CA Homeless Youth Project Blog

California Legislative Bill Digest

In these first few months of the new two-year legislative session, California lawmakers have introduced a number of bills related to youth homelessness. Listed below are nine proposed bills that aim to address youth homelessness primarily as it relates to educational services, involvement with the child welfare system, and access to safety net programs.

Senate Bill

SB 177: Homeless Youth Education Success Act
Author: Sen. Liu (D – La Cañada Flintridge)
Co-Author: Asm. Ammiano (D – San Francisco)
This bill includes numerous provisions that would affirm the education rights of California’s homeless child or youth, by considering them eligible to participate in extra-curricular activities (i.e. interscholastic sports) even if they don’t meet school-residency requirements. This bill would provide youth access to educational support and services by requiring:

• Immediate enrollment of a homeless child or youth;
• The State Department of Education and the Department of Social Services to organize a work-group to accomplish specified objectives relating to homeless children and youth; and
• Local educational liaisons for homeless children and youth to ensure public notice of the educational rights of homeless children and youths are distributed in schools within the liaison’s local educational agency.

Assembly Bills

AB 5: Homeless Person’s Bill of Rights
Author: Asm. Ammiano (D – San Francisco)
The bill would enact a Homeless Person’s Bill of Rights, providing that “no person’s rights, privileges, or access to public services may be denied or abridged because he or she is homeless, has a low income, or suffers from a mental illness or physical disability” and would clarify many federal laws related to the educational rights of homeless youth under the McKinney-Vento Act.

 AB 264: Homelessness: housing
Author: Asm. Maienschein (R – San Diego)
This bill states that intent of the California Legislature is to “enact legislation to provide housing for homeless persons in this state.”

AB 309: CalFresh: homeless youth
Author: Asm. Mitchell (D – Los Angeles)
This bill aims to clarify that there is no minimum age requirement for unaccompanied homeless youth to apply for CalFresh benefits. This bill would also require county welfare departments to promote awareness of CalFresh expedited services to the homeless population by ensuring local educational agency liaisons and homeless shelter operators to receive training about CalFresh services.

AB 346: Emergency Youth Shelter
Author: Asm. Stone (D – Scotts Valley)
This bill would require that the Department of Social Services (DSS) create a new licensing category for emergency youth shelters. DSS would license shelter facilities that have met the requirements to offer short-term, 24-hour non-medical care and supervision and personal services for up to 25 youths who voluntarily enter the facility. The bill would require DSS to adopt regulations to implement these provisions.

AB 652: Child Abuse and Neglect Reporting Act: homeless children
Author: Asm. Ammiano (D – San Francisco)
The Child Abuse and Neglect Reporting Act would clarify that a minor’s homelessness is not, in and of itself, a sufficient basis for reporting child abuse or neglect. This clarification would be consistent with federal law.

AB 951: Educational rights of homeless children: school district administrator and staff training
Author: Asm. Medina (D – Riverside)
This bill would require school districts to:

• Train all administrators and certificated and classified staff about the educational rights of homeless children and correlate services according, but not limited to, the federal McKinney-Vento Homeless Assistance Act;
• provide public notice to all students and parent/guardians regarding the educational rights of homeless children; and
• Designate a liaison between the school district and the homeless population to ensure that homeless children are identified and served accordingly.

AB 1068: PupilRecords
Author: Asm. Bloom (D – Santa Monica)
This billwould allow minors age 15 years or older to access their own records if the minor “is living separate and apart from his or her parent or guardian, and is managing his or her own financial affairs.”

AB 1110: Foster Care Services
Author:Asm. Mansoor (R – Costa Mesa)
This bill intends to “preserve and strengthen a child’s family ties whenever possible, removing the child from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public.” The bill would amend the Section 16000 of the Welfare and Institutions Code, relating to foster care. Reunification must be deemed “impossible or unlikely” for an alternate permanent housing option to be found; rather than “not possible or likely.”

AB 1283: Homeless Youth: Service Providers
Author: Asm. Bonilla (D – Concord)
This bill would mandate the state advisory group on youth homelessness to identify existing programs that assist youth homelessness and develop a directory of these programs. In addition, it would require this advisory group to found an “Internet Web site for runaway and homeless youth that would include a directory of service providers and the rights of homeless and runaway youth.” The bill would amend Section 1786 of the Welfare and Institutions Code, relating to homeless youth.

