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Court: Moving Abused Trans Teen to Adult Prison is Unconstitutional

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Connecticut’s Appellate Court ruled earlier this week that the state’s child welfare agency, the Department of Children and Families (DCF) violated a transgender teenager’s due process rights when they transferred her to an adult prison. The state’s second highest court ruled that the lower court judge deciding the case did not hold DCF to a high enough standard of proof when it presented evidence that the then 16-year-old, who had a long history of being abused in the child welfare system, was too violent for DCF facilities. The court’s ruling stated “The respondent's due process rights were violated on the ground that DCF failed to prove, by clear and convincing evidence, its entitlement to have the respondent transferred from its care to the supervision of the Department of Correction.”

The juvenile was sent to York Correctional Institution last year where she spent two months in de-facto solitary confinement. Since she was imprisoned in an adult prison as a juvenile, she was not allowed to interact with other prisoners. NCTE joined many other organizations in condemning the transfer and calling on authorities to release the young woman. She is now back in DCF custody in a community placement. When youth, and especially transgender youth, are placed in adult facilities, they are at higher risk of facing sexual violence, isolation and other types of abuse. When the decision was made to put her in the adult facility, her public defender James Connolly refuted the Department’s claim that she was dangerous and said the reason for her transfer was because “DCF didn’t know what to do with his client”. DCF’s decision to transfer her to York takes place in the context of broader trend of disproportionate criminalization of transgender youth of color. Though this trans youth did not commit any adult crimes, she was wrongfully punished as though she had. NCTE commends the attorneys who vigorously advocated for the well-being and safety of this young woman.

While this ruling did not completely get rid of Connecticut’s juvenile detention transfer law that allowed the youth to be sent to prison, it may help transgender teenagers who come into the custody of DCF in the future. The American Civil Liberties Union of Connecticut Legal Director, Dan Berrett applauded the decision and said that “raises the evidentiary standard that the Department must meet before it can transfer a child in its custody to adult prison.” This means that the Department will now have to show compelling evidence before transferring youth to adult facilities. It will also prevent DCF and other juvenile agencies from arbitrarily placing transgender youth in adult facilities.

There is still no way to reverse the detrimental impact that this particular transgender youth experienced at the York Correctional facility. The United States leads the world in incarceration rates, and transgender people, especially black, Latino and indigenous trans people, are imprisoned at higher rates. The failings of child protective services and juvenile justice agencies in keeping youth out of the prison system is a part of the high incarceration rates of the U.S. NCTE supports advocates around the country in working for the rights of transgender prisoners, and last year published Standing With LGBT Prisoners: An Advocate's Guide to Ending Abuse and Combating Imprisonment.

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