Hartford, CT May 31, 2007

1. AssistingUnaccompaniedChildren and Youth:Overcoming Hurdles and Opening DoorsPatricia JulianelleNational Association for the Education of Homeless Children and Youthpjulianelle@naehcy.org Hartford, CT May 31, 2007

2. “…Through it all, school is probably the only thing that has kept me going. I know that every day that I walk in those doors, I can stop thinking about my problems for the next six hours and concentrate on what is most important to me. Without the support of my school system, I would not be as well off as I am today. School keeps me motivated to move on, and encourages me to find a better life for myself.”Carrie Arnold, LeTendre Scholar, 2002

3. Our Agenda Today • Who are unaccompanied children and youth? • McKinney-Vento overview: Identification, Enrollment and Attendance, law and strategies • Special education for unaccompanied youth • Working with other systems: laws, programs, and resources

4. Who Are UnaccompaniedChildren and Youth under the Law? • STEP 1: Must meet the McKinney-Vento definition of homeless: Children and youth wholack a fixed, regular, and adequate nighttime residence: • Sharing the housing of others due to loss of housing, economic hardship, or similar reason • Living in motels, hotels, trailer parks, camping grounds due to lack of adequate alternative accommodations • Living in emergency or transitional shelters • Awaiting foster care placement • Living in a public or private place not designed for humans to live • Living in cars, parks, abandoned buildings, substandard housing, bus or train stations, etc. • Migratory children living in above circumstances

5. Who Are Unaccompanied Children and Youth under the Law? (cont.) • STEP 2: McKinney-Vento eligible children and youth who arenot in the physical custody of a parent of guardian • Is there an age range? No.McKinney-Vento applies to all school-aged children and youth as defined by state law. • Is there a citizenship requirement? No.Supreme Court case Plyler v. Doe (1982)makes it unlawful for schools to to deny access to undocumented immigrants or ask about immigration status. McKinney-Vento must be equally applied to undocumented students.

6. Who Are Unaccompanied Children and Youth in your Community? • Studies have found that 20-50% of unaccompanied youth were sexually abused in their homes, while 40-60% were physically abused. • Only about half of homeless youth are considered to have a chance of family reconciliation. • 20-40% of unaccompanied youth identify as gay, lesbian, bisexual or transgender (compared to 3-5% of adults).

7. Who Are Unaccompanied Children and Youth in your Community? (cont.) • 70% of pregnant teenagers are abused by their dating partner. • Homeless youth are six times more likely to be in foster care. 25-40% of youth who emancipate from foster care will end up homeless. • Who are unaccompanied youth in your community?

8. Must schools enroll children and youth in school if there is no proof of guardianship? Yes. • McKinney-Vento requires immediate enrollment of homeless children and youth. Lack of guardianship papers cannot delay or prevent enrollment. • Neither can lack of other enrollment documents, such as school records, immunizations, proof of residency, etc. • School districts must eliminate barriers to youth’s enrollment in school.

9. How can schools enroll children and youth in school if there is no proof of guardianship? • Caregiver enrollment forms (sample at http://www.serve.org/nche/downloads/toolkit/app_e.pdf) • Youth self-enrollment • Liaison enrollment • How are unaccompanied youth enrolled in your school?

10. Do schools have to contact the police when enrolling unaccompanied youth? NO. This would create a barrier to enrollment and retention in school! • Schools must enroll youth immediately; school is the safest and best place for youth • Educators are only mandated to report abuse and neglect, and this reporting is to DCF • Running away from home does not violate CT law • If you have reason to suspect kidnapping, you can immediately see if the student has been reported missing at www.missingkids.com or 1-800-THE-LOST.

