Kicked out of their homes and left to the streets, GLBT teens sometimes turn to crime in order to survive (such as prostitution, drug sales and petty theft). It’s not surprising that they get caught up in selling and dealing drugs like methamphetamine and find themselves in trouble with the police and law enforcement.

Some end up before Juvenile Court judges, who are Superior Court judges assigned to deal with crimes involving juveniles.

Upon finding that a juvenile has violated a law of the state, the juvenile becomes a ward of the court and is subject to the court’s jurisdiction and control until reaching age 21, or 25, depending on the severity of the crime.

Typically, juveniles go off to the California Youth Authority, which operates facilities throughout the state. Some people have e-mailed me to say that’s fine, send GLBT youth to prison, they deserve it. Others suggest that youth correctional facilities are “death camps” for GLBT youth. No one should have to suffer rapes and beatings.

During the last year, the Legislature has conducted inquiries into the dire straits of the CYA. Suicides, rapes and isolation seem to have been the norm for many wards, and especially for youth labeled as “gay.”

A case decided last week by the California Court of Appeal illustrates the problem.

The case began in 2002 when Antoine D., then 17 years old, approached a man in a car on a street in San Francisco. Holding what appeared to be a gun in his right hand, Antoine ordered the man out of his car and to turn over his wallet. The victim did and Antoine told him to “[w]alk that way and don’t turn around, or I’ll blast your head off.” He then drove off in the man’s vehicle, where police found and arrested him about 15 minutes later.

The D.A. chose to charge Antoine as a juvenile. Antoine admitted the robbery charge. In September 2002, the juvenile court declared wardship over Antoine, and committed him to CYA for a period of confinement at the Herman G. Stark Youth Correctional Facility (Stark Facility) – up to six years and eight months.

After about two and a half years of confinement, Antoine asked the juvenile court to let him out of the CYA because it failed to keep him safe or provide him adequate educational and treatment services.

Antoine asked to be sent for probation to the Ark House in San Francisco, a transitional living facility designed to meet the needs of homeless lesbian, gay, bisexual and transgender young adults.

He wanted to be removed from the CYA because he had been subjected to serious acts of physical and mental abuse from CYA staff and wards based on his sexual orientation.

For example, he proved that a fellow ward cut him severely in the face with a razor blade, and that two wards forced him to perform oral sex on another ward.

As is too common in the jail environment, in order to protect him from abuse by fellow wards, the CYA confined him to his cell and excluded him from school and other group activities for up to 23 hours a day nearly every day for several weeks.

Antoine also showed that CYA staff singled him out for abuse because of his sexual orientation. He argued and the CYA agreed that they had not provided him with an adequate education at the facility.

By January 2005, when the appellant was 20 years old, he had completed only 99 of the 200 credits required to earn a high school diploma, in part because CYA had at times removed him from school out of concern for his safety.

A trial judge refused to release Antoine, concluding California law required him to leave Antoine with the CYA.

But the Court of Appeal disagreed and found that juvenile courts continue to exercise control over wards so that they “receive care, treatment and guidance which is consistent with their best interest, that holds them accountable for their behavior, and that is appropriate for their circumstances.”

This authority includes setting aside or modifying an order committing the ward to CYA where it appears CYA has failed to comply with the law or abused its discretion in dealing with the ward.

It’s truly time for the state to study the causes, the rates and fates of GLBT youth (and adults) who commit crimes and end up in correctional facilities. Based upon the success of the “gay jail” in Los Angeles, it’s time our GLBT legislators urge the CYA to do the same for GLBT youth.