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Gender & Identity in Juvenile Justice

Gender and identity shape how youth experience justice. For girls, transgender youth, and LGBTQ+ young people, system contact often carries risks beyond confinement—risks of invisibility, misunderstanding, and harm. A truly rehabilitative system must recognize these differences and design for dignity and safety.

Introduction: Visibility as Safety

For decades, juvenile systems were built around a single archetype: young, male, and delinquent. Girls and gender-diverse youth were largely invisible in policy and programming. As awareness grows, states are now addressing how identity and bias affect everything from discipline to placement. Visibility—being seen and understood—is the foundation of safety.

Research shows that LGBTQ+ youth are overrepresented in the justice system—making up roughly 20% of detained youth nationwide. Many enter due to family rejection, school bullying, or survival behaviors like running away or trading sex for shelter. Recognizing identity isn’t optional—it’s essential for justice to work.

Key Findings

  • Overrepresentation is consistent: LGBTQ+ and gender nonconforming youth are two to three times more likely to experience system contact.
  • Gendered programming lags behind: Most detention centers are still designed for boys, limiting trauma-informed services for girls and nonbinary youth.
  • Safety concerns are widespread: Reports show higher rates of bullying, isolation, and sexual victimization among transgender and gender-diverse youth.
  • Identity-affirming care works: Facilities that adopt inclusive policies see fewer behavioral incidents and higher youth engagement in treatment.

State Comparisons

Arkansas and Mississippi have begun adding gender-specific and trauma-informed programming for girls.Texas established statewide policy protecting youth from discrimination based on sexual orientation or gender identity.Louisiana piloted staff training on pronoun use and placement rights, while Tennessee and Missouri developed specialized reentry supports for pregnant and parenting girls.

These changes may seem small, but for youth navigating identity under surveillance, they represent safety and belonging.

What Works

  • Policy clarity: Clear anti-discrimination and placement policies reduce staff confusion and youth vulnerability.
  • Staff training: Ongoing education on gender identity and trauma builds competence and empathy.
  • Choice and voice: Allowing youth input on caseworkers, placement, or pronouns fosters agency.
  • Gender-responsive design: Programs tailored for girls and LGBTQ+ youth improve emotional safety and long-term outcomes.

Future Outlook

The next frontier of reform is intersectional—addressing how gender, race, and sexual identity overlap. States are beginning to embed inclusion metrics in performance dashboards, measuring not only safety but belonging. The goal isn’t to separate youth by category but to ensure that every policy, facility, and program accounts for the full spectrum of identity.

Justice becomes humane when it stops assuming who youth are and starts listening to who they tell us they are.

Sources

  • OJJDP LGBTQ+ Youth in Juvenile Justice Systems Report (2022)
  • Texas Juvenile Justice Department: Safe and Inclusive Policy Framework
  • Arkansas DYS: Gender-Specific Services Plan
  • National Crittenton Foundation: Girls and Gender-Expansive Youth Study
  • Annie E. Casey Foundation: Youth Identity and System Reform Series

Related reading: Language Access & Youth Voice — how understanding and self-expression shape real reform.