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Representing Juvenile Status Offenders , Runaway and Homeless Youth

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Representing Juvenile Status Offenders , Runaway and Homeless Youth. Casey Trupin Rich Hooks Wayman Jessica Kendall. Presentation Overview. Who are these youth? Role play Strategies to keep status offenders out of court Civil legal needs of homeless youth Resources/contact. - PowerPoint PPT Presentation
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Representing Juvenile Status Offenders , Runaway and Homeless Youth Casey Trupin Rich Hooks Wayman Jessica Kendall
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Page 1: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Representing Juvenile Status Offenders ,

Runaway and Homeless Youth

Casey TrupinRich Hooks Wayman

Jessica Kendall

Page 2: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Presentation Overview Who are these youth? Role play Strategies to keep status offenders out of

court Civil legal needs of homeless youth Resources/contact

Page 3: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Who Are These Youth? 1999 Incidence study: over 1.6 million teenagers

experience one-night of homelessness per year – Over 2 million 12 – 24 year olds.

Unaccompanied youth who do not have familiar support

Aged 12 to 24 years

Who are living in: On the streets In shelters or In transitional living programs Places not meant for human habitation (i.e. cars,

abandon buildings Unstable temporary nighttime residence (i.e. other

people’s homes for short time periods)

Page 4: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Typology of Homeless Youth Runaway Youth

- Fleeing youth

Couch Surfers - Transitory - Episodic

Shelter Users - Shelter Hoppers

Street-Dependent Youth - Squatters - Travelers

Page 5: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Clusters with Homeless Youth Populations Youth of Color Boys on Street Girls in Shelter Youth with Mental Health Disabilities History of Physical and Sexual Abuse Foster Youth and Youth Offenders LGBTQ YouthHistory of abuse 40 – 60% physical abuse 17 – 35% sexual abuse

Page 6: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Lacking National Capacity –

Turning Away Youth Federal funding to Runaway and Homeless Youth

Act (HHS) in FY2008 740,000 street contacts 43,000 got a shelter bed (less than 10 percent) 3,600 in transitional housing

Lack of federal, state, and local funding is a primary barrier to communities wishing to address the needs of LGBTQ homeless youth.

Page 7: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Who Are These Youth? A Status Offense is:

Noncriminal misbehavior by a child that would not be an offense BUT FOR his/her status as a minor.

Truancy Ungovernability Running Away Liquor Law Violations Curfew Violations

Page 8: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Paths to Court Involvement: Causes of Behavior Causes of Status Offense Behavior

Truancy Causes School; Family and community; and/or Student characteristics.

Truancy Effects: Potential delinquent activity; Educational failure; Substance abuse; Teen pregnancy; and/or Unemployment.

Page 9: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Paths to Court Involvement: Causes of Behavior Causes of Status Offense Behavior

Running Away Causes Child maltreatment; Substance abuse by child or parent; Under-addressed mental health issues for child or parent Child was in the company of someone known to be abusing drugs;

and/or Child spent time in a place where criminal activity was known to

occur.

Running Away Effects Delinquency; Drug abuse; Mental health issues and risk of suicide; Health problems; and/or Risk of sexual solicitation and exploitation.

Page 10: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Numbers (Status Offenders)

Estimated 400,000 youth arrested for status offenses in 2004.

Estimated 162,000 youth subject of juvenile court “status offense” petitions (1996) (increase of 101% since 1987)

39,300 approx. truancy cases 25,800 approx. runaway cases 20,100 approx. ungovernable or incorrigible cases

Page 11: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Girls Arrest rates for girls increased approximately 35%

between 1980 and 2000.

61% of petitioned runaway cases are females (annual data)

Approx. 40% of female status offenders are held in “custody” compared to 14% of females who commit delinquent acts.

Female status offenders are held in custody (detention or RTF) at twice the rate of males--on average, 105 days.

Page 12: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

The Legal System &Homeless & Runaway Youth

Many states, per CAPTA, define a neglected child as one who is w/o proper parental care or control.

How many runaway and homeless youth enter the child welfare system under this definition?

How many abused and neglected homeless youth are eligible for child welfare services but are either never referred to services or denied.

Several states explicitly list homeless children or youth within their definition of a dependent child.

A handful of states categorize runaway youth as dependent.

Most states (approx. 70 percent) categorize runaway youth as status offenders.

Page 13: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Law-Related Statistics: Former Foster Youth

Every year, 20,000 youth “age out” of the foster care system.

As many as 14 percent will be homeless in the first year following discharge.

Foster youth are at elevated risk for several reasons including:

Mental health problems Poor school performance Lack of resources & housing education

Page 14: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Role Play

Page 15: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Keeping Status Offenders Out of Detention & Deeper Court Involvement• Placing youth in out-of-home secure settings as a part of

the status system is ineffective. Research shows that punitive programs that remove a youth from his community and family make it harder to resolve his problems in the long term.

• Studies also show high recidivism rates among youth placed in large secure facilities. In fact, studies from 2005, 1997, and 1996 show that between 50% and 70% of youth in large secure detention facilities are re-arrested within two years of release.

Page 16: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Pre-Adjudication Tips

• Motion to dismiss because prerequisite filings aren’t sufficient

• Case-by-case analysis of how thorough efforts to connect children to community resources must be. Very little guidance in case law, so this leaves room for advocacy.

• Motion for a continuance until completion of services  

• Use ADR/FGDM• Make referral for mental health assessment and

access to children’s mental health services

Page 17: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Accessing Services Know services in your community that are

appropriate for status offending youth and work with their families E.g. Crisis intervention and respite care, FFT, MST,

Wraparound, and Youth Housing Programs

Seek court orders for specific interventions, where appropriate.

