through child welfare and juvenile legal systems and facing homelessness encounter incredible barriers to their well-being and are actively harmed by existing policy and regulation.”
Martin concluded, “We call on policymakers and system administrators to take immediate action to promote the dignity of TNGD and LGBTQ+ youth by ensuring their safety and promoting their health and well-being in their homes and communities. Young people are clearly communicating what they need and we have a responsibility to listen and be accountable to them.”
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