Alone Without A Home

251 Pages·2012·1.62 MB·English

ALONE WITHOUT A HOME: A STATE-BY-STATE REVIEW
OF LAWS AFFECTING UNACCOMPANIED YOUTH SEPTEMBER 2012
A REPORT BY
Alone Without A Home: A State-By-State Review of Laws Affecting Unaccompanied Youth
A N L C H P
BOUT THE ATIONAL AW ENTER ON OMELESSNESS & OVERTY
The National Law Center on Homelessness & Poverty is committed to solutions that address the causes of
homelessness, not just the symptoms, and works to place and address homelessness in the larger context of
poverty.
To this end, it employs three main strategies: impact litigation, policy advocacy, and public education. It is
a persistent voice on behalf of homeless Americans, speaking effectively to federal, state, and local policy
makers. It also produces investigative reports and provides legal and policy support to local organizations.
For more information about the Law Center and to access publications such as this report, please visit its
website at www.nlchp.org.
A N N Y
BOUT THE ATIONAL ETWORK FOR OUTH
The National Network for Youth has been serving the youth of America for more than 30 years by championing
the needs of runaway, homeless and other disconnected youth. We do this through advocacy, innovation
and services. Our reach is extended through our member organizations, allowing us to be in numerous
communities throughout the country as we create a neighborhood of support for the next generation.
Our members are community-based organizations along with their neighborhood youth, adults, associations,
and regional and state networks of youth workers. These builders of the future provide street-based services,
emergency shelter, transitional living programs, counseling, and social, health, educational and job-related
services to over 2.5 million youth each year.
The National Network is committed to ensuring that opportunities for growth and development be
available to our neighbors everywhere. The youth we work with face greater odds due to abuse and neglect,
homelessness, lack of resources, community prejudice, differing abilities and other life challenges.
For more information about the National Network and to access publications such as this report, please visit its
website at www.nn4youth.org.
National Law Center on Homelessness & Poverty • National Network for Youth
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Alone Without A Home: A State-By-State Review of Laws Affecting Unaccompanied Youth
A
CKNOWLEDGEMENTS
The National Law Center on Homelessness & Poverty and National Network for Youth are grateful to the
following individuals and firms for their tremendous contributions to the research, writing, and layout
of the report:
DLA Piper LLP and Dechert LLP, who committed dozens of staff and hundreds of pro bono hours to
researching and updating the law from previous editions of this guide and producing new content, and in
particular Rebecca Jones of DLA Piper and Suzanne Turner of Dechert for supervising the project;
National Law Center staff present and past, including Kathryn Christian, Karen Cunningham, David Hale,
Khalid Hargrove, Joy Moses, Rachel Natelson, Jeremy Rosen, and especially Eric Tars for supervising and
editing this report through its many stages of development. Former staff and current Legal Director of the
National Association for the Education of Homeless Children & Youth, Patricia Julianelle, also provided expert
consultation.
National Law Center interns and fellows, especially Heather Abraham, Cara Baldari, Mariah Bibb, Julie Butner,
Kelly Connolly, Stephani Cox, Abigail Dunner, Patrick Gavin, Matthew Korn, Julia Lum, Tiffany Malcolm, Rricha
Mathur, Mili Patel, Thomas Renke, and Alec Stone.
National Network for Youth staff, especially former Policy Director Bob Reeg.
The Law Center acknowledges with gratitude the generous support of the W.K. Kellogg Foundation, and our
anonymous donors.
The Law Center would also like to thank our LEAP member law firms: Akin Gump Strauss Hauer & Feld LLP;
Covington & Burling LLP; Dechert LLP; DLA Piper; Fried, Frank, Harris, Shriver & Jacobson LLP; Hogan Lovells;
Jenner & Block LLP; Katten Muchin Rosenman LLP; Manatt, Phelps & Phillips, LLP; Schulte Roth & Zabel LLP;
Sidley Austin LLP; Simpson Thacher & Bartlett LLP; and WilmerHale.
