BURNING DOWN THE HOUSE: THE MYTHS AROUND YOUTH HOMELESSNESS IN AMERICA

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BURNING DOWN THE HOUSE: THE MYTHS AROUND YOUTH HOMELESSNESS IN AMERICA Presented by the American Bar Association ABA President, Forum on Affordable Housing and Community Development Law and Center for Professional Development

American Bar Association Center for Professional Development 321 North Clark Street, Suite 1900 Chicago, IL 60654-7598 www.americanbar.org 800.285.2221 Submit a Question Visit https://americanbar.qualtrics.com/se/?sid=sv_2ub91twxeymw6fl&pcode=ce1708fss to submit a question on the content of this course to program faculty. We ll route your question to a faculty member or qualified commentator in 2 business days. The materials contained herein represent the opinions of the authors and editors and should not be construed to be the action of the American Bar Association ABA President, Forum on Affordable Housing and Community Development Law or Center for Professional Development unless adopted pursuant to the bylaws of the Association. Nothing contained in this book is to be considered as the rendering of legal advice for specific cases, and readers are responsible for obtaining such advice from their own legal counsel. This book and any forms and agreements herein are intended for educational and informational purposes only. 2017 American Bar Association. All rights reserved. This publication accompanies the audio program entitled Burning Down the House: The Myths Around Youth Homelessness in America broadcast on August 21, 2017 (event code: CE1708FSS).

TABLE OF CONTENTS 1. Presentation Slides 2. Letter from Hilarie Bass re: American Bar Association Homeless Youth Legal Network Pro Bono

1

Welcome Burning Down the House: The Myths Around Youth Homelessness in America Hilarie Bass, President, American Bar Association; Shareholder; Co- President, Greenberg Traurig Gabriella Christine McDonald, Pro Bono & New Projects Director, Texas Appleseed Eve Allegra Stotland, Director, The Door's Legal Services Casey Trupin, Program Officer, Youth Homelessness, Raikes Foundation Courtney Smith, Youth Advisor, National Network for Youth Register for more FREE CLE Why is there youth homelessness? Family conflict Poverty and family homelessness Also, overrepresentation of pregnant/parenting youth Interactions with public systems of care Child welfare, juvenile and criminal justice, behavioral health Impact of race and sexual orientation/gender identify LGBTQ and youth of color overrepresentation

Myths and reality Myth They want to party They don t want to follow the rules Kidnapped from their homes by traffickers Reality Poverty Racial injustice Global migration Lack of affordable housing Death of caregivers Abuse by caregivers Caregivers won t accept their sexual orientation or gender identity Caregivers won t accept their pregnancy Release from foster care or jail What does it mean to be homeless? Definition Generally ages 12-24 Unaccompanied by parent/guardian Federal definitions have significant overlap, but do vary Data High rates of police contact, survival offenses Trafficking, survival sex Health challenges Victimization

What does it mean to be homeless? As far as the kids are concerned, once they turn 17 nobody cares. - JN, San Marcos Youth I started walking around the neighborhood and I was just crying thinking to myself what am I going to do? Now I m homeless and I m 17. I m suppose to be in school. That s all that ran through my headschool school school. - CJ, Houston, TX, Youth I ve called CPS a few times on 15-year old being beaten [ ] But because they ve got so much to do with the young ones, unless those teens are in major abusive situations, there s just not a lot of action taken. [ ] that s just the reality- they re going to focus on getting a 5-year old placed before they are a 16-year-old male. JP, Greater Dallas/Fort Worth Area, TX, Service Provider The Justice System and Youth Experiencing Homelessness What does it mean to criminalize youth homelessness? Status offenses Quality of life offenses Juvenile/criminal justice and collateral consequences Dependency/child welfare

Other legal issues faced by this population Identification Education Enrollment, continuity, full participation, special education, exclusion Public benefits SSI, Extended Foster Care, Medicaid, TANF Family law Immigration

How can legal services help? When legal issues are addressed, youth are able to access: Safety Education Employment How it works.

