Assisting
Unaccompanied
Children and Youth:
Overcoming Hurdles and Opening Doors
Patricia Julianelle
National Association for the Education of Homeless Children and Youth
pjulianelle@naehcy.org
Hartford, CT
May 31, 2007
“…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
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
Who Are Unaccompanied
Children and Youth under the Law?
 STEP 1: Must meet the McKinney-Vento definition of
homeless: Children and youth who lack 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
Who Are Unaccompanied Children and
Youth under the Law? (cont.)
STEP 2: McKinney-Vento eligible children and youth who
are not 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. McKinneyVento must be equally applied to undocumented
students.
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).
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?
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.
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?
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.
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)
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
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
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.
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…
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
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
How can schools help unaccompanied youth
make up lost credits?

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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
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
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!
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
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
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.
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
Opening More Doors
 Truancy
 Job Corps
 Financial aid for
college
 DCF
 Medical and mental
health care
 FWSN
 Juvenile court
 Public Benefits
 Housing
 Immigration
 Emancipation
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

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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
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.
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
(upon verification by liaison, shelter director, or financial
aid administrator)
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
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%20livin
g.pdf
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
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.
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
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
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.
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
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 adultsupervised 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
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.
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.
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
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
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
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 “youthfriendly” approach
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”
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.”
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?
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/yout
hdivision/index.htm
What CT groups can help?
http://www.connlegalservices.org/CLSFra
meset-LR.html
http://www.ctkidslink.org/
http://www.kidscounsel.org/
http://www.kidscounsel.org/links_connectic
ut.htm
http://www.jud.state.ct.us/LawLib/Law/min
ors.htm