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Alone Without a Home: a National Review of State Laws Affecting Unaccompanied Youth

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Alone Without a Home: a National Review of State Laws Affecting Unaccompanied Youth ALONE WITHOUT A HOME: A NATIONAL REVIEW OF STATE LAWS AFFECTING UNACCOMPANIED YOUTH SECTION NAME ALONE WITHOUT A HOME: A NATIONAL REVIEW OF STATE LAWS AFFECTING UNACCOMPANIED YOUTH A REPORT BY: FEBRUARY 2019 ALONE WITHOUT A HOME: A NATIONAL REVIEW OF STATE LAWS AFFECTING UNACCOMPANIED YOUTH ABOUT THE NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY ABOUT THE ORGANIZATIONS The National Law Center on Homelessness & Poverty (Law Center) is the only national organization dedicated to using the power of the law to end and prevent homelessness. The Law Center works to expand access to affordable housing, meet the immediate and long-term needs of those who are homeless or at risk, and strengthen the social safety-net through policy advocacy, public education, impact litigation, and advocacy training and support. Our vision is for an end to homelessness in America. A home for every family and individual will be the norm and not the exception; a right and not a privilege. For more information about the Law Center and to access publications such as this report, please visit its website at www.nlchp.org. ABOUT THE NATIONAL NETWORK FOR YOUTH The National Network for Youth (NN4Y) has been serving the youth of America for more than 40 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. NN4Y is committed to ensuring that opportunities for growth and development are 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 NN4Y and to access publications such as this report, please visit its website at www.nn4youth.org. LEGAL DISCLAIMER The information provided in this publication is not legal advice and should not be used as a substitute for seeking professional legal advice. It does not create an attorney- client relationship between the reader and the Law Center or NN4Y. NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY | NATIONAL NETWORK FOR YOUTH 2 ALONE WITHOUT A HOME: A NATIONAL REVIEW OF STATE LAWS AFFECTING UNACCOMPANIED YOUTH NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY BOARD OF DIRECTORS NLCHP BOARD AND STAFF Edward R. McNicholas Rajib Chanda Pamela Malester Chair Simpson Thacher & U.S. Department of Health Sidley Austin LLP Bartlett LLP and Human Services (retired) Bruce E. Rosenblum Dwight A. Fettig Vice-Chair Porterfield, Fettig & Sears Tashena Middleton The Carlyle Group LLC Attorney Robert C. Ryan Julia M. Jordan G.W. Rolle Treasurer Sullivan & Cromwell LLP Missio Dei Church American Red Cross Steve Judge Jeffrey A. Simes Kirsten Johnson-Obey Private Equity Growth Goodwin Procter LLP Secretary Capital Council (retired) NeighborWorks America Vasiliki Tsaganos Father Alexander Eric A. Bensky Karloutsos Robert Warren Murphy & McGonigle PC Greek Orthodox People for Fairness Archdiocese of America Coalition Paul F. Caron Microsoft Corporation Georgia Kazakis Maria Foscarinis Covington & Burling LLP President Bruce J. Casino Executive Director Attorney *Affiliations for identification purposes only NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY STAFF Tristia Bauman Maria Foscarinis Jordan Goldfarb Senior Attorney Executive Director AmeriCorps VISTA Lisa DeBone Jolie Steinert Eric Tars Development & Executive Assistant Legal Director Communications Associate Nicole Davies Cassidy Waskowicz AmeriCorps VISTA Acting Director of Rachel Lee Development & AmeriCorps VISTA Deborah Shepard Communications Operations Manager Marta Beresin Volunteer Attorney NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY | NATIONAL NETWORK FOR YOUTH 3 ALONE WITHOUT A HOME: A NATIONAL REVIEW OF STATE LAWS AFFECTING UNACCOMPANIED YOUTH NATIONAL NETWORK FOR YOUTH BOARD OF DIRECTORS Melinda Giovengo Laurie Jackson Leon Andrews NN4Y BOARD AND STAFF Chair National Safe Place National League of Cities YouthCare Bonnie Politz Brennon Graham Melanie Heitkamp Youth and Community Growing Home Vice-Chair Strategy Consultant Southeast, Inc. YouthWorks Paul Hamann Alison Kear Debbie Shore The Night Ministry Covenant House Alaska Immediate Past Chair Sasha Bruce YouthWork Pat Holterman-Hommes Arash Ghafoori Youth In Need Nevada Partnership for Jeffrey Fetzko Homeless Youth Treasurer Fetzko Consulting NATIONAL NETWORK FOR YOUTH STAFF Darla Bardine, JD Eric Masten Executive Director Director of Public