National Law Center on Homelessness & Poverty • National Network for Youth
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Alone Without A Home: A State-By-State Review of Laws Affecting Unaccompanied Youth
National Law Center on
National Law Center on Homelessness & Poverty
Homelessness & Poverty
BOARD of DIRECTORS* STAFF MEMBERS
Vasiliki Tsaganos, Chair Maria Foscarinis Maria Foscarinis
Fried, Frank, Harris, Shriver & Executive Director Executive Director
Jacobson LLP NLCHP
Tristia Bauman
Housing Attorney
Edward McNicholas, Vice-Chair Kirsten Johnson-Obey
Sidley Austin LLP Porterfield & Lowenthal LLC Robert Bennett
Administrative Assistant
Michael Allen, Treasurer Father Alexander
Microsoft Corporation Karloutsos Andy Beres
Greek Orthodox Archdiocese Development &
Kenneth S. Aneckstein of America Communications Coordinator
DLA Piper
Pamela Malester Lisa Coleman
Education/Domestic Violence
William Breakey, MD Office for Civil Rights, U.S. Dept. of
Attorney
Johns Hopkins University Health and Human Services (retired)
Karen Cunningham
Peter H. Bresnan Tashena Middleton Moore Legal Director
Simpson, Thacher & Bartlett LLP Second Chances Home Buyers LLC
Cecilia Dos Santos
Tonya Y. Bullock Margaret Pfeiffer Pro Bono Coordinator
Community Activist Sullivan & Cromwell LLP
David Hale
Director of Development
Bruce Casino G.W. Rolle
& Communications
Katten Muchin Rosenman LLP Missio Dei Church
Heather Johnson
Roderick DeArment Bruce Rosenblum Civil Rights Attorney
Covington & Burling LLP The Carlyle Group
Marion Manheimer
Dennis Dorgan Robert C. Ryan Volunteer
Fundraising Consultant American Red Cross
Jeremy Rosen
Policy Director
Sally Dworak-Fisher Jeffrey Simes
Public Justice Center Goodwin Procter LLP Eric Tars
Director of Human Rights
*Affiliations for identification purposes only & Children’s Rights Programs
Louise Weissman
Director of Operations
National Network for Youth National Network for Youth
BOARD of DIRECTORS STAFF MEMBERS
Debby Shore, Chair Sue Krahe Katherine Raphaelson
Sasha Bruce Network Our Family Services Executive Director
Melinda Giovengo, Vice-Chair Kreig Pinkham
YouthCare Vermont Coalition of Runaway and
Homeless Youth Programs
Kim Morgan, Secretary
Youth and Family Services, YMCA Bonnie Politz
FHI 360
Jeffrey Fetzko, Treasurer
Somerset Home for Temporarily James Walker
Displaced Children Youth Services of Tulsa
Jane Harper Harry Wilson
Family Resources Michigan Council on Crime and
Delinquency
Laurie Jackson
National Safe Place Robb Zarges
Bridge Over Troubled Waters
National Law Center on Homelessness & Poverty • National Network for Youth
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Alone Without A Home: A State-By-State Review of Laws Affecting Unaccompanied Youth
T O C
ABLE F ONTENTS
5 ExECuTiVE SuMMARY
8 iNTRODuCTiON
13 DEFiNiTiON OF TERMS PERTiNENT TO uNACCOMPANiED YOuTH
16 Definitions of Child, Infant, Juvenile, Minor, and Youth
23 Classifications of Homeless and Runaway Youth
31 YOuTH iN NEED OF SuPERViSiON
36 Youth in Need of Supervision Statutes
65 STATuS OFFENSES
71 Status Offenses—Running Away Statutes
82 Status Offenses—Truancy Statutes
92 Status Offenses—Curfew Statutes
104 EMANCiPATiON
107 Emancipation Statutes
119 RiGHTS OF YOuTH TO ENTER iNTO CONTRACTS
112 Rights of Youth to Enter Into Contracts Statutes
129 HEALTH CARE ACCESS FOR uNACCOMPANiED YOuTH
140 Overcoming Financial Barriers State Provisions
155 CONSENT & CONFiDENTiALiTY STATuTES
185 DiSCHARGE FROM THE JuVENiLE JuSTiCE SYSTEM
188 Discharge from the Juvenile Justice System Statutes
194 iNTERSTATE COMPACT FOR JuVENiLES
198 Interstate Compact for Juveniles Statutes
200 FEDERAL BENEFiTS
204 Federal Benefits Statutes
219 RiGHTS OF uNACCOMPANiED YOuTH TO PuBLiC EDuCATiON
221 HARBORiNG uNACCOMPANiED YOuTH
224 Harboring Unaccompanied Youth Statutes
231 SERViCES AND SHELTERS FOR uNACCOMPANiED YOuTH
234 Services and Shelters for Unaccompanied Youth Statutes
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Alone Without A Home: A State-By-State Review of Laws Affecting Unaccompanied Youth
E S
XECUTIVE UMMARY
Background Definitions of unaccompanied youth should be
inclusive and non-judgmental
Each year, an estimated 1.6 million children and
youth (ages 12-17) experience homelessness without • The vast majority of jurisdictions (85%, or 48
a parent or guardian. These youth leave home for a jurisdictions) define 18 as the age upon which
variety of reasons, including severe family conflict, a person is no longer a child.