11. Can unaccompanied youth stay in one school despite moving from place to place? Yes. • McKinney-Vento allows homeless children and youth to remain in their school of origin while homeless. • School of origin is the school they attended when permanently housed or the school where last enrolled. • Students must be allowed to attend their school of origin as long as it is feasible • Feasible is a child-centered, individualized determination (USDE Guidance, page 14; http://www.ed.gov/programs/homeless/guidance.pdf)

12. Can unaccompanied youth receive transportation to the school of origin? Yes. • McKinney-Vento requires school districts to provide transportation to the school of origin • Transportation strategies for older youth may include public transportation, reimbursement for gas, school buses, taxis, or other methods

13. Who is responsible for implementing these policies in school districts? • Everyone • Every school district must designate a McKinney-Vento Liaison • Who is the Liaison in your school district? • Ask Louis Tallarita: (860) 807-2058 or Louis.Tallarita@ct.gov

14. Liaisons—Key Provisions • Liaisons must ensure McKinney-Vento is implemented in their school districts • Liaisons must identify unaccompanied youth through school and community collaborations. • Liaisons must help unaccompanied youth choose and enroll in a school, after considering the youth’s wishes, and inform the youth of his or her rights to transportation and to appeal decisions. • School personnel must be made aware of the specific needs of runaway and homeless youth.

15. How do liaisons identify unaccompanied youth? • Provide awareness activities for school staff (registrars, secretaries, counselors, social workers, nurses, teachers, bus drivers, administrators, truancy and attendance officers, security officers, ...) • Educate school staff about “warning signs” that may indicate an enrolled child or youth may be experiencing homelessness • Coordinate with community service agencies, such as shelters, soup kitchens, drop-in centers, street outreach, DCF, juvenile court, legal aid, teen parent programs, gay/lesbian/bisexual/transgender youth organizations, public assistance, mental health…

16. How do liaisons identify unaccompanied youth? (cont.) • Provide outreach materials and posters where unaccompanied youth “hang out”, including laundromats, parks, campgrounds, skate parks, clubs/organizations, … • Enlist youth to help spread the word • Develop relationships with truancy officials and other attendance officers • Avoid using the word "homeless" in initial contacts with school personnel and youth

17. Does a school have to help unaccompanied youth make up lost credits? YES. • Many unaccompanied youth are absent or tardy due to homelessness, often resulting in youth not earning credits due to credit accrual policies • McKinney-Vento requires that schools and districts remove barriers to enrollment and retention • Credit accrual policies that unaccompanied youth fail to meet due to homelessness are barriers, and must be revised

18. How can schools help unaccompanied youth make up lost credits? • Award partial credits • Offer flexible school hours • “Chunk” credit into smaller time frames • Award credit for work • Provide independent study opportunities • Provide self-paced computerized learning opportunities, attached to regular HS programs • Partner with local community colleges and universities (“middle college high schools”) • These initiatives can be funded with M-V funds and Title IA set-aside funds

19. How Does All This Work? • Listen to youth. Work to build trust with them and understand that their life experiences with adults thus far likely give them no reason to trust you. • Talk to youth about their goals, interests and strengths, and engage them in school based on what you hear from them. • Keep the wishes and needs of the youth central to the decision making process

20. How Does All This Work? (cont.) • Provide a “safe place” and trained mentor at school, for unaccompanied youth to access as needed. • Revise LEA policies to accommodate unaccompanied youth and comply with the McKinney-Vento Act. • Train all school staff on the definition, rights and needs of unaccompanied youth (registrars, secretaries, counselors, social workers, nurses, teachers, bus drivers, administrators, truancy and attendance officers, security officers…) • Free your mind: TWADI holds us back!

21. Now Walk with Me into Special Education Land… • Under the Individuals with Disabilities Education Act (IDEA), all rights belong to “parents”, not students • Parent is broadly defined: • Biological or adoptive parent, • Foster parent, • Guardian, • Person who is acting in the place of a parent and with whom the child is living, or • A person legally responsible for the child

22. Who can make decisions related to special education for an unaccompanied youth? • Someone who meets the definition of “parent” • If there is no “parent”, then IDEA requires schools to appoint surrogate parents for unaccompanied youth within 30 days • IDEA regulations permit staff members of emergency shelters, transitional shelters, independent living programs, street outreach programs, the State, LEA, or other agency involved in care/education of youth to serve as temporary surrogate parents for unaccompanied youth

23. What about school liability or parental disapproval? Liability is based on the concept of negligence, or a failure to exercise reasonable care. • Following federal law and providing appropriate services are evidence of reasonable care. • Violating federal law and denying services are evidence of negligence.

