416-435-0010
Purpose

(1) OYA staff must strive to treat all youth in custody (YICs) respectfully and without harassment and discrimination with consideration of each YIC’s individual circumstances, including race, ethnicity, religious beliefs, national origin, sex, physical or mental disabilities, sexual orientation, gender identity, gender expression, or intersex status. OYA seeks to provide an inclusive, safe, and positive human development environment for all YICs in its custody.
(2) The purpose of these rules is to establish OYA standards for the identification, assessment, review, and case-by-case management of transgender, gender diverse, gender fluid, and intersex YICs.

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010, ORS 420A.014 & ORS 420A.015
History:
OYA 2-2022, amend filed 01/03/2022, effective 01/03/2022
OYA 8-2017, adopt filed 12/22/2017, effective 12/22/2017

416-435-0020
Definitions

(1) Discrimination: Any act, policy or practice that penalizes or disadvantages YICs or subjects them to harassment based on actual or perceived race, ethnicity, religious belief, national origin, sex, physical or mental disability, sexual orientation, gender identity, gender expression, or intersex status.
(2) Exigent circumstances: Any set of temporary or unforeseen circumstances that require immediate action in order to combat a threat to the security or institutional order of a facility, community program, or the community.
(3) Gender: The socially constructed roles, behaviors, activities, and attributes that a given society typically or historically assigns to men and women.
(4) Gender diverse: A person’s physical appearance and characteristics or behaviors that are different than those stereotypically associated with the person’s assigned sex at birth or traditional societal gender expectations.
(5) Gender expression: The manner in which a person expresses gender through clothing, appearance, behavior, speech, etc. Gender expression is distinct from sexual orientation and gender identity.
(6) Gender fluid: An adjective used to describe a person whose gender identity is not fixed; of or relating to a person having or expressing a fluid or unfixed gender identity.
(7) Gender identity: Refers to a person’s internal, deeply felt sense of being male, female, or non-binary; distinct from sexual orientation.
(8) Intersex: A person whose sexual or reproductive anatomy, chromosomal pattern, or hormonal presentation does not seem to fit typical definitions of male or female.
(9) OYA  Sexual Orientation, Gender Identity and Expression Committee (SOGIEC): A multidisciplinary group that reviews and determines appropriate community placement, housing assignment, care, and management of YICs who identify as transgender, gender diverse, gender fluid or intersex. The committee includes at least one person with knowledge of gender issues facing transgender and intersex YICs.
(10) Transgender: A person whose gender identity is different from the person’s assigned sex at birth.
(11) Youth correction facility: A facility used for the confinement of YICs and includes secure regional youth facilities, regional accountability camps, residential academies and satellites, camps, and branches of those facilities.
(12) Youth in custody (YIC): A person in the legal and physical custody of OYA either in a youth correction facility or placed in the community under supervision; and a person in the legal custody of the Department of Corrections and the physical custody of OYA in a youth correction facility.

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010, ORS 420A.014 & ORS 420A.015
History:
OYA 2-2022, amend filed 01/03/2022, effective 01/03/2022
OYA 11-2018, minor correction filed 07/03/2018, effective 07/03/2018
OYA 8-2018, minor correction filed 06/19/2018, effective 06/19/2018
OYA 8-2017, adopt filed 12/22/2017, effective 12/22/2017

416-435-0030
Identification

(1) Designated staff must provide the opportunity for YICs to identify their sexual orientation, gender identity, and intersex status upon their commitment to OYA, and during their intake process into youth correction facilities.
(2) Designated staff must interview a YIC regarding the YIC’s gender identity, sexual orientation, or intersex status only to the degree necessary to make appropriate informed decisions on community placements, housing assignments, programming assignments; to provide health care and health assessments; and as necessary for the YIC’s health and safety, or for the safe, secure, and orderly operation of a youth correction facility.
(3) If a YIC discloses to staff that they are transgender, intersex, gender diverse, gender fluid, or not heterosexual, staff must ask the YIC to what extent the YIC wants to share the information and with whom.
(a) Staff must inform the YIC that in order to provide needed accommodations or services, the YIC’s gender identity, sexual orientation, or intersex status may be shared with other staff or service providers as needed.
(b) If a transgender, gender diverse, gender fluid, or intersex YIC requests a mental health or physical health resource due to their gender identity needs, staff must inform the YIC that the request must be made in writing by completing a specified OYA form.

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010, ORS 420A.014 & ORS 420A.015
History:
OYA 2-2022, amend filed 01/03/2022, effective 01/03/2022
OYA 8-2017, adopt filed 12/22/2017, effective 12/22/2017

416-435-0040
Placement and Housing Assignments

(1) The SOGIEC will collect and review relevant information regarding transgender, gender diverse, or intersex YICs and make decisions on a case-by-case basis regarding appropriate placement, care, and management of the YICs.
(2) After a YIC is placed in a youth correction facility, designated youth correction facility staff will determine and assign a transgender, gender diverse, gender fluid, or intersex YIC to appropriate housing within the facility unless the YIC’s housing assignment within the facility is specifically directed by the SOGIEC.
(a) Staff may not require a YIC to sleep in individual quarters or to be placed in specific housing based solely on their sexual orientation, gender identity, or intersex status.
(b) Staff may allow a YIC who reports feeling safer sleeping in an individual room to do so when a room is available for such purpose. If an individual sleeping room is not available, staff must discuss alternative safety planning with the YIC.
(3) A YIC who identifies as transgender, gender diverse, gender fluid, or intersex may not be transferred to another youth correction facility without SOGIEC approval, except during exigent circumstances. SOGIEC approval is required for the YIC’s continued placement as soon as possible after the exigent transfer.
(4) YICs who identify as transgender, gender diverse, gender fluid, or intersex may request review of their placements by the SOGIEC at any time.

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010, ORS 420A.014 & ORS 420A.015
History:
OYA 2-2022, amend filed 01/03/2022, effective 01/03/2022
OYA 9-2018, minor correction filed 06/19/2018, effective 06/19/2018
OYA 8-2017, adopt filed 12/22/2017, effective 12/22/2017

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.

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010, ORS 420A.014 & ORS 420A.015
History:
OYA 2-2022, amend filed 01/03/2022, effective 01/03/2022
OYA 10-2018, minor correction filed 06/19/2018, effective 06/19/2018
OYA 8-2017, adopt filed 12/22/2017, effective 12/22/2017