Responsibilities of care providers

(a) In general During the entire period in which a noncitizen child is held in immigration custody, the child's care providers shall ensure that the child— (1) is treated and served fairly and equally; (2) is treated with dignity and respect; (3) is cared for in an inclusive and respectful environment; and (4) is not subject to discrimination or harassed based on actual or perceived characteristics. (b) Special considerations During the entire period in which a noncitizen child is held in immigration custody, the child's care providers— (1) in the case of an noncitizen indigenous child, in partnership with the noncitizen indigenous child and, to the extent practicable, the parents, extended family, and members of the cultural community of the child, shall make active efforts to maintain the child's connections to culture, tradition, and prevailing indigenous lifeways, including through culturally appropriate programs and services; (2) shall maintain privacy and confidentiality of information relating to the child's sexual orientation and gender identity; (3) shall use the child's correct names and pronouns corresponding to the child’s gender identity; and (4) in the case of an LGBTQI child— (A) shall— (i) ensure that the child is housed according to an assessment of the child's gender identity and housing preference, health and safety needs, and State and local licensing standards; (ii) offer an individualized assessment to determine whether additional or alternate restroom accommodations should be provided; (iii) allow the child to dress and express themselves according to their gender identity; (iv) allow the child to choose the gender of staff that will conduct a pat-down search if such a search is necessary; and (v) consider the child’s gender self-identification and the effects of a housing assignment on the child’s health and safety; and (B) shall not— (i) label the child as a likely abuser or punish the child for the child's sexual orientation, gender identity, or gender expression; or (ii) isolate or involuntarily segregate the noncitizen child solely because of the child's sexual orientation, gender identity, or gender expression.