24. BREAK “Through our conversations I discovered her to be a mature young woman with much responsibility on her shoulders. Through the outstanding work she completed in my class, I also discovered her capability to rise above the difficulties she faced in her personal life and excel at school.” Recommendation letter for 2006 LeTendre Scholar Michelle, from her Economics teacher

25. Truancy Job Corps Financial aid for college DCF Medical and mental health care FWSN Juvenile court Public Benefits Housing Immigration Emancipation Opening More Doors

26. Truancy Court Prevention Project • Center for Children’s Advocacy and Hartford Public Schools, with: • Capitol Region Education Council • Catholic Family Services • Connecticut Judicial Department • Village for Families & Children • Goal: reduce truancy and avoid court • Case management for 9th grade truant students • Review of academic records; educational assistance • Court sessions held at school • Attendance Improvement Plan: mentoring, counseling, crisis intervention, after-school programs, job readiness, job placement

27. Job Corps and Unaccompanied Youth • Federal Job Corps policy requires signature of parent or guardian. • Job Corps programs can waive requirement for youth who have no parent or guardian, cannot locate parent or guardian, are legally emancipated, have parents who do not object to participation—advocates can use this to assist unaccompanied youth to enroll without parent signature.

28. Federal Financial Aid • Under the Higher Education Act, youth who meet the definition of “independent student” can apply for federal aid without parental information or signature • Unaccompanied youth are not automatically considered independent • BUT a financial aid administrator at a college can designate a student as independent due to “other circumstances;” may consider homelessness, with advocacy • "FASFA Fix for Homeless Kids Act," H.R. 601, would make unaccompanied youth automatically independent (uponverification by liaison, shelter director, or financial aid administrator)

29. Department of Children and Families • Independent Living Programs do exist • Community Life Skills Program (15-21) • SWETP: Supportive Work, Education and Transition Program (16 or older, transitional living apartment program) • CHAP: Community Housing Assistance Program (HS graduate or GED, independent living, cash assistance, payment for college/voc.ed) • Aftercare for 6 months

30. Department of Children and Families (cont.) • Most programs only apply if the youth is in care at age 18! • Including money for college • Social services in some states are under pressure to remove youth from care before age 18 • http://www.kidscounsel.org/TLAC%20mar%2007%202007%20independent%20living.pdf

31. Can unaccompanied youth consent to their own medical treatment? Yes, for the following treatment: • STDs • AIDS testing and treatment, only if physician determines that notifying the parent/guardian will result in treatment being denied; or that the youth will not seek or continue treatment if the parent/guardian is notified and the youth requests that the parent/guardian not be notified • Abortion • Substance abuse (cannot inform parents of treatment w/o minor’s consent) • Emergency treatment • Any medical treatment of the youth’s own child

32. Can unaccompanied youth consent to their own medical treatment? (cont.) Maybe, for mental health treatment (tx): • 6 sessions without consent, if: requiring consent is a barrier to tx, tx is clinically indicated, lack of tx would be seriously detrimental to the youth, the youth has knowingly and voluntarily sought tx, and the provider believes the youth is mature enough to participate productively • After 6th session, parental consent required unless would be seriously detrimental to the minor's well-being.

33. Family With Service Needs (FWSN) • Families determined by law to need services through juvenile court • Includes families with a youth who has run away without just cause, is beyond parent/guardian control, is habitually truant, or engaged in “indecent or immoral conduct” • Families may be referred to FWSN by law enforcement, school superintendents, DCF, youth services, parents, or youth • Upon referral, probation officer will examine case to see if FWSN referral is appropriate

34. Family With Service Needs (cont.) • If parents report to police as FWSN, police must look for their child • Must inform parents of whereabouts • May bring youth home, to home of another person, hold in custody for up to 12 hours, or bring to a youth service provider • Court must hold hearing on the placement within 10 days • Court will then provide services, refer to DCF, or place youth with an adult under court supervision

35. Juvenile Court Issues • Runaway youth may be taken into custody by a police officer with sole written consent of the youth. • The police officer must transport the youth to a facility that offers services to runaway youth. • The facility shall inform the youth’s guardian of the youth’s presence at the facility within 12 hours, if practicable.

