Judge Anthony Capizzi Montgomery County Juvenile Court Dayton, Ohio November 7, 2014 A Judge’s Perspective: Enhancing Judicial Leadership for LGBTQ Youth

Understand how judges can recognize bias and reduce negative impacts of quick information processing Make connections between trauma-responsive justice and how to serve LGBTQ youth in the juvenile justice system Understand judicial leadership in the context of creating and sustaining fair and beneficial environments for LGBTQ youth Objectives

“My social worker told me that the bible says I am an “abomination, but she has to take care of me anyway or “she’ll lose her job.” “It’s better on the street. You can fight, or run, but in a “shelter you are trapped. If you tell the staff somebody “called you a fag, they don’t care. They turn their back.” “The judges aren’t welcoming if they know you’re gay. “No one seemed interested in working with me.” “The judge was patronizing and said ‘Oh, you’re gay “now?’ in front of everyone like he thought it was a fad.” Youth Voice From the Opening Doors Listening Session ©2013 ABA Center on Children and the Law

Bias and Decision-Making Complex and nuanced Both helpful … and harmful

Implicit Bias Implicit bias is simply the attitudes, feelings, perceptions, fears or stereotypes that affect our understanding, actions and decisions in an unconscious manner An implicit bias is influenced by experience, and based on learned associations between various qualities and social categories, including race, gender and sexual orientation In contrast to explicit bias, implicit bias operates outside of awareness All of these things “flavor” our decisions

Strategies Individual Education Reduce cognitive load and stress Exposure Checklists Bench cards Organizational Honest examination of workforce and power structure Strive to set new and positive norms Open communication Culture of holding each other accountable

Judicial Leadership Examining bias and promoting self-awareness Creating safety Encouraging diversity Leading by example Seeing opportunities and indentifying changes

Judicial Leadership on the Bench Throughout the Entire Case: Examine your own attitudes and beliefs towards LGBTQ youth Press advocates and attorneys to consider the unique needs of LGBTQ youth Question the agency or placement in regards to their policies and practices Treat all LGBTQ youth with fairness, dignity, and respect

Judicial Leadership on the Bench Initial Removal: Did the youth enter care based on their LGBTQ status? Is the youth “out” or open about their LGBTQ status? Create a court environment that is welcoming in order to build a trusting relationship and ensure safety ©2013 ABA Center on Children and the Law

Judicial Leadership on the Bench Early Hearings: Continue to build a trusting relationship with the youth Engage the youth in the courtroom and be on the lookout for red flags, which include: Skipping school Substance abuse Suicidal ideation Running away Being kicked out ©2013 ABA Center on Children and the Law

Judicial Leadership off the Bench In the Community: Educate the community about the unique needs of LGBTQ youth Identify and support LGBTQ leaders in the community Expand recruitment of LGBTQ foster parents and natural helpers

Judicial Leadership off the Bench Within the Court (Administratively): Establish a multidisciplinary team and support training to improve the services, support, and treatment available to LGBTQ youth Increase awareness of the unique needs of LGBTQ youth Create an anti-harassment policy statement in regards to the treatment of LGBTQ youth Conduct an audit or assessment of the environment, policies and practices that may trigger trauma Commit to and take action to develop a trauma- informed court that responds to the needs and unique experiences of LGBTQ youth

Traumatic Experiences Discrimination Violence Isolation Rejection Court

Trauma-Informed System 1.Routinely screen for trauma exposure and related symptoms 2.Use culturally appropriate evidence-based assessments and treatment for traumatic stress and associated mental health symptoms 3.Make resources available to children, families, and providers on trauma exposure, its impact, and treatment 4.Engage in efforts to strengthen the resilience and protective factors of children and families impacted by and vulnerable to trauma 5.Address parent and caregiver trauma and its impact on the family system 6.Emphasize continuity of care and collaboration across child-service systems 7.Maintain an environment of care for staff that addresses, minimizes, and treats secondary traumatic stress, and that increases staff resilience Excerpt from National Child Traumatic Stress Network’s definition of a trauma-informed child- and family-service system

Universal Precautions If you consider most people appearing in court are injured in some way… Homeless Substance abuse or mental health Abuse and neglect Criminal victimization Victim of domestic violence [and the list goes on and on and on] A “universal precautions” approach is a good way to work toward being a trauma-informed court and to improving outcomes for LGBTQ youth

Trauma-Informed Justice What does trauma-informed justice look like? Environment Practice Policy Behavior How would this apply to LGBTQ youth?

Putting it Together Judicial Leadership Examining personal bias Committing to training for self and others Convening stakeholders Creating a trauma- informed mindset and system Monitoring of and accountability for improved outcomes

Steps for Successful Judicial Leadership

Diversity Statement To achieve its mission and promote diversity, the NCJFCJ asserts its commitment to diversity through the following principles: The NCJFCJ will recruit membership and leadership which reflects the diversity of the children and families we serve The NCJFCJ will provide educational and training programs, publications, and policy positions that are relevant and culturally sensitive National policy and standards developed by the NCJFCJ affecting courts will promote and encourage judges to be knowledgeable of diversity issues The NCJFCJ will engage in recruitment practices and retention strategies to achieve a diverse staff Excerpt from the NCJFCJ Diversity Statement, March 2007

National Council of Juvenile and Family Court Judges Trauma-Responsive Justice Child Abuse and Neglect Institute Domestic Child Sex Trafficking Training on judicial leadership for systems change, bias, and equity Conference presentations and educational sessions National partnerships to address LGBTQ issues ABA Center on Children and the Law Opening Doors Project National Center for Missing and Exploited Children Northwest Network of Bisexual, Trans, Lesbian, and Gay Survivors of Abuse

Questions