parental abuse or neglect, parental mental health
• Only a few jurisdictions (13% or 7) have a
issues, or substance abuse. Prior to leaving home:
definition of “youth” that may exceed 18 years
• 43% of homeless youth report being beaten of age.
by a caretaker;
• A few jursidictions (14% or 8) retain
• 25% of homless youth have had caretakers judgmental terms that include
request sexual activity; unaccompanied homeless youth among
those defined as “incorrigible,” “unruly”,
• 20% of homeless youth had conflicts with
“delinquent”, “vagrant”, “wayward”,
their parents around their sexual orientation
“undisciplined juveniles”, or “status offenders”.
which caused them to leave.
Punitive approaches to unaccompanied youth are
Whether runaway or throwaway, once on the street,
prevalent in many jurisdictions
unaccompanied homeless youth face numerous legal
barriers that often complicate their attempts to meet • The vast majority of jurisdictions (82% or 46)
the basic necessities of life on their own and prevent allow police to take unaccompanied youth
them from reaching out for assistance to state into custody.
agencies and service providers that could otherwise
• A small but significant number of jurisdictions
help them. Further complicating matters is that many
define running away (16% or 9) and truancy
of these laws vary considerably from state to state,
(11% or 6) as status offenses.
creating misinterpretations by service providers
and mistaken avoidance of services on the part of • A significant number of jurisdictions (29%
homeless youth who may fear being taken into state or 16) explicitly make it a crime to harbor a
custody or assume they will be turned away. “runaway” without regard for the reasons for
the youth’s leaving home.
This report reviews the state of current law in 12 key
issue areas that affect the lives and future prospects Many jurisdictions authorize or require provision
of unaccompanied homeless youth in all 50 U.S. of healthcare, education, and other services to
states and 6 territories. The report offers an overview unaccompanied youth even in the absence of
of the range of approaches taken by states and their parental consent.
relative prevalence, and reveals significant difference
• A significant number of jurisdictions (39% or
in many cases.
22) explicitly authorize provision of services
The report also provides recommendations for to unaccompanied youth without court
policy change in each of the areas, with a view involvement.
towards strengthening the supports available
• A majority of jurisdictions (61% or 34) enable
to unaccompanied youth. While many issues
unaccompanied youth to apply for health
surrounding unaccompanied youth remain
insurance without parental consent in at least
controversial, the aim of this report is to recommend
some situations.
steps that can protect their safety, development,
• Half (50% or 28) allow minors to consent to
health and dignity, and thus increase their prospects
mental health treatment.
for positive future outcomes.
• The vast majority (80% or 45) allow minors to
Key findings address a wide array of topical areas, and
consent to non residential substance abuse
collectively, they some noteworthy trends:
treatment.
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Alone Without A Home: A State-By-State Review of Laws Affecting Unaccompanied Youth
• The vast majority (88% or 49) allow youth to jurisdictions to facilitate such an approach. In
consent to examination and treatment for particular:
sexually transmitted infections.
