Insufficient proof presented when transgender girl was imprisoned without charges when child welfare agency deemed her too violent, state court decided

This article is more than 5 years old

This article is more than 5 years old

Connecticut’s second-highest court has ruled that a transgender teenager’s rights were violated when she was transferred to a prison from the state’s child welfare agency last year.

The state appellate court ruled Monday that a state judge didn’t hold the Department of Children and Families to a high-enough standard of proof when it presented evidence the girl was too violent for DCF facilities.

The girl, who was assigned male at birth, was imprisoned with no criminal charges for two months – a detention criticized by civil liberties advocates. She is now 17 and back in DCF custody.

The appellate court set a precedent saying DCF needs to present “clear and convincing” evidence in such cases, instead of the lower “preponderance of evidence” standard used in the transgender girl’s case.