Or. Admin. Code § 416-435-0050

Current through Register Vol. 63, No. 11, November 1, 2024

Section 416-435-0050 - Management of Youth who Identify as Transgender, Gender Diverse, Gender Fluid, or Intersex

(1) Searches

(a) When a YIC identifies as transgender, gender diverse, gender fluid, or intersex upon the YIC's commitment to OYA, designated staff must ask the YIC whether the YIC prefers that a male or female staff conduct the YIC's required physical searches.

(b) When a YIC identifies as transgender, gender diverse, gender fluid, or intersex during initial intake into a youth correction facility, designated staff must ask the YIC whether the YIC prefers that a male or female staff conduct the YIC's required physical and visual searches.

(c) If the preferred staff gender identify is not the same as the YIC, the SOGIEC must review and approve or deny the YIC's preference.

(d) Staff must accommodate the YIC's stated preference, except if the SOGIEC has denied the accommodation, or during exigent circumstances.

(e) If a YIC who was not identified as transgender, gender diverse, gender fluid, or intersex upon OYA commitment or during initial intake into a youth correction facility later identifies as transgender, gender diverse, gender fluid, or intersex, staff must follow the process described in subsection (1)(a) or (b) above regarding preferred required searches.

(2) Urinalysis testing

(a) Staff must ask a transgender, gender diverse, gender fluid, or intersex YIC whether the YIC prefers that a male or female staff conduct the YIC's urine collection process when a urine sample is required for substance use testing.

(b) If the preferred staff's gender identity is not the same as the YIC, the SOGIEC must review and approve or deny the YIC's preference.

(c) Staff must accommodate the YIC's stated preference, except during exigent circumstances, when a preferred staff is not available, or the SOGIEC has denied the accommodation.

(3) Bathrooms and showers in youth correction facilities

(a) Staff must provide transgender, gender diverse, gender fluid, and intersex YICs the opportunity to shower and dress or undress separately from other YICs.

(b) Staff must not require YICs to shower separately, dress or undress separately, or use different bathrooms based solely on actual or perceived gender identity or sexual orientation.

(c) Staff must discuss safety planning with YICs who report safety concerns with using bathrooms or showers designated for all-YIC use.

(4) Clothing, grooming, and personal items

(a) Staff may respond to requests by transgender, gender diverse, gender fluid, and intersex YICs for clothing, undergarments, grooming items, and other personal items that are consistent with the YIC's gender identity, or may forward such requests to the SOGIEC for consideration. Generally acceptable items include underclothes of the YIC's identified gender, gaffs, compression underwear, chest binders, and stand-to-pee or packer devices.

(b) Each request must be considered and evaluated on a case-by-case basis.

(c) In responding to such requests, staff or the SOGIEC, as appropriate, must consider the YIC's individual circumstances, including but not limited to the YIC's gender identification, gender expression, behavior and programming needs, safety, mental health, and medical needs and diagnosis.

(d) In responding to such requests of YICs placed in youth correction facilities, facility staff or the SOGIEC, as appropriate, must also consider the safety and security of the facility, staff, and other YICs.

(e) Any clothing, grooming items or other personal items provided to YICs in youth correction facilities following approval of such a request must be consistent with:

(A) Agency rules and policies pertaining to male or female programs; and

(B) The YIC's reformation plan.

(5) Preferred name and pronouns

(a) Staff must use a transgender, gender diverse, gender fluid, or intersex YIC's consistently-preferred name and pronouns when referring to the YIC.

(b) Notwithstanding subsection 5(a) above, staff must use the YIC's legal name under these circumstances:

(A) When requested by the YIC; and

(B) In all written records including court documents, medical records, clinical or other service referrals, and demographical entries in the Juvenile Justice Information System (JJIS).

(6) The SOGIEC may collaborate with a transgender, gender diverse, gender fluid, or intersex YIC's treatment team to address other requests or questions raised by the YIC, using the method and criteria set forth in section (4) above.

Or. Admin. Code § 416-435-0050

OYA 8-2017, adopt filed 12/22/2017, effective12/22/2017; OYA 10-2018, minor correction filed 06/19/2018, effective 6/19/2018; OYA 2-2022, amend filed 01/03/2022, effective 1/3/2022

Statutory/Other Authority: ORS 420A.025

Statutes/Other Implemented: ORS 420A.010, ORS 420A.014 & ORS 420A.015