Policy Yorri Berry-Harris Amy Louttit, JD Director of Youth Engagement Public Policy Associates NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY | NATIONAL NETWORK FOR YOUTH 4 ALONE WITHOUT A HOME: A NATIONAL REVIEW OF STATE LAWS AFFECTING UNACCOMPANIED YOUTH TABLE OF CONTENTS ACKNOWLEDGMENTS 6 OF CONTENTS TABLE EXECUTIVE SUMMARY 7 INTRODUCTION 12 I. IDENTIFICATION 20 II. STATUS OFFENSES 25 Status Offenses—Running Away 27 Status Offenses—Truancy 29 Status Offenses—Curfew 32 III. DISCHARGE FROM THE JUVENILE JUSTICE SYSTEM 35 IV. INTERSTATE COMPACT FOR JUVENILES 40 V. SHELTERS AND SERVICES FOR UNACCOMPANIED YOUTH 45 VI. HARBORING UNACCOMPANIED YOUTH 50 VII. YOUTH IN NEED OF SUPERVISION 55 VIII. RIGHTS OF YOUTH TO ENTER INTO CONTRACTS 63 IX. FEDERAL PUBLIC BENEFITS 68 TANF 69 SNAP 74 X. RIGHTS OF UNACCOMPANIED YOUTH TO PUBLIC EDUCATION 80 XI. HEALTH CARE ACCESS FOR UNACCOMPANIED YOUTH 88 Overcoming Financial Barriers 90 Consent and Confidentiality 96 XII. DEFINITIONS, TERMINOLOGY, AND LABELS DESCRIBING UNACCOMPANIED YOUTH 106 XIII. EMANCIPATION 111 APPENDIX 118 NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY | NATIONAL NETWORK FOR YOUTH 5 ALONE WITHOUT A HOME: A NATIONAL REVIEW OF STATE LAWS AFFECTING UNACCOMPANIED YOUTH ACKNOWLEDGMENTS The National Law Center on Homelessness & Poverty and National Network ACKNOWLEDGMENTS for Youth are grateful to the following individuals and firms for their tremendous contributions to the research, writing, and layout of the report: Latham & Watkins LLP, the Carlyle Group, and DLA Piper 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. In particular we are grateful for Anna-Kay Richards of Latham & Watkins LLP, Jonathan Menitove of Simpson Thacher & Bartlett LLP, and Anne Geraghty Helms of DLA Piper LLP, for supervising the research projects for their respective firms. National Law Center staff present and past, including Maria Foscarinis, Janet Hostetler, Eric Tars, Cassidy Waskowicz, Michael Santos, Marta Beresin for supervising and editing this report through its many stages of development. National Law Center interns and fellows, especially Jason Carroll, Nicole Davies, Janna Driskel, Audrey Koontz, LeGrand Northcutt, Nathaniel Pettit, Rachel Risoleo, Charlotte Schwebel, Harry Seavey, Fina Short, Asritha Vinnakota, Sidi Wen and Alisha Zhao. National Network for Youth staff, including Darla Bardine, Eric Masten, and Amy Loutitt for editing, providing feedback, and developing additional content for the update. A special thanks to Christiann Tavitas, NN4Y’s summer law intern. National Network for Youth’s National Youth Advisory Council. The Law Center and National Network for Youth acknowledge with gratitude the generous support of the Bank of America Foundation, Raikes Foundation, and our anonymous donors. The Law Center would also like to thank AmeriCorps VISTA for its support. The Law Center would also like to thank our Lawyers’ Executive Advisory Partners (LEAP) member law firms: Akin Gump Strauss Hauer & Feld LLP; Arent Fox LLP; Baker Donelson PC; Covington & Burling LLP; Dechert LLP; Fried, Frank, Harris; Goldman Sachs and Co. LLC; Goodwin Procter LLP; Kirkland & Ellis LLP; Latham & Watkins LLP; McCarter & English LLP; Microsoft Corporation; Sheppard Mullin Richter & Hampton LLP; Sidley Austin LLP; Simpson Thacher & Bartlett LLP; Sullivan & Cromwell LLP; and WilmerHale. NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY | NATIONAL NETWORK FOR YOUTH 6 ALONE WITHOUT A HOME: A NATIONAL REVIEW OF STATE LAWS AFFECTING UNACCOMPANIED YOUTH EXECUTIVE SUMMARY EXECUTIVE SUMMARY Background Each year, an estimated 4.2 million youth and young adults experience homelessness, 700,000 of whom are minors who are not with a parent or guardian.1 These youth leave home for a variety of reasons, including severe family conflict, parental abuse or neglect, parental mental health issues, or substance abuse. Some leave home or are forced to leave after divulging a pregnancy or identifying as LGBTQ. Unaccompanied youth experiencing homelessness face numerous legal barriers that often complicate their attempts to meet their basic needs and prevent them from obtaining assistance from state agencies and service providers who could otherwise help them. Further complicating matters is that many of these laws vary considerably on the state and local levels. This variation creates misinterpretations by service providers and avoidance of services on the part of youth experiencing
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