The California Homeless Youth Project is a non-partisan initiative of the California Research Bureau and the California State Library. As such, we do not take a position on legislation; this post is for educational purposes only.

More Than a Roof: State Action Plan Release Round-Up

   Nearly 50 community members, policymakers, and advocates came to the State Capitol last week to see Senator Carol Liu host an informative press conference to release our new State Action Plan, “More Than a Roof: How California Can End Youth Homelessness”. Our report identifies 10 main subject areas addressing the needs of homeless youth (prevention, education, employment, supportive services, housing, health, juvenile justice, rural areas, governance, and research and data) and offers corresponding policy solutions and action steps for state and local policymakers, service providers, and government agencies.

   Featured Speakers included Senator Carol Liu, Homeless Youth Project Director Shahera Hyatt, and homeless youth Joshua Williams & Aaron Mott from California Council on Youth Relations. All speakers emphasized the importance of a state action plan to end youth homelessness and shared their ideas for ending youth homelessness. Senator Liu discussed her support for More Than a Roof by saying, “We are fortunate that the information presented not only raises awareness of the scope of the homeless youth problem but also provides a framework for tackling an issue that heretofore has been largely ignored. I am committed to advancing the report’s recommendations, through legislation if needed, to prevent and reduce youth homelessness.”

   Hyatt added, “Homeless youth do not access services for chronically homeless adults or homeless families, for a variety of reasons: their needs are different, they have experienced threats, theft, or harassment in those programs, or they have been turned away from those programs because they don’t meet eligibility requirements. Plans to address the needs of these populations don’t necessarily impact unaccompanied homeless youth, so we felt we needed to create a plan that is youth-focused and specifically addresses the unique needs of homeless young people.”

   Williams had this to say about the plan, “The idea of a state action plan to end youth homelessness is phenomenal. No one chooses to be out on the street. We should help youth get back on their feet so they can be successful as they mature into adults. It makes no sense to turn your back on youth.” 

   Opening Remarks were followed by a screening of our documentary, “Voices from the Streets: Homeless Youth Speak Out on State Policy”, which highlights California homeless youth’s ideas for policy change that coincide with some subjects from our state action plan.

   If you were unable to attend, please watch the video of our Press Conference and review our report to see how we all can be a part of the plan, as we get closer to reaching the goal of ending youth homelessness. 

Sexual Exploitation in California

What’s Happening Now?

On September 24^th Governor Brown signed a series of bills to protect victims of domestic violence, child abuse, and human trafficking. SB1133, AB 2466, & SB 1193 are the bills that aim to curb human trafficking. SB1133 will expand the list of assets that are subject to forfeiture upon conviction of a human trafficking sex crime. AB2466 will allow courts to “seize and freeze” a defendant’s assets during prosecution, which helps dismantle the criminal enterprises’ economic infrastructure. SB1193 makes it a requirement for certain businesses (i.e. bars, strip clubs, truck stops, etc.) to post notices advertising telephone tip lines for members of the public and victims of human trafficking.

Attorney General Kamala Harris stated that “Human trafficking is big business in California” and is a high profit criminal industry that has expanded across the globe. Harris also stated, “With these new laws, California prosecutors and law enforcement officials will be able to seize assets of human traffickers, cripple their operations and aid victims”.

People around the world are realizing the prevalence of human sex trafficking, including here in California. This issue has gained momentum in California, and there has been action from Governor Jerry Brown, the California Homeless Youth Project (HYP), and the stakeholder groups like the California Child Welfare Council (CWC).

Here at the California Homeless Youth Project (HYP), we published an issue brief addressing Sexually Exploited Homeless Youth in California in May 2012. The brief establishes what is known about the sexually exploited homeless youth, highlights California legislation addressing CSEC and a diversion program that’s working on better protecting and serving CSEC, and provides policy recommendations for addressing CSEC and youth homelessness.

There is a Commercially Sexually Exploited Children (CSEC) workgroup under the purview of the California Child Welfare Council (CWC), which has been researching and promoting awareness of CSEC among government agencies and service providers. Their upcoming report is set to be released December 2012/January 2013. CWC is an advisory body comprised of representatives from the state and county department, nonprofit service providers, advocates, parents and former foster youth. The CWC is an initiative response to The California Health and Human Services Agency (CHHS), which is responsible for improving the collaboration and processes of the multiple agencies and the courts that serve children in the child welfare system.

