Patricia Julianelle & Barbara Duffield National Association for the Education of Homeless Children...

SUPPORTINGUNACCOMPANIED YOUTH:MORE TOOLS FOR THE JOB

Patricia Julianelle & Barbara DuffieldNational Association for the Education of Homeless Children and Youth

2011 Southern Regional [email protected]; [email protected]

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Our Agenda

What are your top challenges in supporting unaccompanied youth? Immediate enrollment and full participation FERPA and records Financial aid for collegeHousing and health care Immigration

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Immediate enrollment

Without documents, without parent, without guardian. Cannot require caregivers to get guardianship

Means “attending classes and participating fully in school activities” Clubs, tutoring, sports, etc.

Who signs? Youth, caregiver, liaison

http://center.serve.org/nche/downloads/briefs/guardianship.pdf

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Parental disapproval / school liability

Liability: 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. Be reasonable based on the circumstances (school

counselor, family mediation, CPS if necessary) Talk with the youth

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Parental disapproval /school liability (cont.)

“Harboring”: Triggered by providing shelter or concealing a youth from a parent Don’t hide children from their parents Don’t provide ongoing shelter without contacting

parent, police or CPS Check 1-800-THE-LOST or http://missingkids.com

Running away as a status offense or “conduct indicating a need for supervision.”: So what?

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Contacting police and CPS

MV requires eliminating barriers to enrollment and retention in school. Arrest, custody and foster care are threats and barriers to

unaccompanied youth. Schools must enroll youth immediately. School is the safest

and best place for youth.Educators are only mandated to report suspected

abuse and/or neglect (homelessness alone is not abuse/neglect) to child welfare.

Build relationships with law enforcement, juvenile justice and local CPS.

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Full Participation

If students miss deadlines, do not meet residency requirements or cannot pay fees due to homelessness, those deadlines, requirements and fees must be waived.

Athletic associations are “state actors”-- barriers to school sports violate the McKinney-Vento Act. Students have won cases in OR, WA, others Liaison determines eligibility

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Full Participation (cont.)

Who can make decisions for an unaccompanied youth regarding participation in classes, sports, activities, field trips, etc.?

States and school districts have implemented a variety of policies and procedures. Youth make decisions on their own. Local liaison makes decisions. Caregiver forms allow other adults to make decisions. Exercise “due care”

http://center.serve.org/nche/downloads/briefs/extra_curr.pdf

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Full Participation (cont.)

Grand Traverse County, MI Academic Mentors$135,000 in Title IA homeless set-asideProvides every unaccompanied youth an academic

mentor who: Follows youth’s progress on a weekly or daily basis; Provides needed support immediately; Reduces the negative impact of homelessness on academic

success and social-emotional well-being; Helps students develop lifelong learning and independence

skills.80% graduation rate the first year; 100% the second

year.

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FERPA and Unaccompanied Youth

“Parent” has the right to review records and consent to their disclosure.

Strategies for unaccompanied youth Rights transfer to youth at age 18 “Parent” includes “an individual acting as a parent in

the absence of a parent or a guardian” Give FERPA rights to youth under 18, as long as doesn’t

supersede parent’s rights and youth is responsible enough to have the rights.

Parental rights always trump these strategies

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FERPA Strategies forUnaccompanied Youth (cont)

Apply an exception to the consent requirement Transfer students Other school officials whom the district or school

has determined to have legitimate educational interests

In connection with financial aid Directory information http://www.naehcy.org/naehcy_pubs.html

Higher Education – Financial Aid for Unaccompanied Youth

Generally

Youth who meet the definition of “independent student” can complete the FAFSA without parental income information or signature.

Unaccompanied youth are automatically considered independent students. Must be verified as unaccompanied and homeless during the

school year in which the application is submitted. Youth who are unaccompanied, at risk of homelessness, and

self-supporting are also automatically considered independent students. Must be verified as such during the school year in which the

application is submitted.

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Generally

Verification must be made by: McKinney-Vento Act school district liaison, HUD homeless assistance program director or their

designee, Runaway and Homeless Youth Act program director or their

designee, or Financial Aid Administrator

New guidance in the FAA “Application and Verification Guide” (AVG) is very helpful!

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Generally

FAFSA Questions 55-57 55: Determined by homeless liaison 56: Determined by HUD shelter 57: Determined by RHYA program Check “yes” to applicable question.

For students without a determination: Check “yes” to question if they can get a

determination and contact that person. Check “no”, leave the parent section (3) blank, and

contact the college FAA.14


Generally

Total Number of Applicants for Independent Status - 19,490,665Total Number of Applicants who indicated a homeless circumstance - 47,204

Determined by MV Liaison: 16,331 applicants Determined by HUD provider: 12,288 applicants Determined by RHYA provider: 18,390 applicants

www.naehcy.org/higher_ed.html15

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Housing Innovations

Schools and community agencies teaming up Host Homes Group Homes Independent Living

Graduation rates and achievement are soaringOften require very little fundinghttp://www.naehcy.org/naehcy_pubs.html

Minor Consent for Health Care

AL: Age 14 or over can consent to any legally authorized medical, dental, health or mental health services. Ala. Stat. §§22-8-4; 22-8-7

AR: Any minor of sufficient intelligence to understand and appreciate the consequences of the treatment or procedures. Ark. Stat. 20-9-602(7)

OK: Any minor separated from his parents or legal guardian for whatever reason and not supported by his parents or guardian. 63 Okl. Stat. § 2602

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Health Care Strategies

EmergenciesHealth care for the Homeless providersLiaison advocacyPhone consent of parentHave parent sign a health care power of attorneyAsk child welfare agency for helpAny person relying in good faith on representations

re: identity, age, relationship should not be held liable for providing care.

