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National Clearinghouse on Homeless Youth and Families

Legal Rights

Youth Homelessness and the Juvenile Justice System: A Roadmap of What to Ask, Offer, and Expect from Referral to Reentry

Youth Homelessness and the Juvenile Justice System: A Roadmap of What to Ask, Offer, and Expect from Referral to Reentry
Electronically published journal article, but not part of an issue

No

Abstract

This guide provides professionals in the fields of education, social services, and law enforcement with information to help identify and respond to youth who may be homeless. The guide recommends prosecutors, judges, and probation officers review juvenile cases for possible homelessness at each stage of the judicial process. The guide emphasizes the importance of re-entry planning with this population. The federal definition of youth homelessness is provided as well as questions professionals can ask youth to determine their housing status. 

Accession number
25459
Authors
Smoot, N.
Type new
Guide/Toolkit
Organization

Coalition for Juvenile Justice

Year published new
2018
Availability

Available for free download on the Coalition for Juvenile Justice website at: http://www.juvjustice.org/sites/default/files/resource-files/map_FINAL…

Understanding Youth Rights: Helping Providers Navigate the Laws and Policies Affecting Unaccompanied Homeless Youth

Understanding Youth Rights: Helping Providers Navigate the Laws and Policies Affecting Unaccompanied Homeless Youth
Electronically published journal article, but not part of an issue

No

Abstract

This guide provides information about key applicable Texas and federal laws on emergency shelter/housing, emancipation, public education, medical treatment, and eligibility for state and federal benefits and how they apply to runaway, homeless, and unaccompanied youth. It also identifies how providers can empower youth voices and help youth understand their rights and responsibilities, as well as appreciate and uinderstand the cultural diversity among homeless youth. The last chapter identifies the benefits of collaborative relationships between youth service agencies and law enforcement and juvenile justice systems. Each section contains answers to freqently asked questions related to each subject and offers general guidelines for most situations. Also included are definitions of common terms and phrases used in the law and by government organizations. (Author Abstract Modified)

Accession number
25422
Authors
Texas Network of Youth Services
Type new
Guide/Toolkit
Year published new
2016
Availability

Available for download free of charge on the Texas Network of Youth Services website at http://tnoys.org/wp-content/uploads/Youth-Rights-Guide_New-Version-2.pdf.

Resolution Addressing the Needs of Homeless Youth and Families in Juvenile and Family Courts

Resolution Addressing the Needs of Homeless Youth and Families in Juvenile and Family Courts
Electronically published journal article, but not part of an issue

No

Abstract

The National Council of Juvenile and Family Court Judges (NCJFCJ) passed a resolution during the organization’s 80th annual conference in Washington, D.C. to address the needs and issues related to homeless youth and families involved with the juvenile and family court systems. The resolution outlines strategies for judges to better serve young people experiencing homelessness and opposes the criminalization of youth for status offenses related to their lack of safe and stable housing. Juvenile and family court judges can lead the effort within their jurisdictions to improve the outcomes of youth with safe and stable housing, substance abuse and mental health services, life skills counseling, and family reunification when deemed appropriate. The resolution provides concrete steps for judges to convene child welfare and juvenile justice system stakeholders to develop a coordinated response to effectively identify and secure housing and services for homeless youth.

Accession number
25446
Authors
National Council of Juvenile and Family Court Judges
Type new
Journal Article
Journal Name

Juvenile & Family Court Journal

Volume new
69
Year published new
2018
Availability

Free access to the full-text article at: https://onlinelibrary.wiley.com/doi/full/10.1111/jfcj.12103

Promoting Permanency for Older Youth in Out-of-Home Care

Promoting Permanency for Older Youth in Out-of-Home Care
Electronically published journal article, but not part of an issue

No

Abstract

This brief from the Children’s Bureau provides information for child welfare professionals about the importance of permanency planning for youth. This planning should include both legal permanency, such as decisions about reunification versus adoption, and relational permanency, such as identifying caring adults in the youth’s life. These adults may provide long-term support that can help youth transition to adulthood and may become a legal permanent option. The brief covers current federal legislation that supports youth permanency as well as strategies for permanency planning with youth. These include involving youth in permanency planning, strengthening reunification services, and helping youth maintain or establish relationships with kin.