Homeless Youth Are Victims of Sex Trafficking

Homeless Youth are a large diverse population, which encompasses many subpopulations such as pregnant and parenting youth, lesbian, gay, bisexual, and transgender youth, undocumented youth, and foster youth. The homeless youth population is extremely vulnerable to exploitation. Here are some common sexual exploitation experiences among homeless youth:

·         162,000 homeless youth are estimated to be victims of commercial sexual exploitation in the United States (Estes & Weiner, 2001).

·         Lacking social and financial support, homeless youth engage in a number of risky behavior and coping strategies in order to survive, making them easy targets for sex traffickers (Tyler, Hoyt, & Cauce, 2004).

·         LGBT youth are at an increased risk for becoming sexually exploited due to their over-representation in the homeless youth population (Hyatt, 2012).

·         More than one third of homeless youth engage in survival sex; the act of trading sex for food, clothing, or a place to stay (Ray, 2006).

·         Runaway and homeless youth experience rape and assault rates 2 to 3 times higher than the general population of youth (Robertson & Toro, 1998).

·         66% of males and 33% of females report being assaulted on the street, and 47% of females had been sexually assaulted (Cauce, et al., 1998).

These statistics illustrate how homeless youth are a vulnerable population, and that some sub-populations are more at risk. Sexually exploited homeless youth have an increased risk of physical health problems – including tuberculosis, hepatitis, and sexually transmitted infections (i.e. HIV/AIDS) – and mental health problems – including PTSD, depression, and anxiety disorders (Hyatt, 2011). As a result, trauma-informed programs, services, and policy initiatives are needed to address such concerns.

What Can be Done?

Homeless youth that are victims of sexual exploitation are a vulnerable sub-population of CSEC. Promoting awareness of issues such as CSEC, including human sex trafficking, is key to the reduction and prevention of its occurrence.

Here are a few policy recommendations from our report:

-          Prevent homelessness by 1) providing homeless youth immediate assistance finding safe and long-term homes, continuing education services, and job training; 2) having law enforcement be a positive gateway service by providing immediate referrals to relevant services for victims of sexually exploited and homeless youth;

-          Increase access to health care and mental health services for sexually exploited and homeless youth;

-          Research underserved populations such as sexually exploited boys, young men, and LGBT youth;

-          Improve state-wide data collection to accurately measure sexually exploited and homeless youth in order to understand the extent of their trauma; and

-          Create effective public policies to assist sexually exploited and homeless youth by being better informed of the long-term effects of sexual exploitation and homelessness

Although issues relating to sexual exploitation and youth homelessness are sensitive conversation topics, awareness is the first step to preventing CSEC and youth homelessness.

For more information regarding youth homelessness in California visit these sites:

California Homeless Youth Project (HYP)

John Burton Foundation

California Coalition for Youth

For more information and services regarding sexual exploitation among youth homelessness visit these additional sites:

Missing and Exploited Children’s Program

Missey

National Center for Youth Law

California State Policies Concerning Homeless Youth

Last week the National Law Center on Homelessness & Poverty (NLCHP)released “Alone without a Home,” a report that focused on the legal rights of homeless youth concerning health care and social services.

According to the report, youth experience homelessness for numerous reasons and struggle with having their needs met; this is partly due to policies and procedure of state law. This is important because effective policies around health care and social services can help meet their human needs (i.e. food, water, sleep, health, etc.).

Statistics among the States

State laws vary in allowing homeless youth to receive health care, social and legal services (i.e. applying for health/federal benefits and writing up legal contracts) without parental consent.  Here is a national snapshot of these laws:

22 states don’t require court involvement for receiving some social services

34 states allow minors to apply for health insurance without parental consent

47 states allow homeless youth to receive federal benefits (i.e. food stamps) without parental consent

28 states allow homeless youth to receive mental health treatment on their own accord

46 states allow homeless youth to be taken into police custody

36 states grant law enforcement power to return the homeless youth to their foster/home against their will

Where does California Stand?