Access services through the Early and Periodic Screening, Diagnosis, and Treatment (EPSDT EPSDT) of Medicaid or SSI if the child is eligible.

Page 18: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Trial Tips Substantive defenses

Running away Without good cause? For a substantial period of time?

Truancy minimum number of unexcused absences that can support adjudication parental responsibility?

Procedural defenses Investigation Notice Pre-court diversion services

Contesting adjudication after the fact E.g. Improper waiver of counsel? Failure to appoint?

Page 19: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Avoiding Deeper Involvement in the JJ System

Defending Contempt/VCO Violation Was the court order valid? Did the order provide clear notice of the conduct

prohibited? Did the conduct clearly violate the order?

Avoiding Secure Confinement Know the policy arguments against it Be able to present alternatives

Page 20: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Legal Needs of Homeless Youth

Dependency Paternity Custody Education Disability Homelessness Immigration Emancipation

Status Offender Truancy Access to

Benefits Guardianship Employment Runaway Civil Rights Criminal Law

Page 21: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Health Care Medical Care through Medicaid / EPSDT Consent to Treatment SSI Legal Guardian Permission Charity Care

Page 22: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Immigration Special Immigration Juvenile Status

Access to Education

Immigration Status

Page 23: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Employment Sealing of Records

Child Labor Laws

Emancipation

TANF / State benefits (see next slide)

Unpaid wages – unfair labor practices

Page 24: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

TANF and Homeless Youth Child-Only TANF – given regardless of

income of nonparent caretakers To receive TANF benefits, teen parent

must live with a: parent or legal guardian another adult relative; or in another approved living situation

A teen/teen parent can apply without his/her parents

Parents’ income is irrelevant for eligibility

Page 25: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

SSI and Homeless Youth The only federal public benefit that provides a

monthly cash payment to a single unaccompanied youth with disabilities.

May also receive SSI benefits to supplement their TANF income.

Youth who receive SSI are also automatically eligible for Medicaid, which gives them access to low cost health care.

A youth between the ages of 16 and 18 may sign their own application, as long as they are: mentally competent, have no court appointed representative, and are not in the care

of another person or institution. Right to New Rep. Payee when needed

Page 26: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Food Stamps and Homeless Youth

The food stamp program provides funds that youth can use to buy food at grocery stores, certain retail stores, and some restaurants.

No age minimum No parent signature required No denial solely due to lack of

address/photo id.

Page 27: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Family Law

Paternity / Custody

Third Party (Nonparental) Custody

Guardianship

Child Support

Emancipation

Page 28: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Housing/Homeless Abuse and Neglect Status offender laws Guardianship Third Party Custody Emancipation Runaway Contracts for Necessities Landlord/Tenant Denial of Services – Fair Housing Issues

Page 29: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Education Enrollment Homelessness Truancy Discipline Special Education Financial Aid (FAFSA form)

Page 30: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Some Applicable Federal Laws & Policies

Runaway and Homeless Youth Act

Juvenile Justice & Delinquency Prevention Act

McKinney-Vento Homeless Assistance Act

No Child Left Behind Act

White House Task Force on Disadvantaged Youth

Family Violence Prevention and Services Discretionary Grants Program

Chafee Foster Care Independence Program

Page 31: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

SYSTEMIC ADVOCACYMore than direct representation Enact laws or local policies Create changes to East Access to Benefits Reform Child Welfare System Improve Quality of Existing Services Create Statewide Advocacy Systems

Page 32: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Systemic Changes Enact laws or local policies

RHY Act – dedicated local funding stream Foster care services up to age 21 – States opt

in Local right to shelter (cold weather rule)

Create changes to Ease Access to Benefits Is there ease of access to health care Ease of access to food stamps, medicaid, and

income support (bundle in application process)

Page 33: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Systemic Changes – Lawyers Involved Reform Child Welfare System

Ease of access to family preservation services Discharge planning from foster care & juvenile justice Chafee program allows access to housing Juvenile Justice system has re-entry program

Improve Quality of Existing Services Local collaborative setting code of ethics, standards,

coordinating services, and evaluating outcomes Training of staff to be culturally competent Identify gaps in local spectrum of services – target

toward typology Coordinated outreach – focus on schools Data Collection – HMIS – common outcome measures

Page 34: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Systemic Change – Lawyers Involved Create Statewide Advocacy Systems

10 year plan that includes youth goals State Coalition focused on legislation and

administrative agencies Local HUD Continuum of Care process funds

youth housing

Page 35: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Resources ABA Center on Children and

the Lawwww.abanet.org/child ABA Commission on

Homelessness and Povertywww.abanet.org/homeless ABA Commission on Youth at

Riskwww.abanet.org/youthatrisk National Runaway

Switchboardhttp://www.1800runaway.org

National Alliance to End Homelessness www.endhomelessness.org

National Coalition for the Homelesswww.nationalhomeless.org

National Law Center for Homelessness and Poverty www.nlchp.org

National Association of the Education of Homeless Children and Youth www.naehcy.org

National Network for Youth

www.NN4Youth.org

Page 36: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Other Resources ABA youth policies:

http://www.abanet.org/youthatrisk/youthpolicies/home.shtml

OJJDP/ABA video conference: http://www.ncjrs.gov/app/Search/Abstracts.aspx?id=238511

ABA publications & upcoming article series: http://www.abanet.org/child/jso.shtml

Page 37: Representing Juvenile Status Offenders , Runaway and  Homeless Youth

Contact Casey Trupin - Columbia Legal ServicesABA Comm’n on Homelessness & PovertyPh. (206) [email protected]

Rich Hooks Wayman - National Alliance to End Homelessness

Ph. (202) [email protected]

Jessica Kendall - ABA Center on Children and the LawPh. (202) [email protected]


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