Extend eligibility for benefits for youth and
• The vast majority (79% or 44) limit minors’ eliminate negative terminology
ability to consent to abortions.
• Extend eligibility for publicly-funded
• All jursidictions accept federal funding under opportunities and supports available to
the McKinney-Vento Act and are required children and youth to include older young
to appoint homeless liaisons in each school people through age 24, and eliminate
district to identify and remove barriers to negative terminology now found in some
the enrollment and retention of homeless statutes, such as “unruly,” “incorrigible, and
students. “vagrant”.
• The vast majority (84% or 47) of jurisdictions Eliminate punishment of unaccompanied youth
allow exemption from the requirement that, based on status
in order to receive federal benefits, a minor
• Exempt runaway youth from CHINS statutes
parent must live with a parent or other legal
that do not provide appropriate services;
guardian.
limit the circumstances under which runaway
• However, under half (38% or 21) require youth can be taken into custody, set very
procedures to address discharge or aftercare brief time limits for such custody, and prohibit
needs for youth exiting juvenile justice housing of runaway youth with delinquent
systems; of those, a few (14% or 8) require youth or adults;
that housing needs be addressed in such
• Provide opportunities for young people to
procedure.
avoid court involvement, through diversion
• A significant minority of jurisdictions (29% or programs, counseling, treatment, family
16) assign responsibility for providing services mediation, housing assistance, and other
and/or shelter to runaway and/or homeless services, as well as adequate time to meet
youth to a designated executive branch treatment goals;
agency; at least 18% or 10 jurisdictions
• De-classify running away and truancy as
explicitly authorize the expenditure of funds,
status offenses;
or authorize local units of government to
expend funds, for programs and services • Assign responsibility for the care and support
targeted to runaway and homeless youth. of runaway youth to the social service system
rather than the juvenile justice system, and
Most jurisdictions provide for some ability of
prohibit housing runaway youth in secure
youth to act in their own behalf
detention facilities.
• A majority of jurisdictions (59% or 33) have
Prioritize support and assistance, rather than
established processes for minors to petition
punishment
for emancipation.
• Establish clear eligibility for unaccompanied
• Most jurisdictions have limited rights for
minors to apply for Medicare and CHIP;
minors to enter into contracts; a few do not
reduce barriers such as proof of parental
provide for any rights.
income, permanent residence, and other
Key recommendations. The key recommendations documentation that unaccompanied youth
of this report focus on removing the barriers that may lack; and expand CHIP to include youth
now prevent unaccompanied youth from receiving through 21 years of age;
the help they need to reestablish safe and stable
• Establish a social service system to support
homes, either reunited with their families when it is
youth after release from juvenile justice
safe and appropriate, under other adult supervision,
facilities and foster their reintegration,
or independently, with appropriate services and
including with safe housing options for
support. We favor supportive services as opposed
youths who are not placed with a parent
to punishment and increased consistency across
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Alone Without A Home: A State-By-State Review of Laws Affecting Unaccompanied Youth
or guardian; and ensure their access to
educational resources or job training, as
appropriate;
• Before discharge from juvenile justice
facilities, provide youth with assistance in
obtaining a drivers license or state ID card, a
Social Security card, a birth certificate, and
other records necessary to establish identity;
• Establish TANF eligibility for pregnant minors
ideally 120 days, but minimally at least 90
days, before their due date; and exempt them
from the minor parent living arrangement
rule in defined cases where living with the
parent is not possible or feasible, or would be
dangerous. Provide assistance with childcare
and transportation;
• Ensure access to education for
unaccompanied youth;
• Explicitly assign responsibility for offering
opportunities and supports for runaway and
homeless youth to a human services agency,
and authorize and appropriate state and local
funds for programs and services targeted to
runaway and homeless youth.
