LGBTQ youth in foster care: litigated reform of New Jersey’s child welfare system

ABSTRACT

Institutional heteronormativity is endemic across the U.S. state foster care system. The study purpose was to explore New Jersey’s child welfare agency in the context of policy changes during litigated reform that diminished the influence of institutional heteronormativity contributing to inadequate care of lesbian, gay, bisexual, transgender, or questioning (LGBTQ) foster youth. LGBTQ-related policy-based reforms identified through document analysis included: (a) leveraging the authority of state sexual orientation, gender identity, and gender expression (SOGIE) based anti-discrimination legislation; (b) establishing a Safe Space Initiative program; and (c) integrating SOGIE-based anti-discrimination policy and procedural changes to LGBTQ youth case practice, management, service provision, and placement decisions.

KEYWORDS:

• LGBTQ
• foster care
• litigated reform
• child welfare
• heteronormativity

Legal Authorities

Charlie and Nadine H. v. McGreevey (also known as Charlie and Nadine H. v. Whitman, Charlie and Nadine H. v. Corzine, Charlie and Nadine H. v. Christie), No. 99-3678, August 4, 1999. 83 F. Supp. 2d 476 (D.N.J. 2000); 213 F.R.D. 240, 243 (D.N.J. March 20, 2003).

N.J. Admin. Code §10:122B-1.5 “Nondiscrimination”

N.J. Admin. Code §10:122B-1.5 “Service limitations”

N.J. Admin. Code §10:133-1.4 “Rights of applicants and clients”

Notes

1. The acronym LGBTQ is used to include all individuals who feel their sexual identity does not fit with the rigid binary gender and sexual norms associated with the heterosexual or heteronormative ideal.

2. The New Jersey CWA went through several name changes during the litigated reform. To avoid confusion and for consistency in the discussion, the CWA and departments under its oversight is referred to as the Division of Children and Families (DCF).

Additional information

Notes on contributors

Ariel Alvarez

Dr. Ariel Alvarez is Associate Professor of Law and Political Science at Montclair State University.  Dr. Alvarez earned a Masters degree and Ph.D. from Rutgers University in New Jersey.  He holds a JD and license to practice law.  Dr. Alvarez  focuses his research on public organizations, child welfare, and constitutional law.