California is 1 of only 10 states that include provisions to fund programs targeted to runaway and homeless youth.California authorizes few sources of funding for runaway and homeless youth programs and services, which include the Runaway Youth and Families in Crisis Project and the Youth Center and Youth Shelter Bond Act program.  These programs allow multiple types of services to be directed to homeless youth such as food, shelter, health services, independent living/employment skills programs, and counseling, among others.

The Courts and Law Enforcement

Homeless youth can become “wards of the court”, which allows the court to order for the care, supervision, custody, conduct, maintenance, and support of the youth.

A police officer may find it reasonable to take a homeless youth into custody without a warrant, but must advise them of their rights. The youth can be held in shelters, non-secure facilities, or crisis resolution homes, but they can only be held in detention facilities in extenuating circumstances (i.e. warrants against the youth, if necessary to find guardians; and if reaching/awaiting guardians) for no more than 72 hours.

Emancipation

In order for a homeless youth to avoid barriers to accessing health care, social services, and/or legal help, becoming legally independent or “emancipated” may be needed. The fact that homeless youth  (under the age of 18 in California) are “minors” means that they have limited legal rights; for example, they lack the legal status to live independently unless they become emancipated. Youth may become emancipated by choice or because there are no adults able and/or willing to support them. The two common obstacles that homeless youth encounter in becoming emancipated are (1) parental consent and (2) age limitations.

California permits minors as young as 14 years old to petition for emancipation, allowing them to enter into binding contracts if it is deemed to be in the youth’s best interest. Once granted, the emancipated minor is considered an adult and therefore allowed the same legal rights and consequences as adults. The youth or the guardian may appeal a decision regarding emancipation if they are not pleased with the court’s decision, so emancipation may be voided or rescinded.

NLCHP recommends that states assign responsibility for offering opportunities and supports for runaway and homeless youth, which California does, albeit in a limited capacity. The report sites Indiana as an example of effective emancipation statue in that they (1) do not allow youth to be returned to their foster/home against their will; and (2) do not require parental consent for emancipation efforts, nor do they have a minimum age requirement.  Indiana statutes require the court to ensure that youth seeking emancipation understand the consequences of their decision. In addition, youth are required to show that they have acceptable safe living arrangements and that they can support themselves.

The Point

The report aims to promote the safety, health, dignity and worth of homeless youth, thus increasing their chances of a more positive future. The barriers that prevent homeless youth from having their needs met jeopardize their chances of re-establishing safe and stable homes. For more information about California law pertaining to child welfare please visit the CALIFORNIA WELFARE AND INSTITUTIONS CODE.

Welcoming LGBTQ Homeless Youth Into Supportive Programs

Last week, I was lucky enough to attend the National Alliance to End Homelessness’s conference on ending homelessness in Washington DC. I left this conference with so many innovative strategies that we at the HYP feel it is necessary to communicate them. This will be the first in a series featuring themes we heard at the conference about serving homeless youth. The workshop,“Welcoming, Inclusive, and Affirming Practices for LGBTQ Youth”; lead by Ozella Barnes from Teen Living Programs (Chicago, IL) and Aimee Armata from Larkin Street (San Francisco, CA), was aimed toward helping service providers create a welcoming and inclusive environment for lesbian, gay, bisexual, transgender, and queer/questioning (LGBTQ) youth.

Lessons Learned:

LGBTQ youth have unique needs that service providers should be aware of and sensitive to. When welcoming LGBTQ youth it is important to first make sure that staff is well equipped and culturally competent. Barnes recommended that organizations formulate guiding philosophies that everyone can agree with.  One of the guiding philosophies at Teen Living Programs is the minimum requirement for staff to be clinically trained. Barnes discussed how important it is for staff members to be clinically trained to ensure that there is competency in serving the high needs that youth have. To promote a unified philosophy, Aimee Armata recommended that organizations develop a mission statement that everyone can take to heart and can stand behind. Larkin Street’s mission statement (below)is a good example of this philosophy.

The mission of Larkin Street Youth Services is to create a continuum of services that inspires youth to move beyond the street. We will nurture potential, promote dignity, and support bold steps by all.

Guiding philosophies are important because they allow the entire organization to be on the same page as far as how they interact with youth and each other. Both Barnes and Armata stressed the importance of communication to ensure that there is accountability and an atmosphere of acceptance and success. Barnes described, “The right hand always needs to know what the left hand is doing.”