The ABA has committed funds to support the development and implementation of a national Homeless Youth Legal Network (HYLN) a new initiative to increase legal services for youth and young adults experiencing homelessness by fostering greater capacity and connectivity. As a catalyst and convener to address the legal issues of homeless youth and improve outcomes for those transitioning from the child welfare system and exiting the juvenile justice system through direct representation, the ABA invites federal partners and national, state and local organizations to join the effort to develop the Homeless Youth Legal Network. The ABA Commission on Homelessness & Poverty invites your participation in the implementation of the HYLN. For more information, please visit our website at www.ambar.org/hyln. Or contact: Amy Horton-Newell Director, ABA Commission on Homelessness & Poverty (202) 662-1693 Amy.Hortonnewell@americanbar.org 2017 HYLN Model Programs Arizona: Arizona Legal Women and Youth Services (ALWAYS) Alwaysaz.org California: Bay Area Legal Aid Youth Justice Project Baylegal.org Connecticut: Center for Children s Advocacy Cca-ct.org Maryland: Homeless Persons Representation Project, Homeless Youth Initiative Hprplaw.org Minnesota: Mid-Minnesota Legal Aid, Youth Law Project Mylegalaid.org New Mexico: Pegasus Legal Services for Children Pegasuslaw.org/youth-law-project New York: The Door door.org New York: Urban Justice, Peter Cicchino Youth Project Pcyp.urbanjustice.org Ohio: Family & Youth Law Center at Capital University School of Law Familyyouthlaw.org Pennsylvania: Community Legal Services of Philadelphia (CLS) Clsphila.org Utah: Homeless Youth Legal Clinic https://www.voaut.org/homeless-teen-services Washington: Legal Counsel for Youth and Children (LCYC) Lcycwa.com

Challenges in providing legal services Trauma Trust Youth clients vs. business clients Ethics13z Strengths of pro bono attorneys in this work The strange overlap of business law and homeless youth The fresh eyes of the private bar Systemic advocacy (in and out of courts)

Goal: match lawyers/law firms with shelters, drop-in centers and other homeless youth providers Toolkit will help equip you to provide legal assistance ABA will provide technical assistance and guidance to you moving forward. HYLN Pro Bono lawyers will collaborate with shelter staff to determine the best approach to legal assistance. Options include: Direct representation of individual youth with urgent legal needs Live legal clinics to represent groups of youth who all have similar legal needs Live legal education or "Know Your Rights" presentations E-mail HYLNprobono@americanbar.org OR www.ambar.org/hylnprobono Visit our website: www.ambar.org/hyln Follow us on Twitter: @ABAHYLN; and Facebook www.facebook.com/abahyln/ Join our listserv by e-mailing hyln@americanbar.org Help us map existing programs and unmet legal needs by taking our survey: http://bit.ly/2jwuwme Request free Technical Assistance by emailing Amy.HortonNewell@americanbar.org To Volunteer visit www.ambar.org/hylnprobono

Thank you for joining us Here is our upcoming program in the series: Preview of United States Supreme Court Cases: 2017-18 Term Monday, September 18, 2017 1:00 PM 2:35 PM ET

2

Dear Colleagues, Thank you for this opportunity to seek your partnership in an exciting new American Bar Association initiative dedicated to improving the lives of homeless youth. As a signature project of my upcoming term as President of the ABA (2017-2018), I invite your firm to collaborate in Homeless Youth Legal Network Pro Bono ( HYLN Pro Bono ): a project aimed at meeting the legal needs of youth served by drop-in centers or staying in homeless shelters throughout the United States. Our goal is to match lawyers and law firms with shelters, drop-in centers and other homeless youth providers (ideally on a regular/monthly basis). We are finalizing a toolkit that will help equip you to provide legal assistance, and the ABA will be available to provide technical assistance and guidance to you moving forward. HYLN Pro Bono lawyers will collaborate with shelter staff to determine the best approach to legal assistance. Options include: Direct representation of individual youth with urgent legal needs such as questions about criminal cases, denial of public benefits, school expulsion, etc. Live legal clinics to represent groups of youth who all have similar legal needs, including obtaining identification documents, applications for college funding, expungement of records, immigration status, consumer issues, etc. Live legal education or "Know Your Rights" presentations to teach youth about important issues such as rights in foster care, rights as employees/ job applicants, options for federal funding for college, etc. HYLN Pro Bono is buoyed by the work of the emerging Homeless Youth Legal Network which supports local legal aid organizations, nonprofit agencies, state and local bar associations, law schools and pro bono legal programs by increasing their capacity to effectively meet the legal needs of homeless youth and young adults living in their communities, and developing new programs where legal services currently do not exist. For HYLN Pro Bono, this national network will support new pro bono efforts by connecting volunteer lawyers with seasoned homeless youth lawyers to provide training, guidance and mentorship. The ABA's HYLN Hotline will provide additional connectivity and support to legal services lawyers, pro bono lawyers, youth and providers. If you are interested in participating in HYLN Pro Bono or to learn more about the initiative, please email HYLNprobono@americanbar.org or call Kelly Russo at (202) 662-1699. Thank you for joining with us to provide critically needed advocacy to homeless youth. Together we can remove legal barriers and improve outcomes for this vulnerable population. Sincerely, Hilarie Bass President-Elect, American Bar Association