Accession number
25844
Type new
Brief
Organization

Childrens Bureau

Series
Bulletin for Professionals
Year published new
2019
Availability

Available for free on the Child Welfare Gateway website at: https://www.childwelfare.gov/pubPDFs/bulletins_permanency.pdf

Preventing Homelessness for System-Involved Youth

Preventing Homelessness for System-Involved Youth
Electronically published journal article, but not part of an issue

No

Abstract

This journal article expounds on three of the 20 strategies presented in the National Council of Juvenile and Family Court Judges Resolution titled Addressing the Needs of Homeless Youth and Families in Juvenile and Family Courts. The first strategy discussed is the need to improve coordination between the child welfare and juvenile justice systems, particularly related to transition and re-entry planning for youth who are involved in both systems. The second strategy discussed is the need for judges to ensure youth within their jurisdictions receive high quality legal representation and that courts and counsel are aware of the increased risk of system-involved youth becoming homeless. The third strategy discussed is for an increase in sound judicial leadership to improve outcomes for youth experiencing homelessness. The authors state that juvenile and family court judges can help change the prevailing public perception that all system-involved youth are “bad kids.” The article includes an excerpt from the personal story of Keyona Cooper, MSW, who entered the child welfare system at age 10, and later experienced homelessness when she aged out of the system.  It also includes a case study about Davidson County, Tennessee, which is a system actively working to decriminalize youth homelessness. Information is provided about the concurrent efforts of the Coalition for Juvenile Justice and the American Bar Association’s Homeless Youth Legal Network to remove legal barriers and improve outcomes for youth and young adults experiencing homelessness.

Accession number
25445
Authors
Britton, L., Pilnik, L.
Type new
Journal Article
Journal Name

Juvenile & Family Court Journal

Volume new
69
Year published new
2018
Availability

No Barriers: A Legal Advocates Guide to Ensuring Compliance with the Education Program of the McKinney-Vento Law

No Barriers: A Legal Advocates Guide to Ensuring Compliance with the Education Program of the McKinney-Vento Law
Electronically published journal article, but not part of an issue

No

Abstract

This manual provides legal advocates an understanding of the relevant provisions of the McKinney-Vento Act and the tools needed to implement these legal protections for homeless children and youth. The first section summarizes the key concepts and provisions of McKinney-Vento as well as the appellate process for homeless students who receive adverse determinations from their school systems. In addition, the manual delineates the responsibilities of state educational agencies (SEAs) and local educational agencies (LEAs). The second section covers other federal and state education laws, initiatives, and resources that are relevant to helping homeless children and youth succeed in school. The third section focuses on specific populations of homeless children and youth who may face additional barriers to their education. The fourth section outlines challenges to implementing, enforcing, and complying with McKinney-Vento. The criminalization of youth homelessness is also addressed. The fifth section is a compliance list of dos and don’ts to avoid expensive and time-consuming litigation. The last section on lessons learned from previous litigation presents case summaries related to procedural and substantive issues. 

Accession number
25466
Authors
National Law Center on Homelessness & Poverty
Type new
Guide/Toolkit
Year published new
2016
Availability

The full document is available for free download on the National Law Center on Homelessness & Poverty website at: https://www.nlchp.org/documents/NoBarriers

Evicted? Doubled Up? Your Child Has the Right to Stay in School! A Know Your Rights Toolkit for Families who Lack Stable Housing

Evicted? Doubled Up? Your Child Has the Right to Stay in School! A Know Your Rights Toolkit for Families who Lack Stable Housing
Electronically published journal article, but not part of an issue

No

Abstract

This toolkit provides information about how the McKinney-Vento Homeless Assistance Act protects the rights of children and youth to stay in their schools while their families are experiencing homelessness or housing instability. It provides resources to help parents understand their children’s educational rights and whom they can contact at the school system level and how to seek legal representation.