Barnes and Armata spoke about specific guiding philosophies that foster an atmosphere for welcoming LGBTQ youth. Ms. Barnes spoke about her organization’s continual promotion of non-violence. She emphasized that non-violence should be used in everything from language to body movements. This ensures a safe environment for youth and staff. In the same instance, Barnes discussed how services should always use inclusive language and enforce policies of non-harassment. This is important because it discourages a discriminatory environment.

When working with LGBTQ youth, Armata emphasized the importance of knowing the specific LGBTQ competent services in your area. She provided the workshop with two websites where providers can learn more about serving this population: http://www.glma.org/ and  http://www.wpath.org/.

To help youth develop an accepting environment, they recommended retreats to bring solidarity and a sense of community to the young people that they serve. Both providers strongly recommended that youth should be placed in the shelter facility where they feel most comfortable, which is usually in accordance with their gender identity.

Armata left on a strong note with the statement in her presentation, “cultural humility starts with YOU.” She believes that it is important for service providers to acknowledge their own perception of gender and orientation and how it will affect the language, behavior, and advocacy one can do with their organization. She encouraged providers to use gender neutral language and address youth by their name and pronoun of choice; while at the same time encouraging him or her to dress however they feel most comfortable regardless of their biological sex.

The practices that these women developed were supported by years of experience and an intense passion towards the youth they served. Being in a room and actually seeing with my own eyes the number of people who are invested in fostering inclusive spaces for LGBTQ youth brought a smile to my face.

For more information regarding LGBTQ homeless youth read our issue brief: Struggling to Survive: LGBTQ Homeless Youth in the Streets of California.

Jimmy

Employing Homeless Youth

Yesterday, we at the HYP attended “Vocationalizing Youth Services”, a regional training hosted by the Homeless Youth Capacity Building Project and facilitated by Larry Robbin, an expert in the field of job services. Prior to this training I had a strong conviction that education was the only means of obtaining stability for youth. This conviction was heavily influenced by my own personal experience of using my education and supports from this system to find stability and success in my own life. However, this training demonstrated to me that my pathway to stability may not be the right path for every homeless youth and that it is critical as I continue to analyze the issue of youth homelessness in California that I do not project my own path onto others who are currently homeless.

The Oakland workshop was filled with service providers who had a sense of enthusiasm in the upcoming strategies they would learn from Robbin. Among these strategies were:

·         Engaging the business community to help youth find jobs. Encourage business partners to give tours of their organization or let a youth do a job shadow in return for their business.

·         Addressing hidden mental and physical health disabilities that can be a barrier to employment.

·         Helping youth find and cultivate their hidden assets.

Robbin began to ask people what in their life contributed to the belief that working is a positive, integral part of their life. The people in the room provided answers such as making a difference, independence, financial stability, creative expression, the work family, and the satisfaction of being a productive member of society were what made them proud to be part of today’s job market. Robbin stated that it is important to communicate these values to youths and that the most effective way to do this is by utilizing alumni from their program or youth that were once in their situation as role models to voice the importance of employment as a means of stability.

Once we get a youth interested in the idea of independence it is important to discover what assets or passion the youth has to invest into a job or career. Youth out there have values and skills that they don’t even realize. Robbin shared a story of a young man who had six pit bulls and unknowingly had a skill in training dogs. The young man went on to intern at an animal hospital and now currently works with animals at Golden Gate Fields.

The most important step to this whole process is not just finding youth jobs, but making sure they keep the job. Support groups for working teens, and providing role models that reflect the culture and experience of the youth who are being served are other ways to integrate young people into the working world. In my own experience, I had a friend who got a job at a corporate convenience store. Everything began to look good for him, he was establishing his independence, going back to school, and had a positive attitude change toward life. Unfortunately, my friend lost his job thanks to a culmination of conflicts with management and unemployed peers that continually denounced the values of working. As I sat through this training, I thought of my friend and his current circumstances and thought how much he would have benefited from such support systems.

Employment can and will play a major role in helping to end youth homelessness. We must be innovative in our approach of demonstrating the values of work so that we can help these children to acquire their own homes and become more independent, productive members of our society.

Jimmy Ramirez