Give youth authority to make important decisions
about their own health and safety consistent with
their maturity
• Establish emancipation procedures in all
jurisdictions, with individualized assessment
of each youth’s ability to live independently,
and permit young people to initiate the
emancipation process; and establish
procedures for parents and youths to agree to
emancipation without court involvement;
• Permit minors to contract for necessities,
while providing appropriate protections;
• Establish statutory guidelines so licensed
health care pratictioners can provide medical
care and services to an unaccompanied youth
who consents if the medical practitioner
reasonably believes that the youth
understands the benefits and risks of the
care and is giving informed consent, and the
care would be to the minor’s benefit; protect
such practioners from civil or criminal liability
when they render medical care or service in
good faith to unaccompanied youth.
National Law Center on Homelessness & Poverty • National Network for Youth
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Alone Without A Home: A State-By-State Review of Laws Affecting Unaccompanied Youth
I
NTRODUCTION
The legal rights and responsibilities of analyzed the information to produce meaningful
unaccompanied young people vary among states data, identify trends, discuss noteworthy statutes, and
and territories and often depend upon the specific offer recommendations. This edition was updated
right a youth wishes to exercise. Despite the reality through hundreds of hours of pro bono services
that they are living apart from parents or guardians, provided by the law firms of DLA Piper and Dechert
youth who are legally minors lack the legal status to LLP, as well as more extraordinary intern assistance. In
live independently. Unaccompanied youth and their addition to updating the chapters from 2003, having
advocates constantly struggle with legal questions heard from advocates who were using the guide, we
regarding access to shelter, public education, and added the chapters on discharge from the juvenile
medical and mental health care; legal rights to rent justice system, the Interstate Compact for Juveniles,
property and enter into contracts; and, issues of and accessing federal benefits for the first time. In
juvenile justice, parental rights, and availability of addition, we provided a much more comprehensive
emancipation. Many of these legal questions find discussion and analysis regarding access to health
their answers in state statutes and regulations. care for unaccompanied youth than what was
included in the previous edition.
The National Law Center on Homelessness & Poverty
(Law Center) and National Network for Youth The narrative and analysis sections of the publication
(National Network) developed this guide in an effort use various non-legal terms, such as “young people,”
to respond in an efficient and comprehensive way “youth,” “youth on their own,” and “unaccompanied
to these significant legal questions. It provides youth.” In each case, we refer to youth who have not
summaries, legal citations, and analyses of laws reached the legal age of majority and/or who have
affecting unaccompanied youth from the fifty states left home, either at the demand or request of parents
and six United States territories (American Samoa, or guardians, or of their own volition. By referring
District of Columbia, Guam, the Northern Mariana to “youth” or “young people,” rather than “children,”
Islands, Puerto Rico, and the Virgin Islands). The we attempt to recognize the unique developmental
guide addresses a number of significant questions, stage and needs of older children and young adults.
ranging from how these youth are defined in the law, Where legally significant, we have used the terms
punitive versus service-based approaches to youth, “child,” “children,” or “minor.” In the statute summaries,
and the ability of youth to act on their own behalf we generally use the terms used in the statute. We
in a variety of settings. Specifically, the guide covers have also used the term “jurisdiction” to encompass
twelve topics: (1) definitions of terms relevant to both states and territories.
unaccompanied youth, (2) youth in need of services,
Each section of the publication includes a description
(3) status offenses, including running away, truancy
of the research methodology and limitations for
and curfews, (4) emancipation, (5) the right to
that chapter. Our research was limited to state and
contract, (6) access to health care, (7) discharge from
territorial statutes. We did not research administrative
the juvenile justice system, (8) the Interstate Compact
codes or other regulations, nor did we contact state
for Juveniles, (9) access to federal benefits, (10)
agencies or courts. Many statutes may have been
unaccompanied youth’s rights to public education,
modified in effect by subsequent case law which is
(11) harboring unaccompanied youth and (12) service
not reflected in this guide. Furthermore, the absence
and shelter responsibilities and resources.
of a statutory provision on a given subject does not
This guide is an update to a 2003 edition, which mean that the issue may not have been developed
was produced by the Law Center and the National through case law or common law in a given
Network in consultation with an advisory group of jurisdiction. Additional policies and practices also
legal aid attorneys, national advocacy organizations, may exist which are not reflected in the jurisdictions’
local youth advocates, and youth services providers statutes.
to identify the topical content of the publication.
