Suit claims Swift County, DOC failed transgender foster girl

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A foster child who is a transgender girl was placed in a boys’ group home in Swift County. On Dec. 10, Gender Justice filed a lawsuit against the county and the Minnesota Department of Corrections, alleging that they ignored reports of severe bullying, harassment, and sexualized mistreatment.

S.R. entered the care of Swift County when she was 12 years old, which was about the time that she discovered that she is a transgender girl. A.R., who is S.R.’s mother, told Swift County that S.R. was transgender and stated that S.R. was afraid of being housed with boys S.R. was housed with boys.

This particular group home allegedly has a policy that transgender children are not put in placements that are consistent with their gender identity. “In other words, Swift County chose to place S.R. in a facility that refuses to house any transgender girls with other girls,” the complaint reads. “Swift County was aware of the group home’s policy, as was the Minnesota Department of Corrections (DOC), the entity that licenses the facility.”

According to the lawsuit, S.R. was subject to transphobic bullying and harassment, including being called names such as a “tranny” and asked questions about her genitals. As a result, S.R. suffered adverse mental health effects. She and her mother reported this to Swift County and the DOC.

While she was housed with boys, S.R. was told that she could engage in programming with girls. This proved to be untrue, the complaint said, because if S.R. acted out when faced with bullying or harassment, she was prohibited from attending the programming. “Instead of taking any reasonable measures to stop the bullying and harassment, the group home punished S.R. by treating her like a boy,” the complaint adds.

S.R.’s therapist suggested that Swift County provide services to help S.R. with her gender identity and to consider placing S.R. in a foster home so that she would not be housed with boys. S.R. asked to be moved to the girls’ unit, and when that request was denied, ran away from the facility.

S.R. eventually moved out of the facility and was reunited with her mother, which dramatically improved S.R.’s behavioral issues, the complaint says. Gender Justice’s suit claims that the actions of the DOC and Swift County violated the Minnesota Human Rights Act.

“Swift County and the DOC were aware of S.R.’s placement in a boys’ facility and of her ongoing bullying and harassment,” the complaint states. “Both had the responsibility and ability to change S.R.’s placement and to address the bullying, harassment, and improper punishments. Instead of helping S.R. and correcting the group home’s unlawful conduct, however, Swift County and the DOC took active measures to allow the mistreatment to continue.”

The complaint lists three counts: sex and sexual orientation discrimination in public services, aiding and abetting discrimination, and denial of equal protection.

“Transgender youth in Minnesota have the right to safe and affirming care, including in the foster care system,” said Sara Jane Baldwin, senior staff attorney at Gender Justice. “When a foster care facility discriminates against a child and the agencies overseeing it fail to act, that’s a violation of the law and a betrayal of public trust.”

The Department of Corrections told Minnesota Lawyer it is unable to comment on pending litigation. Swift County has not responded to a request for comment.