Accession number
25730
Type new
Guide/Toolkit
Organization

National Law Center on Homelessness and Poverty

Year published new
2019
Availability

Available free of charge on the NLCHP website at: https://nlchp.org//wp-content/uploads/2019/02/mvtoolkitfederal2019.pdf

Civil Legal Services and Medical-Legal Partnerships Needed by the Homeless Population: A National Survey

Civil Legal Services and Medical-Legal Partnerships Needed by the Homeless Population: A National Survey
Electronically published journal article, but not part of an issue

No

Abstract

This journal article examines civil legal needs among people experiencing homelessness and the extent to which medical-legal partnerships exist in homeless service sites, which promote the integration of civil legal aid professionals into health care settings. A national sample of 48 homeless service sites across 26 states was surveyed in November 2015. The survey asked about needs, attitudes, and practices related to civil legal issues, including medical-legal partnerships. More than 90 percent of the homeless service sites reported that their patients experienced at least one civil legal issue, particularly around housing, employment, and health insurance. Only half of all sites reported screening patients for civil legal issues, and only 10 percent had a medical-legal partnership. Sites that served homeless youth and had received previous training on legal screening were more likely to have a medical-legal partnership. The large majority of sites reported interest in receiving training on screening for civil legal issues and development medical-legal partnerships. There is great need and potential to deploy civil legal services in health settings to serve unstably housed populations. Training homeless service providers how to screen for civil legal issues and how to develop medical-legal partnerships would better equip them to provide comprehensive care. (Author Abstract Modified)  

Accession number
25393
Authors
Tsai, J., Jenkins, D., Lawton, E.
Type new
Journal Article
Organization

Division of Mental Health Services Research, Yale School of Medicine, New Haven, CT

Journal Name

American Journal of Public Health

Volume new
107
Year published new
2017
Availability

Available by subscription or purchase on the journal website: http://ajph.aphapublications.org/doi/10.2105/AJPH.2016.303596.

Assessing Trauma for Juvenile and Family Courts From Development to Implementation: 2013-2017

Assessing Trauma for Juvenile and Family Courts From Development to Implementation: 2013-2017
Electronically published journal article, but not part of an issue

No

Abstract

National Council of Juvenile and Family Court Judges (NCJFCJ) collaborated with affiliates from the National Child Traumatic Stress Network (NCTSN) and select courts to develop this trauma consultation protocol for juvenile and family court settings. The development team worked with pilot courts from a range of geographically diverse jurisdictions to explore what it means to be a trauma-informed court. The initial conceptual framework for the trauma consultations was grounded in the following key principles: (a) courts have an integral role in the healing process for the youth and families that they serve; (b) all court stakeholders should experience a sense of safety, personal agency, and connectedness when engaged with the court; and (c) court personnel, environment, practice, and policy impact all court stakeholders. (author abstract modified).

Accession number
25860
Authors
Stoffel, E., Korthase, A., Gueller, M.
Type new
Paper/Research Report
Organization

National Council of Juvenile and Family Court Judges

Year published new
2019
Availability

Available for free download on the NCJFCJ website at: https://www.ncjfcj.org/wp-content/uploads/2019/07/NCJFCJ_Assessing_Trau…

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
Electronically published journal article, but not part of an issue

No

Abstract

This report reviews the status of current law in all 50 states and 6 territories related to 13 key issues that affect the lives of unaccompanied youth who experience homelessness. It offers an overview of the range of approaches taken by states since the last update in 2012, and the relative prevalence of these approaches. Key findings include: 1) Many jurisdictions lag behind in implementing changes to federal law that strengthen access to education for youth experiencing homelessness; 2) Punitive approaches to unaccompanied youth are prevalent in many jurisdictions; 3) Definitions of unaccompanied youth often fail to be inclusive, developmentally appropriate, and nonjudgmental; 4) Many jurisdictions authorize or require provision of health care, education, and other services to unaccompanied youth even in the absence of parental consent; and 5) Most jurisdictions provide youth with some ability to act on their own behalf. This collaborative publication from the National Law Center on Homelessness and Poverty and the National Network for Youth recommends policy changes to help protect the safety, development, health, and dignity of youth experiencing homelessness, and thus increase their prospects for positive future outcomes. (author abstract modified)

Accession number
25715
Type new
Paper/Research Report
Organization

National Law Center on Homelessness and Poverty and National Network for Youth

Year published new
2019
Availability

Available free of charge on the National Network for Youth website at: https://www.nn4youth.org/wp-content/uploads/Alone-Without-A-Home-2019.p…