36. TFA and homeless youth • Temporary Family Assistance for low-income parents (including teen parents) and their children • Teens must also be: • Pregnant or parenting • Living with parent, stepparent, or legal guardian* • Attending school at least 20 hours/week • Citizen, LPR or some other immigrants • 21-month limit after 18th birthday

37. TFA and homeless youth (cont.) • What if the youth is unaccompanied? • Must prove to DSS that you don’t have a living parent/guardian, can’t find them, they won’t let you live with them, or living with them would be harmful to you or baby • Must live with a relative, relative of the baby, or other adult-supervised situation; that adult will be the payee • What if there simply are no adults available? • Must prove to DSS that aren’t any adults available, can’t find them, they won’t let you live with them, or living with them would be harmful to you or baby • In that case DSS may name you the payee • http://www.kidscounsel.org/TFA%20cash%20assistance.pdf

38. SSI and homeless youth • The only public benefit that provides a monthly cash payment to a single unaccompanied youth with disabilities. • May also receive SSI benefits to supplement their TFA 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.

39. 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.

40. Housing Options • Runaway and Homeless Youth Act (RHYA): • Basic Center 15-day emergency shelters • Transitional Living Programs for youth 16-21 • Street Outreach Program • No income limits • Youth can enter without parental consent, but the program must contact parents within 72 hours

41. Immigration • Special Immigration Juvenile Status—Youth who are eligible for foster care due to abuse, neglect, or abandonment may qualify for lawful permanent residence (LPR). • Violence Against Women Act—Youth who are being abused by a parent or stepparent who is a legal resident or citizen may qualify for LPR (also women abused by spouse) • http://www.kidscounsel.org/immigration.pdf

42. Emancipation • Youth 16 or 17 • One of the following must apply: • Married • In military • Living apart from parents and supporting self • In best interest to be emancipated • Youth or parent/guardian must petition juvenile or probate court for emancipation • Youth obtain both legal rights and responsibilities of adults • http://www.kidscounsel.org/emancipation%20pdf.pdf

43. Tips for a coordinated approach to addressing the needs of unaccompanied youth • Be familiar with your state and local policies regarding unaccompanied youth, both in school and out. Advocate for improvements to those policies where necessary • Create an interagency task force that includes representatives from the school district, social services, shelters, soup kitchens, drop-in centers, street outreach, DCF, juvenile court, law enforcement, legal aid, teen parent programs, gay/lesbian/bisexual/transgender youth organizations, public assistance, mental health, youth services, etc. to review and revise service delivery models and policies, to establish joint application forms and locations, and to develop a unified and “youth-friendly” approach

44. Tips for Working with Attorneys • Be clear on your responsibilities to communicate with/through District counsel • Open communication • Quick responses generally show desire to resolve issue • Understand the advantages/disadvantages of written communication • much clearer and often quicker • Oral - can communicate tone, can be more personal • Don't start out on the defensive or “take the bait”

45. Chris Chris, 16, recently showed up at Vento High School, where you are the Principal. Chris explained that he was staying with a friend who attends your school and wanted to go to your school, instead of the school he used to attend (which is in a different district). Chris explained that he wasn’t living with his mom anymore. He said she knew where he was and “didn’t care.”

46. Chris – Q’s • What are the first 3 specific things you would do to start to build trust with Chris and get more information about his situation? 1. How does the McKinney-Vento Act pertain to this situation? 2. Do you have any responsibility to report Chris’s whereabouts to anyone? Does it make a difference if he tells you his mother’s boyfriend hits him? 3. What would be your responsibility if Chris’s mother contacted you and told you that he had run away without permission? What if he was staying with his friend with his mom’s permission, but she told you she wanted him to keep going to his old high school? 4. What would you do to support Chris in school? What if he’d missed a month of school this semester due to his homelessness? 5. What resources might Chris have if reuniting with his mother was not an option? If he had a child and his “friend” was his girlfriend? If he was trying to get into college? If he was in DCF custody? 6. How would you work with your district to create the changes that are needed so situations like this can be responded to appropriately for all students who experience them?

47. What national groups can help? • National Runaway Switchboard www.nrscrisisline.org; 1-800-621-4000 • National Network for Youth www.nn4youth.org • Runaway and Homeless Youth Act Program, U.S. Department of Health and Human Services www.acf.dhhs.gov/programs/fysb/content/youthdivision/index.htm

48. What CT groups can help? • http://www.connlegalservices.org/CLSFrameset-LR.html • http://www.ctkidslink.org/ • http://www.kidscounsel.org/ • http://www.kidscounsel.org/links_connecticut.htm • http://www.jud.state.ct.us/LawLib/Law/minors.htm