We offer this guide as a tool for service providers,
With the invaluable assistance of two exemplary law
advocates, and attorneys responding to individual
students, we researched the statutes on our chosen
requests for assistance. The legal summaries and
topics, drafted summaries with legal citations, and
National Law Center on Homelessness & Poverty • National Network for Youth
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Introduction
citations provide a starting point for helping incorrigible, vagrant) for youth in high-risk situations
unaccompanied youth meet their basic needs and with neutral terminology.
exercise their legal rights. However, it is our hope and
intent that this guide also will assist those seeking 2. Youth in Need of Supervision
broader, systemic reform of statutes. Advocates are
encouraged to use the guide to place their states on Many states and territories permit the juvenile or
a continuum relative to other jurisdictions and to family court to become involved with young people
advocate for legislative and administrative solutions or families who “need supervision,” but terminology
to the real challenges facing unaccompanied youth. and procedures vary widely. Our recommendations
Both the Law Center and the National Network are include adopting nuanced policies that distinguish
eager to partner with advocates in their efforts to appropriately between young people in different
create laws that recognize the needs and dignity of circumstances, and focus on providing services to
unaccompanied youth. meet the youth’s individual needs; using terms such
as “Family with Service Needs,” “Family in Need of
As with any project of this magnitude, the possibility Services” or “Youth At Risk” rather than “Children in
exists that an important statute was missed. Readers Need of Services” to recognize the role of the family
are urged to consult their jurisdiction’s statutes, and the unique dangers facing youth. We further
regulations, or local legal counsel for more complete recommend limiting the circumstances under which
information. The legal citations provided in this runaway youth can be taken into custody, if at all,
publication are intended to assist in further research. and the duration of custody; and ensure runaway
Please report errors or omissions to the Law Center youth are never commingled with delinquent
or National Network so that we may improve future youth or adults. Law enforcement officers should be
editions of this publication. barred from forcing young people to return home
against their wishes. Importantly, enforcement
The information provided in this publication is not
systems should provide extensive opportunities for
legal advice and should not be used as a substitute
young people to avoid court involvement, through
for seeking professional legal advice. It does not
diversion programs, counseling, treatment, family
create an attorney-client relationship between the
mediation, housing assistance, and other services, as
reader and the Law Center or the National Network.
well as adequate time for youth and families to meet
treatment goals, in full consultation with the youth
A brief outline of our findings and recommendations
about their needs.
follows:
3. Status Offenses
1. Definition of Terms Pertinent to unaccompanied
Youth Status offenses are behaviors or actions that are
legally punishable only when performed by minors.
Definitions are critical components of statutes
While purportedly designed to protect young
because they establish the meaning of key terms
people from harm and victimization, they also
used therein. While most jurisdictions (48) set 18
restrict the rights of young people and can result
years old as the age of majority, only 12 jurisdictions
in entangling otherwise law-abiding youth with
include a definition of the term “youth,” establishing
the juvenile justice system. We examined runaway
some measure of protection for older youth and
youth, truancy, and curfew statutes. 50 jurisdictions
differentiating their needs from those of younger
explicitly allow police to take runaway youth into
children. We recommend establishing a separate
custody. 9 jurisdictions classify truancy as a status
definition of “youth” that is distinct from “child;”
offense or truants as delinquent. 39 jurisdictions
and extending eligibility for publicly-funded
authorize curfews. We recommend declassifying
opportunities and supports available to children and
running away as a status offense and rather assigning
youth to include older young people through age 24.
responsibility for their care and support to the
Additionally, we recommend clarifying definitions
social service system, and taking the youth’s needs
for runaway and homeless children and youth, using
into accout in designing services. We similarly
definitions found in the federal McKinney-Vento and
recommend declassifying truancy as a status offense
Runaway and Homeless Youth Acts, and replacing
and providing flexible school hours and credit and
judgmental and negative terminology (e.g., unruly,
attendance policies. Curfews should be eliminated,
National Law Center on Homelessness & Poverty • National Network for Youth
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