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Immigration Resources

Immigration and Schools: Supporting Success for Undocumented Unaccompanied Homeless Youth http://www.naehcy.org/dl/immig.pdf

ACLU’s Immigrant Services Directory: Public Resources for Intake Referrals http://www.aclu.org/immigrants-rights/immigrant-

services-directory-public-resource-intake-referrals

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What’s the Lingo for Immigrants?

Immigrants: intend to remain indefinitelyNon-immigrants: temporary and specific

purposeLawful status: have permission to be in the US

and compliant with termsWithout status/out of status/undocumented:

Without permission and/or noncompliant

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What’s the Lingo for Immigration Enforcement?

Dept. of Homeland Security (DHS)US Citizenship and Immigration Service (USCIS) Immigration of Customs Enforcement (ICE)Customs and Border Protection (CBP)

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What’s the Lingo for Services for Immigrant Youth?

Dept. of Health & Human Services (HHS)Office of Refugee Resettlement (ORR)

Unaccompanied Refugee Minors Program (URM) Division of Unaccompanied Children’s Services

(DUCS)

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Potential Paths to Legal Status - Asylum

Asylum– People who have suffered persecution, or face a reasonable possibility of persecution, in their home country, on the basis of race, religion, nationality, membership in a particular social group, or political opinion.

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Asylum (cont.)

Possible grounds for asylum for unaccompanied children in the United States: Recruitment as a gang member or child soldier Child forced into prostitution, or marriage Female genital mutilation Political activity of child or her/his parent Child targeted on basis of sexual orientation Vulnerability as a street child or victim of domestic

violence

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Potential Paths to Legal Status –

SIJS

Special Immigrant Juvenile Status (SIJS) —For children who cannot reunify with their

parents due to abuse, abandonment or neglectDetermination by a state “juvenile” court is a

prerequisite to applying for SIJS Can lead to lawful permanent status

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SIJS (cont.)

Eligibility criteria Unmarried & under 21; subject to state law age limits Abuse, abandonment, neglect or similar maltreatment Not viable to reunify with parents Not in best interests to return to country of origin Dependent on juvenile court or placed in custody, in

accordance with state law

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U visa

U Visa—A person who (1) has suffered substantial physical or mental abuse from a designated crime, and (2) will be helpful in the investigation or prosecution of that crime (or a “next friend” will help).

Being a victim of child abuse meets the first criterion, if the abuse would also be a crime.

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VAWA

Violence Against Women Act (VAWA) -- Youth who are being abused by a parent or other adult who is a legal resident or citizen with whom child resides.

Extreme cruelty – can be physical, emotional or mental.

Children can also be included on an abused parent’s application.

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T visa

Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; OR

The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purposes of subjection to involuntary servitude, debt bondage or slavery.

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What Are Undocumented Students’ Education Rights?

The same right to attend public school as citizens.

Plyler v. Doe (Supreme Court, 1982)Schools cannot require immigration

documents or social security numbers for enrollment.

Schools cannot ask any immigration questions or “chill” enrollment.

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What if a Parent/Youth Shares Immigration Information

Voluntarily?

Do not call immigration authorities.Do not tell others at school or in the community.Do support them as you would support other

families and youth.Do offer information about immigration

advocacy and service providers.Do not interfere with an active immigration

investigation.

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Higher Education

Undocumented immigrants can apply to public colleges and universities, except for those in GA and SC.

TX, CA, NY, UT, IL, WA, NE, NM, OK and KS provide in-state tuition for resident undocumented immigrants.

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Higher Education – Financial Aid

Federal and most state financial aid require immigration documentation.

Students who are US citizens or lawful permanent residents are eligible for aid, even if one or both parents are undocumented. However, if the student or parents supply a fake or

stolen social security number on the FAFSA, it will be rejected. Students should enter 000-00-0000 as their parent's social security number.

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Resources: Immigrants

Papers: Stories of Undocumented Youthhttp://www.papersthemovie.com/Legal Issues for School Districts Related to the

Education of Undocumented Children (National School Boards Association and National Education Association, 2009)

http://www.nea.org/assets/docs/09undocumentedchildren.pdf

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Resources: Immigrants

Kids in Need of Defense (KIND) [email protected]

Catholic Legal Immigration Network (CLINIC) www.cliniclegal.org

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Resources: Higher Education

The College Boardhttp://professionals.collegeboard.com/guidance/financial-

aid/undocumented-studentshttp://professionals.collegeboard.com/profdownload/young-

lives-on-hold-college-board.pdfThe Dream Act Portal

http://dreamact.info/Dream Activist

http://www.dreamactivist.org/

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Resources: Higher Education

Scholarships for undocumented students http://maldef.org/leadership/scholarships/resources http://www.getreadyforcollege.org/pdfGR/

ScholarshipsUndocumented.pdf http://www.migrant.net/migrant/scholarships.htm

Educators for Fair Consideration http://www.e4fc.org/

Information for federal financial aid for unaccompanied youth with lawful statushttp://www.naehcy.org/higher_ed.html

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Resources: Generally

NAEHCY http://www.naehcy.org

NCHE http://center.serve.org/nche

Runaway Switchboard

http://www.1800runaway.org

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